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<br />. Very productive and active fish nursery teaming with shrimp, crabs, oysters, and numerous fish, including I
<br />snook, striped mullet, barracuda, and others. Most significant among possible nursery fish these mangroves,
<br />since they are associated with the southern Atlantic Ocean, are juvenile smalltooth sawfish, a federally listed
<br />endangered species, for which mangroves are considered Essential Fish Habitat (EFH) under the Manguson- I
<br />Stevenson Fishery Conservation and Management Act (MSA), the United States' primary marine fisheries law.
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<br />Seagrasses are also present along the south shoreline occurring in patchy, sparse to moderate densities only, and just
<br />along the south shorcline of canal, both by the bridge and boardwalk locations (based on preliminary tield survey):
<br />. Johnson's seagrass, near mangroves only, a rare marine plant listed as "Threatened" by the National Marine
<br />Fisheries Scrvice (NMFS, aka NOAA Fisheries) under the Endangered Species Act (ESA) in 1998.
<br />. Manatee grass, near mangroves only.
<br />. Shoal grass near both seawall/bridge location and at mangrove/boardwalk alignment.
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<br />An existing canal water body which is:
<br />. Associated with Intracoastal Waterway (ICWW), north of I3iscayne Bay but outside its Aquatic
<br />Preserve/Outstanding Florida Waters boundaries.
<br />. Non-navigable per coordination with U.S. Coast Guard (pcrsonnel communication, Darayl Thompson, USCG
<br />Bridge Section, April 24, 2007).
<br />. Privately owned (Cavalry Corp), but a records search for "State-Sovcreign Submerged Lands" status will be
<br />critical for permitting purposes.
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<br />To permit the project the following environmental consequenccs and impacts must be addressed:
<br />Mangroves: Permits will be necessary, and some permits escalated to full "Individual Permit" e1assification, if wetlands
<br />such as mangroves are impacted. The NOAA Fisheries Service considers the mangroves EFH for the Small tooth
<br />sawfish and would rcquire at least "informal consultation under the ESA", requiring 35 days minimum, (pcrsonnel
<br />communication, Audra Livergood, NOAA Fisheries, April 23, 2007). Avoidance, minimization, and, lastly, mitigation
<br />requiremcnts would need to be complied with in coordination, possibly even "formal consultation", with NOAA
<br />Fisherics, the U.S. Army Corps of Engineers (USACOE), and Miami-Dade County Department of Environmental
<br />Resources Managcment (DERM). Mangrove issues already discussed with the agencies inelude the following:
<br />. Trimming at east end of canal for the boardwalk entrance and to allow views through mangroves (not "topping"
<br />mangroves, a "window trim" treatment/methodology approved by the State of Florida).
<br />. Trimming/removal at south bridge approach. ~
<br />. Maintenance pruning along boardwalk and possibly at bridge approach.
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<br />List of Pcrmits Rcquired: lli.:
<br />. USACE Individual Permit, with required approval "biological opinions" from U.S. Fish and Wildlife Service
<br />(USFWS) for manatees and wetlands, NOAA Fisheries for sea turt\cs (5 species possible in south Florida area),
<br />Johnson's seagrass, and mangroves as habitat of the Smalltooth sawfish. Project construction plans package
<br />must include construction special provisions for protection of manatees, sea turt\cs, and Johnson's scagrass.
<br />Time frame undeterminable per recent USACOE staff communication (early coordination already begun to
<br />facilitate timely permit issuance). Public notice by the USACOE is required when permit applied for.
<br />. SFWMD Environmental Resource Permit (ERP), Individual Permit, the Governing Board approves based
<br />on staff recommendations. Per recent SFWMD staff communication the public safety project need is essential to
<br />permit issuance of the bridge. Standard General Permit instead of Individual Pcrmit may also be possible
<br />since less than I acre total construction area is proposed over wetlands or "other surface waters" of canal,
<br />provided the City avoids or greatly minimizes wetland impacts. (Florida Freshwater Fish and Game
<br />Commission (FWC) opinion, including construction special provisions for protection of manatees and sea
<br />turtles ).
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<br />Seagrasses: Like mangroves above, permits required if these wetlands rcceive:
<br />. Direct impacts by boardwalk piles or bridge pi\cs (if more than one span).
<br />. Incidental direct impacts by construction activities (i.e. contractor barge).
<br />. Indirect impacts from shading under boardwalk and/or bridge.
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