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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Kyle.H.Nichols@usace.army.mil.
APPLICANT: Jeronimo Esteve
70 Leucadendra Drive
Coral Gables, FL 33156
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway at 70 Leucadendra Drive, Coral Gables (Section 33, Township 46 South, Range 43 East), Miami-Dade County, Florida.
Directions to the site are as follows: Head west on Minorca Avenue towards SW 42nd Avenue. Turn left onto SW 42nd Avenue. Continue straight to stay on SW 42nd Avenue. At the traffic circle, take the 2nd exit onto Old Cutler Road. Turn left onto Arvida Parkway. Turn left onto Leucadendra Drive. Turn right to stay on Leucadendra Drive. Your destination will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.691433°
Longitude -80.251698°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve navigation and water access for a private docking facility.
Overall: The overall project purpose is to improve navigation and water access for a private docking facility at 70 Leucadendra Drive, Coral Gables, Florida.
EXISTING CONDITIONS: The project area consists of a 54-foot by 5-foot wood marginal dock along the canal and a boatlift within a boat basin. The shoreline is entirely hardened by a seawall. A Department of the Army (DA) permit (SAJ-2011-03289(LP-AG)) was issued on May 15, 2012 to construct the marginal dock, install two (2) boatlifts, install a new seawall cap, and dredge 1,400 square feet (85 cubic yards) of the boat basin down to -4 feet Mean Low Water (MLW). A separate DA permit (SAJ-2011-03289(LP-MIB)) was issued on November 12, 2013 to install fender piles on the marginal dock, relocate dolphin piles, after-the-fact authorization of a boatlift, and to dredge 4,067 square feet (185 cubic yards) to -8 feet MLW to facilitate mooring along the marginal dock.
PROPOSED WORK: Removal of a boatlift, installation of a boatlift, installation of a 45.5-foot by 4.7-foot wood marginal dock extension with associated piles, and mechanically dredging 5,406 square feet (270.9 cubic yards) to -7 feet Mean Low Water (MLW). Dredged material will be disposed of at a Class I landfill.
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 dredge footprint is the minimum necessary to moor the applicant’s vessel. The proposed dredge depth of -7.0’ MLW and 6’ MLW is required by MDC-DERM to ensure 2.0’ of space between the canal bottom and the bottom of the vessel. To minimize impacts to the seagrass located under the proposed dock, ½-inch spacing will be implemented to allow light transmittance to the canal bottom.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed dredge footprint is the minimum necessary to safely mooring the applicant’s vessels. The proposed dredge depth of -7.0’ MLW and 6’ MLW is required by MDC-DERM to ensure 2.0’ of space between the canal bottom and the bottom of the vessel. There is currently seagrass present on site at depths greater than the dredge depth of -7.0’ and 6’ MLW. Additionally, most of this area has been dredged previously under SAJ-2011-03289, and based on the latest benthic survey, previously impacted seagrass has recovered successfully. For these reasons, and that there is no change in use proposed of the project site, it is anticipated that seagrass will recolonize the area post dredging and mitigation should not be required.
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 permit area being so extensively modified by previous impacts that a significant loss of archeological integrity to historic properties is presumed, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES: The Corps has determined the proposal may affect the West Indian Manatee (Trichechus manatus) and its designated critical habitat. The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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 1,034 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 1,034 square feet where structures and dredging are proposed, at least 934 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 activity 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, 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, Palm Beach Gardens, Florida 33410; by electronic mail at Kyle.H.Nichols@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)507-0319.
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.
WATER QUALITY CERTIFICATION: The proposed activity does not include the discharge of pollutants; therefore, Water Quality Certification is not required.
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.
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