SAJ-1995-01717(SP-KHN)

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). 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 Kyle.H.Nichols@usace.army.mil.

APPLICANT: Joe Cornely

                      Miami-Dade County Parks, Recreation and Open Space Department

                      275 NW 2nd Street

                      4th Floor, Suite 404

                      Miami, Florida 33128

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Biscayne Bay.  The project site is located at 4000 Crandon Boulevard; at latitude 25.7259° and longitude -80.157081°; in Key Biscayne, Miami-Dade County, Florida.

EXISTING CONDITIONS: The project area consists of a 118 wetslip public marina and boat ramp. 0.49 miles of the shoreline is hardened by seawall and boat ramps, with the remaining 0.27 miles along the west end of the property hardened by riprap or unarmored. A Department of the Army (DA) permit (SAJ-1995-01717(NW-MD)) was issued on March 4, 1997, to repair the previously existing 118 wetslip marina and seawall. A DA permit (SAJ-2009-02335(NW-NDF)) was issued on September 7, 2018 to dredge a 1,720 square foot area (removal of 272 cubic yards of accumulated sediment) to achieve a maximum depth of -5.0 feet mean low water within Slip #2.

A benthic resource survey was conducted on September 11-14, 2023, which reported four native species of seagrass (T. testudinum, H. wrightii, H. decipiens, and S. filiforme) in the survey area, as well as a nonnative species of seagrass (H. stipulacea). Patches of seagrass had varying coverage, ranging from sparse (<5%) to dense (75-100%). Black Mangroves (Avicennia germinans), white mangroves (Laguncularia racemosa), and red mangroves (Rhizophora mangle) were observed within the survey area. Siderastrea radians colonies, ranging from <5 to 30 cm, were observed predominantly growing on the bulkhead wet face and riprap, with the exception of four colonies which were found on pile debris and one colony which was found on a conch shell. The dominant substrate throughout most of the survey area was sand with occasional shell, with rock rubble and silty sand throughout the main channel.

PROJECT PURPOSE:

Basic:  The basic project purpose is to improve navigation and shoreline stabilization for a public marina and boat ramp.

Overall:   The basic project purpose is to improve navigation and shoreline stabilization for a public marina and boat ramp at 4000 Crandon Boulevard, Key Biscayne, Florida.

PROPOSED WORK:  The applicant requests authorization to improve navigation and shoreline stabilization for a public marina and boat ramp by conducting the following activities:

Dredging of a 66,634 square foot portion of the marina basin to an elevation of -8 ft MLW (-10 NAVD; 3,895 cubic yards);

Dredging of a 3,415 square foot portion of Slip #2 to an elevation of -5 ft MLW (-7 NAVD; 465 cubic yards);

Installation of a 103 linear feet of seawall no further waterward of the Mean High Water Line (MHWL) measured from the wetface to the MHWL;

Installation of a 32 linear feet groin perpendicular to the shoreline;

Installation of a 50 linear feet groin perpendicular to the shoreline.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The applicant has stated that the dredge footprint has been designed to avoid seagrasses to the greatest extent practicable. Breakwaters will be constructed of sheet piles in order to minimize their footprint. The location of the west breakwater was chosen due to it containing less dense seagrasses. The seawall location is proposed to be landward of the nearby seagrasses. No impacts to corals are proposed. Corals were not observed within the dredge footprint or proposed seawall segments. A 10-foot minimum setback between the dredge template and the seawall is proposed. Additionally, a turbidity curtain will be placed between the seawall and the dredge template to prevent secondary impacts to corals.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to purchase saltwater credits from the Florida Power & Light (FPL) Everglades Mitigation Bank to offset unavoidable impacts to seagrass.

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.

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 Region 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 and National Marine Fisheries 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.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 0.045 acres of submerged substrate containing seagrasses and 1.572 acres of barren sandy bottom, utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Of these direct seagrass impacts, 1,447 square feet of native seagrass will be dredged, 407 square feet of nonnative seagrass will be dredged, and 118 square feet of native seagrass are within the footprint of the proposed groins. The remainder of the project will directly impact 8,195 square feet of barren substrate. The applicant proposes to trim a combined 402 square feet of red, white, and black mangroves for the placement of the seawall; however, no mangrove removal is proposed, and the mangroves are located landward of the MHWL. Information provided by the applicant indicates that there will be no impacts to corals that were identified in the submitted benthic resource survey due to their absence from the proposed structures or dredge footprint, the use of turbidity curtains, and the 10-foot minimum setback from the dredge template and the seawall. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

Table 2: Species potentially utilizing onsite EFH.

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 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 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.

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 September 11, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Kyle Nichols at Kyle.H.Nichols@USACE.Army.Mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Kyle Nichols, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410.  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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