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: Equity Lifestyle
Attn: Donald Butler II
Two North Riverside Plaza, Suite 800
Chicago, IL 60606
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Black Creek at 24775 SW 87th Ave, Homestead (Section 22, Township 66 South, Range 40 East), Miami-Dade County, Florida.
Directions to the site are as follows: From 1-275 S, take exit toward 1-75. Take exit toward Florida's Turnpike/Homestead/Key West. Merge onto Ronald Reagan Tpke. Take exit 9B for FL-989 N/SW 112th Ave. Take SW 2488th St to destination on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.53759986°
Longitude -80.32690348°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve water access for an existing marina.
Overall: The basic project purpose is to improve water access for an existing marina at 24775 SW 87th Ave, Homestead, Florida.
EXISTING CONDITIONS: The project area consists of a 1560 square feet floating dock with a 104 square feet fixed platform, two (2) 144 square feet concrete docks, and a 192 square feet fixed dock along the waterway that is utilized by the upland facility. The shoreline is entirely hardened by a seawall. A Department of the Army (DA) permit (SAJ-2020-02019(NW-MLC)) was issued on May 21, 2020 to repair 300 linear feet of the opposite shoreline.
PROPOSED WORK: The applicant seeks authorization to Reconfigure an existing dry storage facility from 237 slips (227 dry slips and 10 wet slips) to 238 slips (227 dry slips and 11 wet slips) by conducting the following activities:
- Removal of a 48-foot by 4-foot section of the existing marginal dock;
- Installation of a 48-foot by 6-foot section of a floating marginal dock;
- Installation of a 52-foot by 6-foot floating finger pier;
- Removal of the existing fender piles and replacement with 12 wood fender piles.
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:
Turbidity curtains will be used and maintained throughout the project.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant has not yet submitted a benthic resource survey to the Corps; however, the Florida Department of Environmental Protection (FDEP) has already authorized the proposed work (13-082330-005-EI). The authorization states that submerged resources are not located within the project boundaries.
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 nature, scope, and magnitude of the proposed undertaking, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties. Pursuant to CFR 36 Part 325, Appendix C, (3)(b), this project qualifies for (iii), which states “Certain types of work or structures that are of such limited nature and scope that there is little likelihood of impinging on a historic property even if such property were to be present within the permit area” since the proposed activities result in minor ground disturbance in tidally submerged areas; therefore, there is no potential to cause effect.
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. The proposal would impact, through shading, approximately 0.014 acres of unvegetated substrate within estuarine waters, which are utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex associated with mud, shell, sand and rock substrate and water column EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Black Creek. 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, 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: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project has been reviewed under FDEP application no. 13-082330-005-EI.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. 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.
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