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: Dezer Plaza, LLC
c/o Gil Dezer
18001 Collins Avenue, 31st Floor
Sunny Isles Beach, Florida 33160
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Dumbfoundling Bay. The project site is located at 211 183rd Street, Sunny Isles Beach (Section 02, Township 52 South, Range 42 East), Miami-Dade County, Florida.
Directions to the site are as follows: From Interstate 95 go east on State Road 826/NE 167th Street to A1A; go north on A1A to North Bay Road; go east on North Bay Road for approximately 0.10 of a mile and the site is on the north side of the road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.94681°
Longitude: -80.12266°
PROJECT PURPOSE:
Basic: The basic project purpose is water access for commercial development.
Overall: The overall project purpose is water access for a commercial development within eastern Miami-Dade County.
EXISTING CONDITIONS: The site consists of a vacant upland property that contain a hardened shoreline with an existing seawall and riprap. A biological survey was conducted in September 2023 that revealed the presence of sparce shoal grass (Halodule wrightii) with less than 10% coverage and mangroves growing within the existing riprap. The seagrass is located outside the footprint of the proposed structures.
PROPOSED WORK: The applicant is proposing to construct a commercial marina with 36-slips including (8) powerboat slips for vessels 100ft or less in length, (18) powerboat slips greater than 100 feet in length, and 10 sailboat slips 30 feet or less. The marina includes the following:
-A 23,364 square foot concrete dock including a kayak launch with eleven(11) associated finger piers
-A 300 square foot floating kayak dock with a 225 square foot access gangway
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 on marine resources surveys conducted by Ocean Sciences in July and September 2023, there are no seagrasses or mangroves located within or directly adjacent to the Project footprint. Therefore, no adverse impacts to coastal or marine resources impacts are anticipated from the construction and operation of the proposed project and no mitigation is proposed.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has not proposed any compensatory mitigation as they have not proposed impacts to any special aquatic site.
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 and its designated critical habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 pectinata); Nassau grouper (Epinephelus striatus) or its designated critical habitat. The Corps has determined that the project meets JAXBO therefore no further consultation with National Marine Fisheries Service is required. National Marine Fisheries Service has provided programmatic concurrence pursuant to Section 7 of the Endangered Species Act for projects that meet the criteria established in JAXBO.
The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 24,000 square feet of unconsolidated submerged bottoms utilized by various life stages of marine species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 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, Madison.J.Pollard@usace.army.mil, or by telephone at 305-878-0247 within 15 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 Madison Pollard, 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.
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.