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Operation and Maintenance Dredging and Dredged Material Placement for Miami Harbor Navigation Project in Miami-Dade County, Florida

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Operation and Maintenance Dredging and Dredged Material Placement for Miami Harbor Navigation Project in Miami-Dade County, Florida JULY 2019 DRAFT ENVIRONMENTAL ASSESSMENT OPERATION AND MAINTENANCE DREDGING AND DREDGED MATERIAL PLACEMENT FOR MIAMI HARBOR NAVIGATION PROJECT IN MIAMI-DADE COUNTY, FLORIDA Army Corps of Engineers JACKSONVILLE DISTRICT Army Corps of Engineers JACKSONVILLE DISTRICT PROPOSED FINDING OF NO SIGNIFICANT IMPACT ENVIRONMENTAL ASSESSMENT FOR OPERATION AND MAINTENANCE DREDGING AND DREDGED MATERIAL PLACEMENT FOR MIAMI HARBOR NAVIGATION PROJECT IN MIAMI-DADE COUNTY, FLORIDA The U.S. Army Corps of Engineers, Jacksonville District (Corps) has prepared an environmental assessment (EA) in accordance with the National Environmental Policy Act of 1969, as amended (NEPA), dated July 2019, for the operation and maintenance (O&M) dredging and dredged material placement for the Miami Harbor Navigation Project inner harbor cuts in Miami-Dade County, Florida. The first appropriation for Miami Harbor is found in the River and Harbor Act of March 3, 1899, which authorized a board of engineers to examine routes from Miami to the sea. The report of the board was submitted April 6, 1900, and was printed in House Document No. 662 in the 1st session of the 56th Congress. The first project for improvement of Miami Harbor was authorized by Congress in the River and Harbor Act of June 13, 1902, and was based on the report of the board of engineers. Additional improvements have been authorized and constructed over the subsequent years. Construction of most recent improvements was authorized by Section 1001 (17) of the Water Resources Development Act of 2007, Public Law 110-114, and constructed in 2013 to 2015. The Corps surveyed existing conditions and considered the current maintenance needs, if any. Based on survey results, the Corps concluded that only the inner harbor warrants maintenance dredging at this time, so maintenance of the inner channel is the Preferred Alternative. The following maintenance event is expected to include the inner harbor channel cuts, and associated NEPA documentation is expected to take into account new available information relevant to impacts associated with dredging the outer channel including recent sediment tracer analyses conducted in the area. Because the current maintenance event only addresses the inner channel cuts, the scope avoids dredging within 1,000 feet of the outer channel benthic habitat, minimizing potential adverse effects to corals and hardbottom habitats to the maximum extent practicable while the Corps continues to review the new information. i The Preferred Alternative consists of the required O&M dredging of approximately 100,000 cubic yards of shoaled material from within the inner harbor cuts to maintain authorized dimensions. Dredged material will be placed in the Miami Ocean Dredged Material Disposal Site (ODMDS). Routine maintenance dredging of the federal navigation project may occur on both a periodic (historically every ten years) cycle or on an as-needed basis for the emergency removal of shoals. This 2019 EA provides evaluation and analysis for the next O&M dredge event in the Miami Harbor Federal Navigation Project’s inner harbor cuts. Details on the final recommendation are contained in the EA and are incorporated herein by reference. The Corps incorporated all practicable means to avoid and minimize adverse environmental effects into the recommended plan. The Corps will implement the environmental commitments as detailed in the EA to minimize effects. Pursuant to Section 7 of the Endangered Species Act of 1973, as amended, (ESA) the Corps coordinated with the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) for the O&M dredging and the placement of dredged material into the existing Miami ODMDS. For potential effects from inner harbor maintenance dredging to federally listed threatened and endangered species under the NMFS jurisdiction, the project adheres to the existing NMFS’ South Atlantic Regional Biological Opinion dated August 25, 1995, as amended (SARBO), which is currently under reinitiation of consultation. In a letter dated October 25, 2007, NMFS instructed that the Corps “…is not required to suspend dredging or relocation trawling operations pending the conclusion of the reinitiated consultation... [so] long as the [Corps] follows the reasonable and prudent measures, and implementing terms and conditions outlined in the SARBO, and continues to ensure that its actions will not jeopardize the continued existence of any listed species or result in the destruction or adverse modification of designated critical habitat, the protective coverage of the biological opinion and the Endangered Species Act (ESA) will not lapse.” Additionally, the project also adheres to the draft Project Design Criteria (PDCs) under the new draft SARBO, which is currently being developed and proposed for finalization in 2019. The new SARBO will cover previously listed species, as well as newly listed species, and will include maintenance dredging using multiple dredge types. The project will comply with all terms and conditions of the new SARBO, once finalized, and will not be constructed until the completion of the new SARBO. For potential effects to federally listed threatened and endangered species under the USFWS jurisdiction, the Corps initiated consultation with the USFWS in July 2019. The Corps requested concurrence from the USFWS on the Corps’ “may affect, but not likely to adversely affect” (MANLAA) determinations. Consultation with USFWS is ongoing through review of the draft EA. The USFWS’ final determination will be noted in the signed Finding of No Significant Impact (FONSI) following review of the draft EA. Pertinent correspondence is included in Appendix A. The Corps has concluded that, pursuant to Section 404 of the Clean Water Act of 1972, as amended, (CWA), this project does not include discharges into the waters of the United States as defined by the CWA because the Miami ODMDS being used lies outside of the territorial sea. Therefore, a CWA Section 404(b)(1) Guidelines Evaluation ii is not required. Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 regulates placement of dredged material into the ODMDS. Concurrence that the dredge material is eligible for placement in the Miami ODMDS will be obtained from the U.S. Environmental Protection Agency prior to the start of construction. Because CWA Section 404(b)(1) does not apply, a CWA Section 401 water quality certification (WQC) is not required. Pursuant to the Coastal Zone Management Act (CZMA) the Corps has determined that the project is consistent to the maximum extent practicable with the enforceable policies of Florida’s approved Coastal Zone Management Program. The project scope avoids dredging within 1,000 feet of the outer channel benthic habitats because dredging of the outer channel is not warranted at this time. An exemption verification request was submitted to the State of Florida for this maintenance dredge cycle. This project’s exempted activities are deemed to be consistent with the State of Florida’s Coastal Management Program under the CZMA, as verified by the State of Florida in written correspondence. The project will be conducted in a manner that meets state water quality standards per Chapter 62-302, State of Florida, Florida Department of Environmental Protection. If project activities in future dredge cycles require a CWA Section 401 WQC and/or CZMA coordination, the Corps will submit a permit application and/or Federal Consistency Determination to the State of Florida for review. Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended, the project’s Essential Fish Habitat (EFH) Assessment is integrated in this EA consistent with the 1999 guidance provided by the NMFS Southeast Regional Office to the Corps regarding coordination of EFH consultation requirements with NEPA. The Corps sent the EFH consultation letter, along with the draft NEPA document, to NMFS in July 2019. Consultation with NMFS is ongoing through review of the draft EA and final findings will be noted in the FONSI and EA. Pursuant to Section 106 of the National Historic Preservation Action, as amended, the Corps has determined that O&M dredging of the inner harbor cuts of the Miami Harbor Navigation Project and its associated dredged material placement into the Miami ODMDS poses no effect to historic properties eligible or potentially eligible for listing in the National Register of Historic places. This determination has been coordinated with the Florida State Historic Preservation Officer SHPO and appropriate federally- recognized tribes. The Corps released the draft EA, proposed FONSI, and associated appendices for a 30-day public and agency review. A copy of the comments received, as well as a summary matrix of the comments and Corps’ responses, will be included in the final EA’s Appendix B. The Corps considered all applicable laws, executive orders, and regulations in the evaluation of the alternatives. Based on this EA, previous reports, the reviews by other federal, state and local agencies, Tribes, input of the public, and the review by my staff, it is my determination that the Preferred Alternative would not significantly affect the iii human environment; therefore, preparation of an Environmental Impact Statement is not required. ___________________________ ___________________________________ Date Andrew D. Kelly, Jr. Colonel, Corps of Engineers District Commander iv TABLE OF CONTENTS 1 PROJECT PURPOSE AND NEED .........................................................................
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