To provide efficiency in the processing of Department of the Army permits, the Jacksonville District, U.S. Army Corps of Engineers (Corps) is proposing reissuance and updates to Programmatic General Permit (PGP) SAJ-42 (Minor Activities in Miami-Dade County). SAJ-42 grants general authority to Miami-Dade County Department of Regulatory and Economic Resources, Division of Environmental Resources Management (DERM) to issue federal authorization for certain minor activities 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).These minor activities include permit actions associated with shoreline stabilization, maintenance dredging, minor structures, piers/docks and appurtenances, and scientific survey devices located in navigable waters of the United States in Miami-Dade County.
The current PGP will expire on September 30, 2024. The proposed reissuance includes updates to the permit terms and conditions. The draft SAJ-42 is included as an attachment to this public notice.
Minor activities that would be covered under SAJ-42 include the following:
1. Shoreline stabilization activities, including the installation of new and replacement vertical seawalls, seawall footers, riprap and living shorelines.
2. Maintenance dredging of existing areas such as canals, channels, basins, berths, marinas, boat slips, and areas around intake and discharge structures.
3. Minor structures, including:
a. Single mooring pilings.
b. Small mooring dolphins (not to exceed a cluster of four).
c. Non-commercial information signage.
d. Boat lifts, hoists, davits, floating vessel platforms, etc.
e. Other minor structures that would have less environmental impact than a
small dock.
4. Single-family residential dock facilities (designed to accommodate no more than four motorized vessels)
5. Multi-family residential dock facilities, government dock facilities and commercial dock facilities (designed to accommodate no more than five motorized vessels )
6. Installation, repair, and removal of scientific survey devices, including associated equipment and anchors
BACKGROUND:
SAJ-42 was originally issued April 29, 2013 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) to provide general authority to DERM to issue federal authorization on behalf of the Corps for shoreline stabilization, maintenance dredging in upland-cut artificial residential canals, subaqueous utility and transmission lines, stormwater outfalls, minor structures, piers/docks and appurtenances, and private single-family floating vessel platforms located in waters of the United States, excluding Federally maintained navigation channels and flood control projects in Miami-Dade County, Florida. The current SAJ-42 was issued September 30, 2019 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) to provide general authority to DERM to issue federal authorization on behalf of the Corps for shoreline stabilization, maintenance dredging, minor structures, piers/docks and appurtenances, floating vessel platforms, and scientific measuring devices located in waters of the United States, excluding federal projects and federal land interests in Miami-Dade County. The most recent version of SAJ-42 has been utilized approximately 400 times as of the date of this Public Notice.
The term “Programmatic General Permit” means a Department of the Army authorization that is issued on a regional (District) basis for a category of activities when: those activities are substantially similar in nature and cause only minimal individual and cumulative impacts. PGPs reduce the burden of the regulatory program on the public and ensure timely issuance of permits while effectively administering the laws and regulations which establish and govern the program. The purpose of a PGP is to reduce the duplication of permitting effort between the Corps and another agency. PGPs are reviewed every five years. After five years PGPs may be re-issued, suspended or revoked. An assessment of the cumulative impacts of work authorized under the PGP is performed at that time if it is in the public interest to do so. The implementation of the SAJ-42 PGP will eliminate the need for separate approval from the Corps for minor work located in navigable waters in Miami-Dade County, when that work is authorized by DERM.
AVOIDANCE AND MINIMIZATION INFORMATION: The SAJ-42 would authorize activities that are minor and commonplace. The proposed terms and conditions require activities proposed for authorization to be minimal in nature and avoid aquatic resources to the maximum extent practicable.
COMPENSATORY MITIGATION: The SAJ-42 would not authorize activities which would result in adverse impacts to wetlands or any other special aquatic sites. Due to the minor nature of impacts, no compensatory mitigation will be required for the proposed activities.
CULTURAL RESOURCES: The Corps has determined that the reissuance of the PGP SAJ-42 has “no effect” on historic properties. Each activity proposed for authorization under the SAJ-42 will be evaluated for compliance with Section 106 of the National Historic Preservation Act (NHPA) and the guidelines of 33 CFR Part 325, Appendix C.
For each activity proposed for authorization under the PGP SAJ-42, an individual evaluation of the activity’s potential effects to historic properties and Tribal resources will be conducted in accordance with Section 106 of the NHPA and Tribal Trust responsibilities.
No activity shall be authorized under this PGP which is likely to adversely affect historic properties listed on, or eligible for listing on the National Register of Historic Places.
If the proposed activity requires consultation under the NHPA, the proposed activity cannot be authorized under this PGP until consultation with the State Historic Preservation Office and other appropriate consulting parties is initiated and concludes with a determination that the activity has little likelihood to affect a historic property.
ENDANGERED SPECIES: The Corps has determined that the reissuance of the PGP SAJ-42 has “no effect” on listed species or designated critical habitat. Each activity proposed for authorization under the SAJ-42 will be evaluated for compliance with the Endangered Species Act.
For species and critical habitat within the U.S. Fish and Wildlife Service’s purview:
For each activity proposed for authorization under the SAJ-42, DERM will conduct an individual evaluation of the activity’s potential effects to federally listed threatened or endangered species or species proposed for such designation, and designated critical habitat or proposed designated critical habitat, in accordance with Section 7 of the Endangered Species Act.
No activity shall be authorized under this PGP which is likely to adversely affect any federally listed threatened or endangered species or a species proposed for such designation, or destroy or adversely modify designated critical habitat or proposed designated critical habitat.
If the proposed activity requires consultation under the Endangered Species Act with the U.S. Fish and Wildlife Service on any federally listed species or species proposed for federal listing, or designated critical habitat or proposed designated critical habitat, the proposed activity cannot be authorized under this PGP. Available programmatic consultations and tools such as effect determination keys, Species Assessment Guides and Standard Local Operating Procedures for Endangered Species to the maximum extent.
For species and critical habitat within the National Marine Fisheries Service’s purview:
For each activity proposed for authorization under the SAJ-42, DERM will conduct an individual evaluation of the activity’s compliance with the Jacksonville District Programmatic Biological Opinion (JAXBO). Activities must comply with the JAXBO (or JAXBO Superseding Process) in order to be eligible for authorization under the SAJ-42.
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. Our initial determination is that the reissuance of the SAJ-42 and subsequent activities to be authorized under the SAJ-42 would not have a substantial adverse impact on EFH or Federally managed fisheries in the state of Florida given the proposed conditions of the SAJ-42 which limit the use of the SAJ-42 to activities which do not result in direct or indirect adverse impacts to EFH. 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 reissuance of SAJ-42 will be conditioned to ensure no authorized work will be within 100 feet from the near design edge of the Intracoastal Waterway (IWW) Jacksonville to Miami federal navigation channel or within 300 feet from the near design edge of the Port of Miami federal navigation channel or within such channels including wideners and channels and turning basins for a port or inlet within Miami-Dade County. The PGP has also been excluded from use in the Miami River federal navigation channel.
SECTION 408: The proposed reissuance of SAJ-42 will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the PGP instrument will be conditioned to ensure no authorized work under SAJ-42 will alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: The Corps will request general water quality certification from the Florida Department of Environmental Protection.
COASTAL ZONE MANAGEMENT CONSISTENCY: The Corps will request general coastal zone consistency concurrence from the Florida Department of Environmental Protection.
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.
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.
COMMENTS regarding the potential reauthorization of PGP SAJ-42 should be submitted in writing to the attention of the District Engineer through the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida 33176-2785 or via electronic mail at Virginia.E.King@usace.army.mil within 30 days from the date of this notice.
QUESTIONS concerning this application should be directed to the Project Manager, Virginia King, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida 33176-2785; or via electronic mail at Virginia.E.King@usace.army.mil