US Army Corps of Engineers
Jacksonville District

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SAJ-2018-02023(SP-AMK)

Published May 17, 2019
Expiration date: 6/7/2019

TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) and Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

 

APPLICANT:      Daisy HF LLC

                           c/o Linda Springer
                           131 Pelican Lane

                           Hollywood, FL 33019

 

WATERWAY AND LOCATION: The project site is a vacant residential lot and would affect waters of the United States associated with a manmade canal, tributary to the Atlantic Ocean.  The proposed project is located at vacant lot 62 on Indies Drive; legally described as LT 62 BK 2 BREEZESWEPT BEACH ESTATES RAMROD KEY PB4-143 in Section 32, Township 66 South, Range 29 East, Ramrod Key, Monroe County, Florida 33042 (RE# 00201540-000000).

 

Directions to the site are as follows: Take U.S. 1 South to MM27± Oceanside; turn left onto Indies Drive; project site is vacant Lot 62 on Indies Drive (after 743 Indies Drive), Ramrod Key.

 

APPROXIMATE CENTRAL COORDINATES:         

Latitude: 24.651298

Longitude: -81.407087

 

PROJECT PURPOSE:

Basic: The basic purpose is to construct a single-family residence with associated infrastructure and to provide water access.

Overall: The overall purpose is to construct a single-family residence with associated infrastructure and to provide water access at a property on Ramrod Key, Monroe County, Florida.

 

EXISTING CONDITIONS: The property is located within a mostly developed subdivision of Ramrod Key.  The property is situated between two developed lots, a paved road, and a canal that flows into the Atlantic Ocean.  A site inspection was conducted by the Corps on April 17, 2019.  The subject parcel is an undeveloped lot with a disturbed salt marsh wetland system transitioning into a thick red mangrove shoreline.  The western portion of the lot adjacent to the road is partially un-vegetated, transitioning into sparse herbaceous vegetation such as salt-grass (Distichlis spicata), Bay-Cedar (Suriana maritima), samphire (Blutaparon portulacoides), and seadaisy (Borrichia frutescens), with visible algal matting.  The vegetation on the eastern portion of the lot adjacent to the canal consists mainly of red mangroves (Rhizophora mangle) and buttonwood (Conocarpus erectus).  No seagrasses or corals were observed within the assessment area.  The project is located within the Florida Keys National Marine Sanctuary boundary.

 

PROPOSED WORK: The applicant seeks authorization to place 225± cubic yards of fill within a 4,080± square foot area for a single family residence and appurtenances; to maintenance dredge 30± cubic yards (525± square feet); to construct a new 12-foot wide by 60-foot long pile-supported marginal concrete dock (720± square feet); to place 25± cubic yards (360± square feet) of 2 to 3-foot wide limerock boulders underneath the proposed dock; to install one 20,000 pound elevator boatlift and one 5,000 pound elevator boatlift; and to temporarily deploy turbidity curtains for the duration of all in-water activities, in/over waters of the United States.

 

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: Silt fences and turbidity screens will be deployed to isolate the construction site from ambient waters.

 

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If it is determined that the issuance of a DA permit is appropriate, compensatory mitigation would be satisfied via a contribution to the Keys Restoration Fund, if applicable.

 

CULTURAL RESOURCES:  The Corps is not aware of any known historic properties within the permit area.  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 Corps has determined the project may affect, but is not likely to adversely affect (“MANLAA”) the West Indian manatee (Trichechus manatus).  The project site is not within the species’ designated critical habitat.  Potential and indirect impacts to the endangered West Indian manatee were evaluated using the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (key).  Use of the key resulted in the following sequential determination: A > B > C > G > H > I > N > O > P (4), “may affect, not likely to adversely affect (NLAA)” for the West Indian manatee, where no further consultation with the Service is necessary.  This determination is partially based on the implementation of the Standard Manatee Conditions for In-Water Work, 2011.

 

The project is not located within an American crocodile (Crocodylus acutus) critical habitat.  By letter dated 28 October 2014, the FWS issued programmatic concurrence for projects in the Keys south of the intersection of U.S. Highway 1 and State Road 905 in Key Largo.  The letter states that projects located in this range are unlikely to adversely affect the American crocodile if it meets one or more of the listed criteria.  By using the programmatic letter by paragraph 2, considering that the proposed project is adjacent or contiguous to waters accessible to the crocodile but does not contain suitable habitat for nesting accessible to the crocodile, the Corps’ initial determination is the project may affect but is not likely to adversely affect the American crocodile and its critical habitat.  Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service is required.

 

The subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the 500 meter focus area buffer for the Lower Keys marsh rabbit (Sylvilagus palustris hefneri).  Potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs), dated 29 July 2013.  Use of the SAGs resulted in the following sequential determination: A > F (2), “may affect, not likely to adversely affect (NLAA)” the marsh rabbit.  This determination is partially based on the proposal being for a new residence, as well as the applicant being provided the cat brochure.  The Corps received programmatic concurrence from the FWS for projects that have a “NLAA” determination; therefore, no incidental take will occur and no further consultation with the FWS is required.

 

The subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the 500 meter focus area buffer for the silver rice rat (Oryzomys palustris natator).  Potential impacts to the aforementioned species and its critical habitat were evaluated using the respective FWS Species Assessment Guides (SAGs), dated 29 July 2013.  Use of the SAGs resulted in the following sequential determination: A > E > (2), “may affect, not likely to adversely affect (NLAA)” the rice rat.  This determination is partially based on the proposal being for a new residence, as well as the applicant being provided the cat brochure.  Although the subject parcel is not located within the designated critical habitat, use of the SAGs resulted in the following sequential determination: A > B > C > D (1), “NLAA” the rice rat’s critical habitat.  This determination is based on the applicant proposing removal or modification of the rice rat’s native habitat, the property not containing or being adjacent to contiguous tracts of the rice rat’s native habitat greater than 1 acre in size, the applicant proposing either on-site of off-site habitat compensation commensurate with the amount of native habitat lost, the permit being conditioned with habitat compensation, and the applicant being provided with the cat brochure.  The Corps received programmatic concurrence from the FWS for projects that have a “NLAA” determination; therefore, no incidental take will occur and no further consultation with the FWS is required.

 

The Google Earth Resource at Risk (RAR) report for the subject parcel includes the Key deer (Odocoileus virginianus clavium).  Potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated 29 July 2013.  Use of the SAGs resulted in the following sequential determination: A > B > C > E > F > G > H > I (1), “may affect, not likely to adversely affect (NLAA)” the deer.  This determination is based on the proposed action removing native habitat, the property not being greater than 1 acre in size or being adjacent to contiguous native habitat greater than one acre in size, the applicant proposing either on-site or off-site habitat compensation commensurate with the amount of native habitat lost, and the proposed action not including fencing.  Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service is required.

 

The Google Earth Resource at Risk (RAR) report for the subject parcel includes the piping plover (Charadrius melodus) and the roseate tern (Sterna dougallii) consultation areas.  According to the Multi species recovery plan the aforementioned species do not breed in Florida, but may winter in Florida.  The PCEs for the species are found in geographically dynamic coastal areas that support intertidal beaches and flats (between annual low tide and annual high tide), and associated dune systems and flats above annual high tide.  The project site is not within optimal habitat for these species as the project is located within a canal system.  Based on information available a no effect determination has been reached on these species and its native habitat.

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and its designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), and the smalltooth sawfish (Pristis pectinata) species.  A no effect determination was reached on smalltooth sawfish designated critical habitat, Acropora spp. (Acropora cervicornis and Acropora palmata) and its designated critical habitat, and listed coral species: pillar coral (Dendrogyra cylindrus), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), boulder star coral (Orbicella franksi), and rough cactus coral (Mycetophyllia ferox).  The Corps has requested National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act via separate consultation.

 

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.  The proposal would impact approximately 1,200± square feet of submerged bottom and wetlands utilized by various life stages of marine life.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Florida Keys.  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 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 SW 107th 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, Allyse Keel, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at allyse.m.keel@usace.army.mil; by facsimile transmission at (305) 526-7184; or, by telephone at (305) 526-7183. 

 

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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.