SAJ-2014-00164(SP-MJP)

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). The purpose of this public notice is to solicit comments from the public regarding the work 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: Josiel Ferrer-Diaz

                      Miami-Dade Dept. of Transportation and Public Works

                      701 NW First Court, 17th Floor

                      Miami, FL 33136

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Biscayne Bay.  The project site is located at 4299 Rickenbacker Causeway; at latitude 25.740792° and longitude –80.171435°; in Key Biscayne, Miami-Dade County, Florida.

EXISTING CONDITIONS: The project area is located along the south shoreline of Hobe Island and Virginia Key adjacent to Rickenbacker Causeway in Miami-Dade County. The area consists of a natural 9,271 linear foot (1.75 miles) sandy shoreline adjacent to Biscayne Bay with no shoreline hardening materials. The existing shoreline has experienced heavy erosion, thereby reducing the beach width and potentially undermining roadways and parking.

The Corps Regulatory Division has previously authorized beach nourishment on the north side of Hobe Island. On August 16, 2018, the Corps authorized the following: Stabilization of 3,991 linear feet of shoreline through installation of 5 attached, 4 T-head, and 3 straight groins, as well as a combination of Type I and Type II revetments. The project also included stormwater improvements, 3 new outfalls and rehabilitation of 2 existing outfalls. A total of 1,769 cubic yards of beach fill from the Ortona Sand Mine was placed in association with the project. The total area of work below MHW was 0.88 acre. A modification for the above activities was issued on May 8, 2020, and included a change to the approved sand source.

PROJECT PURPOSE:

Basic:  The basic project purpose is shoreline restoration and stabilization.

Overall:  The overall project purpose is restoration and stabilization of the shoreline along the south side of the Rickenbacker Causeway.

PROPOSED WORK:  The applicant requests authorization for the following activities:

Installation of 3,115 linear feet of new sheet pile bulkhead above the mean high-water line (MHWL).

Placement of 1,800 cubic yards of rock revetment (consisting of oolite blocks over marine mattress bedding and 2’ to 3’ diameter armour stone) above the MHWL.

Placement of 9.27 acres (9,271 cubic yards) of compatible beach quality sand (Garcia Sand Mine) along 9,400 linear feet (1.78 miles) of shoreline along the south shoreline on Hobe Island and Virginia Key. Approximately 7.63 acres (8,987 cubic yards) of material will be placed above the high tide line (HTL), and 0.91 acres (757 cubic yards) of material will be placed between the HTL and the MHWL. Beach compatible sand will be transported via dump truck to the project area from the upland area adjacent to Rickenbacker Causeway. The material will be loaded ad transported using a variety of heavy equipment including articulated trucks, crawler bulldozers, excavators, skid steers, and support equipment.

Planting of coastal native vegetation composed of coastal-adapted canopy trees and palms and ground cover to protect the sand dunes above the HTL.

All proposed activities and fill are limited to elevation +2.00 NGVD, zero work or fill will occur below the MHWL. Staging and storage areas will be on the uplands, away from the beach, on existing parking areas.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

Impacts on marine resources are not anticipated with this Project. All the construction is all done through the upland above the Mean High-Water Line (MHWL).

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:

This project does not present an impact on the aquatic environment.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Southeast Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The proposed activities occur above the Mean High-Water Line and inland from Biscayne Bay along the Rickenbacker Causeway. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the South Florida Water Management District.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until July 25, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Madison Pollard at Madison.J.Pollard@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Madison Pollard, 9900 SW 107th Ave, #203, Miami, FL 33176.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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