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: Yachting Promotions Inc
c/o Andrew Doole
1650 SE 17th St
Fort Lauderdale, FL 33316
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay. The project site is located at 838 MacArthur Causeway, Miami, FL, Miami-Dade County, 33132.
Directions to the site are as follows: From Interstate 95, east on MacArthur Causeway, destination to the south.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.785866°
Longitude: –80.178628°
PROJECT PURPOSE:
Basic: The basic purpose is to provide temporary docking facilities for an annual boat show.
Overall: The overall purpose is to provide temporary docking facilities for the annual Miami International Boat Show in Miami, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The wetland system consists of a saltwater system. The property contains 51,595 square feet of existing docks. Based on the Chappell Group, Inc benthic survey conducted on August 21, 2024, the benthic community of the subject site consisted of silt and sand.
Depths within the survey area varied from 8’-25’ (feet) with depths increasing towards the center of the marina. The Island Gardens Marina site assessment area measured approximately 450 linear feet along the existing seawall between both finger piers of the marina. This site is an existing marina and has active anchoring and mooring of vessels, as well as active traffic daily. No benthic resources or wildlife were observed.
In order to document the potential impacts of the Miami International Boat Show, three (3) seagrass surveys will be conducted. Within one month prior to the installation of temporary structures, a pre-show survey will be conducted and within one month after the breakdown of the show, a post-show survey will be conducted. The third survey, the summer seagrass survey, is required to be conducted during the growing season between the 1st of June and the 30th of September each year.
PROPOSED WORK: The applicant seeks authorization to install 11,464 square feet of floating docks with ten (10) steel beam pilings and access ramps to accommodate ninety-four (94) temporary slips (refer to table below).
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Number
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Type/Size of Temporary Structure
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Total Square feet
|
|
Twenty-eight (28)
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10-foot by 40-foot (400 square feet) floating dock
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11,200
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Three (3)
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4-foot by 22-foot (88 square feet) dock ramp
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264
|
| |
OVERALL PROPOSED TOTAL
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11,464
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Ten (10)
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W12x48 Steel "I" Beam (piling)
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-
|
|
Thirty (30)
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Fire Extinguisher
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-
|
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Ninety-four (94)
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Exhibitor Boat
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-
|
Structures are in the water, from commencement of dock installation to completion of dock removal, for approximately thirty (30) days. No sea trials of vessels will occur during the duration of the show. The current application is a request to issue a 5-year permit for the annual Miami International Boat Show from February 2025 through February 2030. Upon completion of the boat show each year, all temporary docking facilities are removed from the Biscayne Bay.
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 proposed ancillary exhibit to the Miami International Boat Show located at the Island Garden Yacht Club is located entirely within an existing marina. The proposed temporary floating docks will not extend any further waterward than the existing docks and slips.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed project is located entirely within an existing marina. Thus, no adverse impacts are anticipated, and no compensatory mitigation should be required.
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 U.S. Army Corps of Engineers (Corps) has determined the project may affect but is not likely to adversely affect (“MANLAA”) the West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps has concurrence with this determination pursuant to the March 31, 2008, letter from the U.S. Fish and Wildlife Service (FWS) regarding special marine related events authorization. The applicant has agreed to incorporate all the required protection measures outlined in the above reference letter.
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.
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 11,464 square feet of habitat 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 Biscayne Bay Aquatic Preserve. 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is >100 feet away from the near bottom edge of the Intracoastal Waterway federal 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, 9900 SW 107th Ave, Suite #203, Miami, FL 33176 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 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.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.