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: MDC Department of Regulatory & Economic Resources
111 Mw 1st Street, 11th Floor
Miami FL 33128
WATERWAY AND LOCATION: The project would affect waters of the United States associated within Goulds Canal, adjacent to Biscayne Bay. The project site is located at South of SW 248th St/Coconut Palm Dr, Miami-Dade County, Miami FL 33032.
Directions to the site are as follows: From Florida’s Turnpike South, take exit 9B to SW 248th ST/Coconut Palm Dr. Turn right onto SW 248th St and the project site will be on the right, just before SW 87th St.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.53742°
Longitude: -80.33281°
PROJECT PURPOSE:
Basic: The basic project purpose is to fill a canal to mitigation pollution.
Overall: The overall project purpose is to provide increased levee protection, reduce surface pollution runoff, and fill a canal and restoring mangrove wetlands within Southern Miami Dade County.
EXISTING CONDITIONS: The site consists of approximately 0.5624 acres open water associated with the Goulds Canal.
PROPOSED WORK: The applicant seeks authorization to restores historic wetlands through canal fill and mangrove restoration by conducting the following:
• Removal of approximately 3,000 cubic yards of contaminated sediment within the project footprint, disposed of in an approved upland facility;
• Placement of material within the terminus of Goulds Canal to a target elevation of +0.02 feet North American Vertical Datum (NAVD 88) using;
Approximately 3,264 cubic yards of limerock base
Approximately 1,685 cubic yards of 50% sand and 50% muck fill within the top 2 feet
• Placement of a limerock revetment at a 1:2.5 slope along eastern terminus of fill; and
• Placement of approximately 1,100 mangroves (Rhizophora mangle and/or Avicenia germanins) seedlings on top of the placed fill material to complete restoration.
Turbidity barriers will be deployed during all phases of the construction.
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 project area is characterized by minimal or non-existent resources due to years of severe degradation and contamination. The sediment of this portion of the canal is unvegetated and heavily polluted, and there are no benthic resources present in this reach of the canal. There is no submerged aquatic vegetation (SAV) in the project area; only polluted sediments and potentially buried solid waste, which will be removed during the de-mucking process prior to filling.
Given the extent of pollution and the degraded state of the aquatic habitat, no mitigation is anticipated to offset the minimal impacts. Instead, the successful completion of the project will enhance the area, prevent further leaching of contaminants, and stop future misuse. The mangrove restoration associated with this environmental restoration project will offer a significantly greater net benefit compared to the minimal impacts incurred.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No substantial impact to the aquatic environment that will require compensatory mitigation within the project footprint area was observed. No adverse impacts are anticipated as a result of the proposed mangrove restoration project which is to enhance a section of the canal that is currently devoid of habitat value; to provide increased protection to the L-31-East levee by creating an additional buffer to storm surge and higher tidal stages due to sea level rise; and to reduce the surface water connection that transports polluted groundwater to Biscayne Bay from the South Dade Landfill. No mitigation is anticipated to offset the possible minimal impacts to the aquatic environment because the mangrove restoration resulting from the construction of this environmental restoration project will provide greater net benefit than the possible minimal impacts.
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 >D> G > N > O > P > “MANLAA.” This determination is partially based on the applicant following standard manatee construction precautions for the proposed activity, including a dedicated manatee observer during the construction phase. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
The Corps has determined the proposed project will have “no affect” on 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), or smalltooth sawfish (Pristis pectinata) due to the lack of resources and foraging habitat in this waterway. The lack of documented cases of presence or utilization by these species in this waterway documented by NMFS supports this determination.
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 0.56 acre of waters and water bottoms within the canal utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, sea turtles and snapper/grouper complex. Our initial determination is that the proposed action would have no 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 activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, could 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 Technical Regional Execution Center, via 4400 PGA Blvd, Stuie 500, Palm Beach Gardens, FL 33410 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, 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.
Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act.
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).
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.