TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Kingfish Investment Holdings, Inc
201 S Biscayne Blvd, Suite 800
Miami, FL 33131
WATERWAY AND LOCATION: This project would affect water associated with the Mashta Canal, adjacent to Biscayne Bay and is located at 451 North Mashta Dr in Section 05, Township 55 South, Range 42 East, Key Biscayne Florida 33149 (Folio: 24-5205-017-0030)
Directions to the site are as follows: From I-95, take exit 1A toward Rickenbacker Cswy/Key Biscayne. Turn left onto SW 26th Rd, then right onto Harbor Dr, at traffic circle, take 1st exit onto W Mashta Dr, then left onto N Mashta Dr. Property will be on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitute: 25.684098°
Longitude: -80.170111°
PROJECT PURPOSE:
Basic: The basic project purpose is for improved water access.
Overall: The overall project purpose is to improve water access at a single-family home.
EXISTING CONDITIONS: The property contains an existing 141 linear foot seawall and 376 square foot wood dock along the shoreline at a single-family residence, within a manmade canal. Ocean consulting performed benthic survey’s on September 7,2023 and March 18, 2024, which observed submerged aquatic vegetation (SAV) such as Haolphila decipiens (<1%), Thalassia testudinum (<15%) and Halodule wrightii (5-50%) with patchy macroalgae at the site. The site does not contain any corals.
PROPOSED WORK: The applicant proses to improve water access by installing a new 305 square foot wood dock with (7) wood dock piles adjacent to existing 376 square foot wood dock. Dredging of approximately 365.1 cubic years (2,825 square feet) of material to -6 feet Mean Low Water (MLW) to support safe mooring. Dredging will be conducted using a mechanical dredge onto a barge with watertight container. The dredged material will then be transferred to uplands via a crane and disposed of in a Class I landfill. Temporary turbidity curtains will be installed around work areas during the construction phase.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
The proposed dredging is required by MDC-DERM in order to obtain adequate water depth to moor the applicant’s vessel. DERM requires dredging within the slip space, as well as ingress and egress pathways, to a depth that ensures 2.0 ft of clearance. The original proposal would have resulted in 3,074 square feet of impacts within the dredge footprint. After reviewing the data, the applicant was able to shrink the dredge footprint to 2,825 square feet, resulting in a reduction of direct impacts by 22 square feet to seagrasses. The applicant’s 80-ft vessel has a draft of 4.0 ft, and thus the dredge footprint cannot be minimized any further. Unavoidable impacts to1,038 square feet of seagrass remain. In addition, the dredge location cannot be changed. The proposed 80ft vessel will be moored on the south end of the property where the canal width is widest. A 28ft vessel will be moored at the north end of the property.
Further, seagrass coverage is universal throughout the entire shoreline, and coverage changes temporally, so shifting the dredge location will not necessarily minimize impacts. From the hydrographic survey, seagrass is shown to be present in areas with a depth of -6.0’ MLW and beyond. In addition, seagrass in this location comes and goes temporally. For this reason, the applicant fully expects seagrass to recolonize the dredged area after construction is complete. In addition, it is anticipated that seagrass will grow on the north end of the property. With the smaller, 28ft vessel, moored in that location there will be less slip shading and thus it is expected that seagrass will fill in.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Given that the dredging is required by MDC-DERM, and that seagrass is anticipated to recolonize the area, mitigation should not be required for this single-family home.
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated 25 April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > H > I > N > O >P “MANLAA.” This determination is partially based on the applicant following the standard manatee construction precautions for the proposed activity. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
The Corps has preliminarily determined the proposed project may affect, but is not likely to adversely affect green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), Giant Manta Ray (Mobula birostris), Nasaau Grouper (Epinephelus striatus) and its designated critical habitat. The Corps will request initiation of informal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
In addition, the proposed activity is located within the Consultation Area for the Florida Bonneted Bat (Eumops floridanus) and the South Florida Urban Area. While the project is located within the Bat consultation area, the parcel lacks suitable roosting or foraging habitat. The shoreline at the project is stabilized by a seawall in a highly urbanized area. Based the lack of suitable roosting habitats at the site, the Corps has determined that the project will have no effect on the species.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact tidal waters containing approximately 3,633 square feet of sandy substrate containing submerged aquatic vegetation (SAV) with patches of macroalgae. Approximately 1,038 square feet of SAV, macroalgae and sandy substrate would be impacted that is utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, sea turtles, manatees, and snapper/grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Biscayne Bay. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
NAVIGATION: The proposed structure and activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Miami Permits Section, 9900 SW 107th Ave, Suite #203, Miami Fl 33176 within 28 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Catrina Frey, in writing at the Technical Regional Execution Center (TREC), 4400 PGA Blvd, Suite 500, Palm Beach Gardens FL 33410; by electronic mail at catrina.n.frey@usace.army.mil; by telephone at (305)484-7406.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people.
The US Army Corps of Engineers (Corps) is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 13-0441419-001-EI.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.