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RMK Merrill Stevens Properties - Shiplift Replacement

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Miami-Dade County. RMK Merrill Stevens Properties, LLC. Miami, Florida. PROJECT PURPOSE: Basic: The basic project purpose is to restore the upland property to its pre-excavation condition. Overall: The overall project purpose is to restore the upland property to its pre-excavation condition in the Miami River, Miami-Dade County.

TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a request to modify a Department of the Army (DA) 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:

APPLICANT: RMK Merrill Stevens Properties, LLC c/o Ibrahim Guldiken 881 NW 13th Avenue Miami, Florida 33125

WATERWAY AND LOCATION: The project would affect waters of the United States along the Miami River at 1270 NW 11th Street in Section 35, Township 53 south, Range 41 east, City of Miami, Miami-Dade County, Florida (Folio No. 01-3135-021-0180).

Directions to the site are as follows: From I-95, take exit 3A onto 836 west. Take the NW 12th Avenue exit onto NW 12th Avenue. Continue on NW 12th Avenue. The site is located on the south side of the road.

APPROXIMATE CENTRAL COORDINATES: Latitude 25.78366º Longitude -80.21575º

PROJECT PURPOSE: Basic: The basic project purpose is to restore the upland property to its pre-excavation condition. Overall: The overall project purpose is to restore the upland property to its pre-excavation condition in the Miami River, Miami-Dade County.

EXISTING CONDITIONS: The site is located within a developed subdivision adjacent to the Miami River, City of Miami, Miami-Dade County, Florida. The upland property supports on-site boatyard operations. The project area is currently undergoing construction; however, the applicant is seeking authorization to modify some components of the DA permit issued on May 26, 2017.

PROPOSED WORK: The applicant seeks authorization for the following work: Removal of the marine railway. Reduce the length of new metal sheet pile seawall from 672.4 linear feet to 556.9 linear feet along the west, south and east sides of the property. A tie-rod system and a 2.5 foot wide concrete cap will be installed for additional support. The replacement sheetpile seawall sections will be installed 1.5 feet waterward from the location of the old seawall. Installation of 113.3 linear feet of new metal sheet pile coffer dam at the mouth of the new ship-lift area. All areas landward of the permitted and new seawalls will be filled to an elevation ranging between 6.5 and 9 feet NGVD with 21,880 cubic yards of fill material. The original permit authorized a fill area of 84,345 square feet and the modified work will increase the fill area by 12,455 square feet for a total area of 96,800 square feet of fill. The newly created upland area is 21,870 square feet. Installation of an 8.35-foot upland return wall on the north side of the northwest basin fill area. Installation of 22 cleats and 19 timber fender boards on bulkhead cap. In addition, metal and wood piles quantities have been updated as follows: a. Forty-four 24-inch metal fender piles b. Two 42-inch steel protective dolphin piles c. Two 36-inch steel mooring piles

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:

“Driving of a sheetpile as the first phase of construction at the mouth of the artificial boat basin will prevent turbidity associated with filling of the boat basin. In addition, a double turbidity curtain will remain in place until the work is completed and erodible materials have stabilized.”

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

“It is assumed that the silty surficial substrate of the existing covered boat basin is barren of benthic resources, similar to other upland cut boat basins in the area of the Miami River. 26,415 square feet of submerged lands habitat is being created through excavation of existing upland area. Therefore, compensatory mitigation is not proposed.”

CULTURAL RESOURCES: The National Register-eligible Merrill Stevens Dry Dock Company Complex is located within the project area and is proposed to be demolished as part of the proposed scope of work. During the original review or this application, it was determined that the project would have an adverse effect to the National Register-eligible Merrill Stevens Dry Dock Company complex. However, it was determined that the work would be in compliance with the National Historic Preservation Act provided that the project complies with the appropriate mitigation measures incorporated by reference in the DA authorization. For this mortification request, the Corps has determined the permit area has been extensively modified by construction activities associated with the permitted work. However, by copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The project area could be utilized by the following species (to include designated critical habitat if applicable): West Indian manatee (Trichechus manatus), Florida Bonneted Bat (Eumops floridanus), American Crocodile (Crocodylus acutus), Piping Plover (Charadrius melodus), Wood Stork (Mycteria americana), Everglades Snail Kite (Rostrhamus sociabilis plumbeus), Green Sea Turtles (Chelonia mydas), Loggerhead Sea Turtles (Caretta caretta), Hawksbill Sea Turtles (Eretmochelys imbricata), Kemp’s Ridley Sea Turtles (Lepidochelys kempii), Leatherback Sea Turtles (Dermochelys coriacea), and Smalltooth Sawfish (Pristis pectinata).

West Indian Manatee: The Corps completed an evaluation of the impacts the work may have on the West Indian Manatee as part of the original authorization for this facility. At the time, based on coordination with the applicant and the U.S. Fish and Wildlife Service, the Corps determined the project “may affect, not likely to adversely affect” the manatee. The proposed modification does not represent a major deviation from the original proposal; therefore, the Corps has determined that the modification work “may affect, not likely to adversely affect” the manatee provided that slips or vessel traffic in the area is not increased and all Standard Manatee Conditions for In-Water Work, 2011 are implemented during all construction activities. Florida Bonneted Bat (FBB): The upland areas no longer contain structures that could be used as roosting sites for the FBB; therefore, the Corps made a “no effect” determination for the species. American Crocodile: Although the site is within the American Crocodile Consultation Area, there is not suitable habitat for the species. Therefore, the Corps has made a “no effect” determination” for the species. Piping Plover: The proposed project falls within the consultation area for the Piping Plover. However, the site does not contain suitable habitat for the species and the Corps has made a “no effect” determination for the species. Wood Stork: Potential impacts to the Wood stork were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the wood stork in Florida, May 18, 2010 (Key). Use of the Key resulted in the sequence A > B “NLAA”. However, since the project does not support suitable foraging habitat for the Wood Stork, the Corps has made a “no effect” determination for the species. Everglades Snail Kite: The proposed project falls within the consultation areas for the Everglades Snail Kite. However, the proposed work will have no impacts on native wetland vegetation that may be used by the apple snail (Pomacea paludosa) which is the main prey species for the Everglades Snail Kite. Therefore, the Corps has made a “no effect” determination for the species. Sea Turtles and Smalltooth Sawfish: The above-mentioned species have not been documented in the area of the proposed work. Therefore, the Corps has determined that the project will have "no effect" on Sea Turtles and Smalltooth Sawfish. Nassau Grouper: The juvenile grouper lives in dense mature seagrass beds and the mature fish live in deep water near coral reefs. There project site does not support submerged aquatic vegetation or corals. Therefore, the Corps has determined a “no effect” for the Nassau Grouper. The Corps has determined the proposal will not affect any threatened or endangered species or designated critical habitat other that the one listed above.

ESSENTIAL FISH HABITAT (EFH): This notice initiates re-consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The original work included impacts to 0.54 acres square feet of submerged bottom utilized by various life stages of marine species. The modified scope of work will not impact additional submerged bottom. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Miami River. 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.

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. AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Miami Permits Section, 9900 Southwest 107the Avenue, Suite 203, Miami, Florida 33176 within 21 days from the date of this notice.

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, Nicole Fresard, in writing at the Miami Permits Section, 9900 Southwest, Suite 203, Miami, Florida 33176; by electronic mail at Nicole.D.Fresard@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305)779-6053.

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. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

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.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the 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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