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 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT:
Miami-Dade County
c/o Lourdes M. Gomez
111 NW 1st Street
Miami, FL 33128
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 4.5 nautical miles from Baker’s Haulover Inlet. The site is at the northern most part of Miami-Dade County approximately 1.1 nautical miles east/offshore of the Town of Golden Beach.
Directions to the site are as follows: The site dimensions requested for reauthorization are 666 yards (north-south) by 116.7 yards (east-west) maintaining a depth of approximately 43 feet throughout with a minimum vertical clearance of 25 feet.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.962921°
Longitude: -80.098485°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide additional shallow recreational diving and fishing opportunities.
Overall: The overall project proposes to provide additional shallow recreational diving and fishing opportunities offshore of northern Miami-Dade County through artificial reef habitat placement on barren sandy substrate.
EXISTING CONDITIONS: Based on the Miami Dade County Division of Environmental Resources Management (DERM) annual benthic surveys conducted from February 13 to February 26, 2024, the location of exposed hardbottom, emergent biota (gorgonians or sponges emerging through sand but no visible hardbottom), and sand were noted. The existing area around the proposed location is as follows:
GBAR Site, the northern third section containing the individual artificial reefs deployed from 2005 to date:
Within the central section of the GBAR Site, a large central patch reef is present and was dominated by a turf algae with sediment (44.5%) followed by bare sandy substrate (17.0%) and sponges (15.5%). A total of six scleractinian species were observed: Agaricia agaricites, Mycetophyllia aliciae, Montastraea cavernosa, Porites astreoides, Stephanocoenia intersepta, and Siderastrea siderea. Siderastrea siderea was the most abundant species. Scleractinian colony diameter ranged from 4 cm to 12 cm with an average of 6.5 cm. No threatened or endangered scleractinian species were documented. The remaining area within the GBAR Site outside of the previously deployed artificial reefs and the central patch reef is predominately barren sand.
BACKGROUND/PROJECT HISTORY: Federal permitting history for this site includes a Standard Permit issued for the artificial reef deployment on June 6, 2003 and was reauthorized to continue construction for the next ten (10) years within the previously permitted 16 acres of the Golden Beach Artificial Reef site on January 29, 2014.
PROPOSED WORK: The applicant seeks authorization to create an artificial reef by deploying 40 cubic yards of concrete and/or limerock material annually or 400 cubic yards (30,500 square feet) over the life of a 10-year permit.
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:
Based NOAA side scan surveys (2009), benthic habitat mapping (Walker 2009), and a recent (February 2024) in-water benthic resources survey by Miami-Dade County biologist, artificial reef deployments will be limited to three areas within the previously permitted Golden Beach Artificial Reef Site boundary. These three deployment areas will maintain a 100 ft from hardbottom or emergent biota (gorgonians or sponges) consistent with prior permit conditions. All artificial reefs will be constructed with clean carbonate-based material (i.e., concrete or limerock) that meet 25-yr return storm stability criteria.
Immediately prior to deployment, Miami-Dade County biologist will survey the targeted site, verify the absence of benthic resources, and set a target buoy for deployment. Reef materials will be transported to the site via tugboat and/or barge. On site, the vessel transporting the materials will be positioned directly adjacent to the previously established buoy, and held in position either by anchoring/spudding, with dynamic positioning using tugboat(s), or combination of tugs and anchors. Once a stable configuration at the target buoy is achieved, the material will be deployed via front loaders or cranes. Artificial reefs will only be deployed in seas no greater than 2-4 feet based on local NOAA marine forecast and within safe operating currents. Immediately, post deployment Miami-Dade County biologists will survey area, verify final GPS coordinates, and verify relief is within the permitted navigational clearance.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
A compensatory mitigation plan has not been submitted as unavoidable functional loss to the aquatic environment is not being proposed. All artificial reef deployments will occur on barren, sandy substrate a minimum of 100 ft from benthic resources based on the February 2024 Benthic Resource Report and in accordance with the avoidance and minimization methodology. Should any unplanned impacts occur, Miam-Dade County will contact the Army Corps Engineers and other environmental permitting agencies to develop a specific mitigation plan.
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 Queen Conch (Alger gigas) or its designated critical habitat. 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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect sea turtles (loggerhead (Caretta caretta), leatherback (Dermochelys coriacea), Kemp's ridley (Lepidochelys kempii), hawksbill (Eretmochelys imbricate), and green (Chelonia mydas); smalltooth sawfish (Pristis pectinate) or its designated critical habitat. 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.
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 approximately 0.7 acres of barren substrate suitable as reef habitat that is utilized by various life stages of Spiny Lobster, species of coral, and the Snapper Grouper. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Ocean. 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 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 Madison Pollard through the Miami Permits Section, 9900 SW 107th Ave, Suite 203, Miami, FL 33176 within 30 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, Madison Pollard, in writing at the Miami Permits Section, 9900 SW 107th Ave, Suite 203, Miami, FL 33176; by electronic mail at Madison.J.Pollard@usace.army.mil or, by telephone at (305) 878-0247.
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 (WQC) is required from the Florida Department of Environmental Protection (FDEP). The project has been issued a WQC under FDEP application no. 13-0180248-005-EI on August 24, 2016.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the 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