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I I I I I I I I I I I I I I I I I I I impacts and to minimize other impacts. Compensation (mitigation) is required for unavoidable impacts as part of the permit. Since the described project involves building a bridge and boardwalk over and adjacent to mangrove wetlands, Miami Dade County will consider the proposed project a "standard form" project rather than the smaller "short form" project. This means that a public hearing will be required and adjacent property owners will be notified. A biological assessment conducted by DERM will also be required as part of the application review process. Fish and Wildlife As prescribed under Section 7(a)(2) of the Endangered Species Act (ESA) and its implementing regulations at 50 CFR Section 402, for every activity in which a Federal action is involved, each Federal agency carrying out the action, (for the proposed project, the U.S. Army Corps of Engineers), is required to evaluate the effects (make an effect determination) of the proposed action on any Federally listed threatened or endangered species or its designated critical habitat. Under the ESA regulations and the Service's [U.S. Fish and Wildlife Service's (FWS) and National Marine Fisheries Service's (NMFS)] March 1998, Section 7 Consultation Handbook, for those projects where the Corps makes a finding of "no effect" nothing more will need to be done regarding consultation with the appropriate Service. For those where the Corps makes a finding of "may affect not likely to adversely affect," the Corps will request the appropriate Service's written concurrence with its determination under the procedures governing informal consultation, and for those where the Corps makes a finding of "may affect," the Corps will request that Service to initiate formal consultation. The ESA requires the Corps to determine for each application whether the proposed project (a boardwalk or other activity) will affect the manatee or its habitat. If the Corps determines the project will not affect the manatee, then the Corps proceeds with the review of the project for other issues, such as wetland protection and public interest, and renders a decision. If the determination is that the project may affect the manatee but is not likely to adversely affect the manatee, then the Corps asks FWS for their concurrence. If the Corps determines that the project may affect the manatee (without concluding it is not likely to adversely affect) the Corps and FWS engage in formal consultation which normally concludes with a Biological Opinion. Concurrent with permit application preparation, Berger A vart will contact the USFWS and Florida Fish and Wildlife Conservation Commission to request information relative to Threatened and Endangered Species which could potentially be impacted by the proposed project. All agencies would be invited to attend a pre-application meeting immediately following notice to proceed to determine if any species specific surveys are required. During that meeting, the exact permitting requirements for the project will be discussed as will any necessary mitigation. T:IMARKETINGIPROPOSALSIMARKETING.0710724 pedestrian bridgelDoclPedestrian Bridge and boardwalk. doc Page 7 of 8