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:  PortMiami

                       c/o Becky Hope

                     1015 North America Way, 2^nd Floor

                      Miami, FL 33132

WATERWAY AND LOCATION:  The project would affect waters associated with Biscayne Bay. The project site is located at 1015 North America Way, in Section 54S Township 42E, Miami-Dade County, Miami, Florida, 33132 (Parcel ID: 01-4205-000-0010).

Directions to the site are as follows: Head north on Biscayne Boulevard and turn right onto Port Boulevard. Take a slight right onto Caribbean Way. Make a sharp right to stay on Caribbean Way. Turn right on to N American Way, the destination is on the left.

APPROXIMATE CENTRAL COORDINATES:   Latitude  25.778532°

                                                                      Longitude -80.178708°

PROJECT PURPOSE:

Basic:  Dredging of existing berths to remove sediment accumulation to maintain the use of Port Miami

Overall:  To restore the depth of existing berths to pre-existing conditions to safely accommodate the draft and maneuverability of ships at an active port within Biscayne Bay, in Miami, Florida.

EXISTING CONDITIONS:  The project contains an active port situated in the middle of Biscayne Bay at the entrance to Government Cut. Government Cut creates a large inlet to Biscayne Bay that is important for flushing and tidal currents. All existing berths proposed for dredging are actively utilized at PortMiami. These berths, amongst channel dredging and widening, were developed in accordance with state and federal environmental permits and associated modifications. The existing benthic conditions of the project site are anticipated to be uniform across the six dredging locations. According to historic reports, the benthic floor of the project area consists of barren, silty sediment with occasional debris. The project area includes artificial structure for coral habitat such as seawalls and marine debris. Previously identified coral species within the project area included ivory bush coral (Oculina diffusa), hidden cup coral (Phyllangia americana), tube coral (Cladocora arbuscula), great star coral (Montastrea cavernosa), Madracis decactis, Porietes astreoides, Solenastrea bournoni, Antillogorgia sp., and Orbicella sp.

PROPOSED WORK:  The applicant seeks a 10-year authorization to perform dredging along the existing berths at the Port of Miami (PortMiami). The project would occur along the berthing facilities at six different depths based on location (see attached project location map). The proposed footprints, dredge depths, and estimated cubic yards of dredged material are summarized in Table 1 below. The total volume of sediments to be removed is up to 135,303 cubic yards. At each berthing area, dredging would extend out to a maximum width of 100 feet.

Dredging would be completed on an as-needed basis using clamshell dredges. Dredge events are anticipated as follows and as depicted in the attached drawings: Phase-3 – Summer 2033, Phase-4 – Summer 2030, Phase-5 – Summer 2032, Phase-6 – Summer 2026, Phase-7 – Summer 2025. Notification of each dredge event would be given to the appropriate agencies prior to dredging activity. Dredged material would initially be stockpiled and dried (via evaporation) within designated upland containment areas at Port Miami prior to transfer to an appropriate upland disposal site via truck. Temporarily stockpiled material would be contained with appropriate stormwater erosion controls. A sediment control plan would be submitted for approval prior to construction for any section. Water quality and quantity impacts would be avoided and minimized through the usage of Best Management Practices and turbidity controls. The primary turbidity control mechanism would be the installation and use of double turbidity curtains during all maintenance dredging activities.

Table 1 Dredge Locations and Volumes Per Area

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:

“No impacts to surface waters or wetlands are anticipated. Water quality would be protected through the use of turbidity curtains. The applicant has provided a turbidity monitoring plan. Standard manatee conditions for in-water work would be followed. Sea turtle and smalltooth sawfish construction conditions and vessel strike avoidance measures would also be followed.”

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

“Dredging is proposed to restore the depth of existing bays. No adverse environmental effects are anticipated. Turbidity curtains would be used to maintain water quality. No impacts to listed species are anticipated; therefore, no compensatory mitigation is proposed.”

CULTURAL RESOURCES: 

The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the extensive permit history at PortMiami, which includes past dredging events, and the permit area having been so extensively modified that little likelihood exists for the proposed project to impinge upon a historic property even if present within the affected area, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.

ENDANGERED SPECIES: 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee or its designated critical habitat.  The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

Smalltooth Sawfish/Swimming Sea Turtles/Nassau Grouper: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” green sea turtles

(Chelonia mydas) and their proposed critical habitat, loggerhead sea turtles (Caretta caretta) and their critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata) and Nassau grouper (Epinephelus striatus).The Corps will request National Marine Fisheries Service’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

Federally Listed Corals: The Corps has determined the project will have “No effect” on

elkhorn and staghorn corals (Acropora palmata, Acropora cervicornis) and their

designated critical habitat. However, the proposed project “may affect but is not likely to

adversely affect” the 5 listed coral species found in Dade-County: pillar coral

(Dendrogyra cylindrus), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), boulder star coral (Orbicella franksi), and rough cactus coral

(Mycetophyllia ferox). The Corps will request National Marine Fisheries Service’s

concurrence pursuant to Section 7 of the Endangered Species Act by separate letter.

This notice serves as request for information from the U.S. Fish and Wildlife Service,

the National Marine Fisheries Service’s Protected Resource Division, and any other

interested party, on whether any species listed or proposed for listing may be present in

the area.

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.  [INCLUDE IF APPROPRIATE] The proposal would impact approximately 135,303 cubic yards (52 acres) of unconsolidated bottoms utilized by various life stages of coastal migratory pelagic species, snapper-grouper complex, penaeid shrimp, spiny lobster, various shark species, sailfish, skipjack tuna, and coral and worm reefs.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the 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; however, it is located within Miami Harbor deep draft navigation channel. Therefore, the project is subject to review by Corps Navigation.

SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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 SAD Technical Regional Execution Center on behalf of the Miami Permits Section, 701 San Marco Blvd, Jacksonville, Florida, 32207 within 21 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, Ashley Gonzalez, in writing at the SAD Technical Regional Execution Center on behalf of the Miami Permits Section, 701 San Marco Blvd, Jacksonville, Florida, 32207; by electronic mail at Ashley.M.Gonzalez@usace.army.mil; or, by telephone at (904) 613-6217. 

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.