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I I I I I I I I I I I I I I I I I I I designated as critical habitat for Johnson's seagrass, a biological opinion (a year-long process) is not anticipated if any Johnson's seagrass found in the project area is avoided. The NOAA Fisheries Habitat Conservation Division in West Palm Beach will be involved in the evaluation of Essential Fish Habitat (EFH). If any seagrass is found during the seagrass survey, all efforts should be made to avoid direct impacts to seagrass patches as well as to any mangroves. Seagrasses and mangroves are both considered as EFH. If seagrasses are observed, any decking associated with the boardwalk would have to be elevated to a minimum of 5' above Mean High Water. If significant amounts of seagrasses are found, or if any Johnson's seagrass is present in the footprint of the walkway, fiberglass grating may be required (along with a demonstration that the walkway has to be located in the waterway). Navigational issues typically associated with bridge projects involve at a minimum coordination with the USCG. Preliminary coordination with the Coast Guard has resulted in a letter indicating that a USCG permit will not be required for this project since there is minimal navigational use of the waterway at this location and that boats utilizing the area tend to be small and can easily navigate beneath the proposed bridge. The EPA office in West Palm Beach will be involved in the evaluation of consistency with the 404(b)(1) wetland guidelines and water quality issues. Due to the small nature of the project, it is anticipated that the EPA involvement will be minimal. The State permitting process involves coordination with the Florida Fish & Wildlife Conservation Commission (FWCC) for state listed threatened/endangered species, the Department of Community Affairs (DCA) for a determination of consistency with local comprehensive plans and coastal zone consistency, and the Department of State for identification of any listed historical/archeological sites. Based on our analysis, the proposed project site is not located within the Biscayne Bay Aquatic Preserve and would therefore not be within an area designated as Outstanding Florida Waters (OFW). The key environmental permitting issues associated with the proposed project for the Corps, FDEP and DERM include avoidance and minimization of impacts to any submerged aquatic resources, mitigation to offset unavoidable resource impacts, secondary impact analysis (shading and associated construction activities), and identification of threatened/endangered species. It is presumed that a stormwater management plan is being prepared so that stormwater runoff is adequately treated and that any discharge from the treatment system will meet state water quality standards. Coordination with the FWCC office in Vero Beach will be similar to the coordination with the USFWS and will primarily involve an analysis of impacts to the manatee. Incorporation of the Standard Manatee Construction conditions should also satisfy the FWCC requirements. Avoidance of direct impacts to seagrasses and elevation of all proposed structures should minimize impacts to submerged aquatic resources. If it is determined that mitigation is required for shading, a contribution to the Biscayne Bay Environmental Enhancement Trust Fund could be offered. If any impacts to the mangrove community along the canal bank are unavoidable for the construction of the boardwalk, a Mitigation Assessment Methodology (UMAM) will be conducted to quantify any wetland impacts. On-site mitigation opportunities can be evaluated to off-set these impacts (e.g. removal of any nuisance/exotic species within the mangrove areas and planting of additional mangroves along the shoreline. From a timeframe perspective, the most lengthy permitting process is associated with the Corps Dredge & Fill Permit. Because of current workloads and the various coordination procedures, it is anticipated that the federal permitting process could take up to a year. The SFWMD and DERM process is not expected to take as long, and can hopefully be accomplished in 6 to 9 months. Page 5 of 7