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Public Comment for proposed SW 87th Ave. Bridge in Palmetto Bay pursuant to Section 408

USACE announces public comment on proposed SW 87th Ave. Bridge over the C-100 Canal in Palmetto Bay pursuant to Section 408Location of proposed SW 87th Ave. Bridge over C-100 Canal in Palmetto Bay

Proposed project plan for the SW 87th Avenue Bridge over the C-100 Canal in Palmetto Bay

The U.S. Army Corps of Engineers (USACE) Jacksonville District announces a 30-day public comment period for the Draft Environmental Assessment (EA) and Proposed Finding of No Significant Impact (FONSI) for the proposed construction of the SW 87th Avenue Bridge over the C-100 Canal in Palmetto Bay in Miami-Dade County, Florida. The USACE, in response to a request from the South Florida Water Management District (SFWMD) on behalf of the Miami-Dade County Department of Transportation and Public Works (DTPW) is evaluating a modification to the Central and Southern Florida (C&SF) Federal Civil Works project pursuant to 33 U.S.C. 408.

Comments are due June 8, 2023.

The Miami-Dade County DTPW is proposing to construct a new free-span bridge to connect SW 87th Avenue over the C-100 Canal between SW 164th Street and SW 163rd Terrace. The proposed bridge would include a vehicle lane, bicycle lane, and pedestrian sidewalk in each direction, with a total length of 66 feet 4 inches and width of 63 feet 2 inches. Dredging would be performed to restore the canal design cross section under the bridge and articulated concrete block mat revetment would be installed to protect the canal banks. The proposed bridge would provide connectivity for motorists, cyclists, and pedestrians along SW 87th Avenue as well as create relief to adjacent major corridors such as SW 82nd Avenue, SW 77th Avenue, and Old Cutler Road.

The Draft EA and Proposed FONSI are available for review at the links below:

Miami-Dade County Department of Transportation and Public Works, Southwest 87th Avenue Bridge over the C-100 Canal - Section 408 Request - Draft EA and Proposed FONSI

Notice of Availability

Draft Environmental Assessment and Proposed FONSI

Appendix A

Please submit comments on the Draft Environmental Assessment (EA) and Proposed FONSI via email to Dr. Jessica Dell at Jessica.A.Dell@usace.army.mil (recommended subject: “Section 408 SW 87th Ave. Bridge EA Comments”) by June 8, 2023.

What is Section 408?

Section 408 is the process that allows alteration to a federally authorized project. The proposed project cannot pose a risk to the public interest and will not impair the usefulness of the federally authorized project. Examples of federally authorized projects include, but are not limited to levees, dams and the federal navigation channel.

This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, codified at 33 United States Code (USC) 408 (Section 408).

Section 408

Through the Civil Works program, the US Army Corps of Engineers (USACE) serves the public by providing the Nation with quality and responsive management of the Nation’s water resources.  As a result, USACE, in partnership with stakeholders, has constructed many Civil Works projects across the Nation’s landscape.  Given the widespread locations of these projects, many embedded within communities, over time there may be a need for others outside of USACE to alter or occupy these projects and their associated lands.  Reasons for alterations could include improvements to the projects; relocation of part of the project; or installing utilities or other non-project features.

In order to ensure that these projects continue to provide their intended benefits to the public, Congress mandated that any use or alteration of a Civil Works project by another party is subject to the approval of USACE.  This requirement was established in Section 14 of the Rivers and Harbors Act of 1899, which has since been amended several times and is codified at 33 USC 408 (Section 408).

Section 408 provides that USACE may grant permission for another party to alter a Civil Works project upon a determination that the alteration proposed will not be injurious to the public interest and will not impair the usefulness of the Civil Works project.

Additional Information on Section 408

USACE’s procedures for reviewing requests for Section 408 permission is contained in Engineer Circular (EC) 1165-2-220.  The corresponding internal guidance related to designating a lead district as referenced in EC 1165-2-220 can be found at this link.

To view a fact sheet with additional information about Section 408 and the revised policy, click here.

USACE reviewed and considered public comment on the draft EC 1165-2-220 to inform the final policy and procedural guidance.  To view the summary of comments received, click here.

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