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: 28 Harbor Point LLC
28 Harbor Point
Key Biscayne, FL 33149
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Hurricane Harbor. The project site is located at 28 Harbor Point, Section 06, Township 55 South, Range 42 East, Key Biscayne, Miami-Dade, Florida 33149.
Directions to the site are as follows: Head west on Minorca Ave toward SW 42nd Ave/N Le Jeune Rd. Take US-1 N and FL-913 S to Crandon Blvd in Key Biscayne. Take Harbor Drive to Harbor Point. Your destination will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.688665°
Longitude -80.174905°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access.
Overall: The overall project purpose is to improve s water access at an existing single-family residence in Miami-Dade, Florida.
EXISTING CONDITIONS: The project sites are located within Hurricane Harbor, which are tidal waters assessable to fish and aquatic wildlife species as well as federally listed species such as manatees, sea turtles, smalltooth sawfish, and giant manta rays. A benthic survey was conducted on October 11, 2022, which reported paddle grass (Halophila decipiensi, <5%), shoal grass (Halodule wrightii, <5%), and turtle grass (Thalassia testudinum, <5%) located throughout the project vicinity. The survey was field verified by the Florida Department of Environmental Protection on October 17, 2022. The 2022 benthic resource survey shows that 974 square feet of seagrass will be located within the dredge footprint and 28 square feet will be directly shaded by the proposed floating vessel platform. A revised benthic resource survey was completed on April 11, 2024, which reported paddle grass (Halophila decipiensi, <5%) and turtle grass (Thalassia testudinum, <5%) located throughout the project vicinity. The 2024 benthic resource survey shows that 369 square feet of seagrass will be located within the dredge footprint and 99 square feet will be directly shaded by the proposed floating vessel platform.
PROPOSED WORK: The applicant seeks authorization to install a new 28-foot by 18-foot floating vessel platform, dredge 2,986 square feet (442 cubic yards) to -8.0’ MLW, and remove a mooring pile.
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 applicant will use turbidity curtains to minimize indirect impacts resulting from the proposed construction activities.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The 2024 benthic resource survey reflects a significant decrease in resource impacts (approximately 468 square feet total) compared to the 2022 survey. Due to the significant reduction of resources, as well as the sparse nature of the documented resources (less than 5%), the applicant is not proposing compensatory mitigation at this time.
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 threatened West Indian Manatee (Trichechus manatus) and would not adversely modify its designated critical habitat. Use of the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (the key) dated April 2013 and the May 2019 addendum, results in the following sequential determination: A-B-C-G-N-O-P, paragraph 4 “may affect, not likely to adversely affect.” The applicant will adhere to the “Manatee Construction Conditions.” The Corps has received programmatic concurrence from the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act, no further coordination is required.
The Corps has determined the proposed project may affect but is not likely to adversely affect the Giant Manta Ray (Mobula birostris), swimming green, Kemp’s Ridley, and loggerhead sea turtles, (Chelonia mydas, Lepidochelys kempii, and Caretta caretta), and the Smalltooth sawfish (Pristis pectinata). The Corps will request concurrence from National Marine Fisheries Service with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
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. Both benthic resource surveys that were submitted were conducted outside of the June 1 – September 30 window; therefore, the exact impacts to seagrass cannot yet be determined. However, it is safe to assume that the proposal would impact at least 468 square feet of submerged substrate containing seagrasses, utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Of the 2,986 square feet where structures and dredging are proposed, at least 369 square feet of direct impacts to seagrass will occur via dredging. 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, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 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, Kyle Nichols, in writing at the Miami Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at Kyle.H.Nichols@usace.army.mil;; or, by telephone at (561) 785-5644.
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.