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 404 of the Clean Water Act (33 U.S.C. §1344) and 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 Madison.J.Pollard@usace.army.mil.
APPLICANT: La Coloma LLC
c/o Guillermo Lluch
243 NW South River Drive
Miami, Fl 33128
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Miami River. The project is located adjacent to Miami River at 243 and 201 NW South River Drive, in Section 01, Township 54 South, Range 41 East, Miami-Dade County.
Directions to the site are as follows: Head south on I-95 and take exit 3B. Turn right onto NW 6th Street. Turn left on NW 7th Street, and then left onto NW 8th Street. Turn left onto NW 3rd Street, then right onto South River Drive. The destination is on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 25.776°
Longitude: -80.204°
PROJECT PURPOSE:
Basic: To improve water access by reconfiguring an existing marina from 46 to 26 slips.
Overall: To improve water access by reconfiguring an existing marina from 46 to 26 slips for an existing commercial marina within Miami-Dade County.
EXISTING CONDITIONS: The site located adjacent to two commercial land parcels and consists of an existing 46-slip marina along the south shoreline of the Miami River, approximately 300 yards northwest of the Flagler Street Bridge. The site is located
approximately 1 mile west of the mouth of the Miami River, which connects to Biscayne Bay. Each parcel has docking facilities along the Miami River. The northern parcel (243 NW S River Dr) consists of an “L” shaped dock (A Dock) under an over-water roof structure at the north end, a boat lift basin/dry slip previously dredged from the uplands in the center, and a concrete dock (B Dock) under an over-water roof structure at the southern end of the parcel. The southern parcel (201 NW S River Dr) consists of a boat lift basin previously dredged from the uplands at the northern end, a concrete dock (C Dock) in the center of the parcel and a concrete finger dock at the southern end of the property.
A resource survey has not been conducted at this site due to its location within the Miami River.
PROPOSED WORK: The applicant seeks authorization to reconfigure the existing marina with the following activities:
Concrete repairs to existing structures:
- Repair existing concrete cap on bulkhead just south of A Dock and repair existing concrete bulkhead cap just west of proposed Riverwalk Boardwalk between A Dock and B Dock (20 cubic feet).
- Repair existing concrete on B Dock and replace existing deteriorated cleats and wood fender strips (80 cubic feet).
- Jacket two (2) concrete piles at the northern and southern finger piers on B Dock.
- Repair existing concrete bulkhead, just north of C Dock, as required.
- Repair 60 cubic feet of existing concrete on C Dock and remove existing vertical timber fenders and hardware.
- Repair four (4) concrete pile heads below C Dock.
- Repair concrete dock (40 square feet) of D Dock.
- Repair/replacement of Mechanical, Electrical, and Plumbing utilities.
Dock Reconfiguration:
- Remove L-Shaped (96.5 square foot) concrete dock with timber decking, A Dock, and removal of five (5) concrete pilings.
- Construct a new 4 foot by 30-foot (120 square foot) concrete finger pier supported by eight (8) composite microsteel piles with the addition of one (1) row of cement revetment along the bulkhead at slip #26.
- Remove 286 square feet (38.9 feet along the north side and 40.9 feet along the south side) of the marginal dock overhang in the existing Dry Rack boat lift just south of A Dock
- Saw-cut and remove existing 240 square foot concrete dock along B Docks access walkway down to existing concrete pile caps.
- Repair finger piers on the northern and southern ends of B Dock.
- Demolish wooden finger pier (16 square feet) at western end of B Dock.
- Remove 153 square foot existing sheet pile pier and concrete cap in the boat lift area between B Dock and C Dock.
- Repair existing 60 cubic feet of concrete dock and finger pier on C Dock.
- Relocate a total of fifteen (15) existing timber mooring pilings: seven (7) dolphin (14 piles) from C Dock will be relocated landward and one (1) new pile will replace deteriorated pile off the end of the finger pier.
- Repair existing 40 cubic foot of concrete on D Dock.
- Backfill (boat basin area 1) with 251.3 cubic yards (713 square feet) of clean fill material and installation of a 17 linear foot bulkhead.
- Backfill (boat basin area 2) with 584.7 cubic yards (1,841 square feet) of clean fill material and installation of a 152 linear foot bulkhead.
- Install four (4) timber fender piles and one (1) mooring pile, in addition to relocating fourteen (14) mooring piles, on C Dock.
- Construct 48.7 linear feet by 6 feet wide, 32.2 linear-feet by 12-feet wide, and 32 linear feet by 6 feet wide (826 square feet) of wood River Boardwalk with thirty-four (34) steel pilings.
- New dredging by removing approximately 542.3 cubic yards (18,688 square feet) of material to -5.00 MLW.
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 marina is being reconfigured from 46-slips to 26-slips, significantly reducing the extent of overwater structures.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
No impacts to resources are anticipated due to the project's location, as the Miami River is known for its poor water quality (highly polluted with bacteria, heavy metals, excess nutrients, and turbidity), which limits the presence of sensitive marine resources. Additionally, the Florida Fish and Wildlife Conservation Commission seagrass maps available through the Florida Department of Environmental Protections MapDirect portal do not show seagrass within the Project area, refer to Figure 1. An in-season survey will be conducted in 2025, and the results, including any potential impacts to resources, will be provided once the survey is completed.
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 West Indian Manatee and its designated critical habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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. 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 activities are located in the vicinity of a federal navigation channel.
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 within 30 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments through the Miami Permits Section at 9900 SW 107th Ave #203, Miami, FL 33176.
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 #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.
WATER QUALITY CERTIFICATION: WQC is required from the Florida Department of Environmental Protection (FDEP).
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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