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: City of Miami
c/o Daniel Rotenberg
444 SW 2nd Ave, 3rd floor
Miami, FL 33130
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Biscayne Bay. The project site is located at 3501 Rickenbacker Causeway, in Section 17, Range 42E, Township 54S, Miami-Dade County, Miami, Florida 33149 (Folio 01-4217-00-0030).
Directions to the site are as follows: Take I-95 to Exit 1A (Rickenbacker Causeway), continue two miles past the toll plaza, the project is on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.477123°
Longitude -80.171028°
PROJECT PURPOSE:
Basic: To modify an existing permit to reflect changes required for construction of an existing boat ramp.
Overall: To modify an existing permit to reflect changes required for construction of an existing boat ramp at Miami Marine Stadium.
EXISTING CONDITIONS: The project site is an existing marina with a recently constructed boat ramp.
The federal permitting history includes a Standard Permit that was issued on Jul 03, 2019 that included the following activities: 1) demolish the existing 2,139 sq. ft. boat ramp; 2) install an 8,600 sq. ft (86' x 100') boat ramp with 95 cubic yards of clean rip rap around the base of the ramp and move the boat ramp location 30 feet east of the old boat ramp; and 3) construct two finger piers associated with the boat ramp, each one is 366.2 Sq. ft (73.25' x 5) concrete fixed pier attached to a 384 Sq. ft. (48' x 8') floating platform by a gangway plank.
130.63 square feet of unauthorized impacts were caused by the installation of the cofferdam, in addition to the previously identified 1,400 sq feet of seagrass impacts from the plan submittal to USACE on July 3, 2019. This totals to 1,700.63 sq feet of seagrass impacts. Mitigation credits were not purchased with the original permit, but since then the City purchased .03 of saltwater mitigation credits at the FP&L mitigation bank for the total amount of seagrass impacts which includes the installation of the cofferdam (at 1,700.63 sq feet of impacts) in January 2025.
PROPOSED WORK: The applicant seeks modification to the above referenced Standard Permit issued on July 03, 2019, for the following activities:
- New dredging by removing approximately 399 cubic yards of material from within a 3,588.3 square foot area to a depth of -8.26 MLW (-10 NGVD).
- Install # 57 stone (85 cubic yards), 4-6-inch Bedding Stone (85 cubic yards) and 1’-2’(foot) Rip Rap (127 cubic yards) to fill dredged area.
- Install 80 cubic yards (1,660 square feet) of limestone riprap boulders at base of the seawall that will not exceed 4 feet waterward.
- After-the-fact installation of a cofferdam to perform dewatering activities for the construction of the concrete boat ramp.
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:
Based on the benthic survey and the alternatives analysis, the project has supported efforts to minimize impacts to the aquatic environment as much as possible.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The city (Miami) will purchase .027 saltwater mitigation credits at the FP&L mitigation bank for the unavoidable impacts to seagrasses from the project.
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 initially 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 will request National Marine Fisheries Service concurrence 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 approximately 1,700.63 square feet (1,400 sq. ft. previously permitted and 130.63 unauthorized impacts) of seagrass habitat utilized by various life stages of coastal migratory pelagic species and snapper-grouper complex. 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: 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 within 15 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.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Florida Department of Environmental Protection (FDEP).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the Florida Department of Environmental Protection (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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