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) as described below:
APPLICANT: Sea Air Holdings LLC
C/o Michael Lawrence
18710 SW 107th Avenue
Miami, Florida 33157
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project is located within a canal system between 14th Street and 15th Circle in Section 05, Township 66 South, Range 33 East, Key Colony Beach, Florida. (RE#00079872-012700)
Directions to the site are as follows: Take US Highway No 1 South to MM53; Turn left onto Sadowski Causeway; Turn right onto W Ocean Drive; Turn right onto 12th Street; Turn left onto Coury Drive; Merge onto 14th Street or 15th Circle; Project is located within the canal system between 14th Street and 15th Circle.
APPROXIMATE CENTRAL COORDINATES: Latitude: 24.723405°
Longitude: -81.028898°
PROJECT PURPOSE:
Basic: Maintenance dredge to restore historic water depths in waters of the United States.
Overall: Maintenance dredge to restore historic water depths in waters of the United States in Key Colony, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The project is located within a developed residential subdivision adjacent to a canal tributary to the Atlantic Ocean. The subject canal system does have areas that support mangroves along the perimeter of the canal system. Mangroves have encroached within the proposed dredge footprint at the mouth of the canal and terminus of the canal system. Dense seagrass resources are located within the shoal area waterward of the canal mouth and dredge footprint. No corals or hardbottom are located within the dredge footprint.
PROPOSED WORK: The applicant seeks authorization to maintenance dredge two areas referenced as Site A (mouth of canal) and Site B (terminus of canal). Site A will dredge 20 feet wide with a 2:1 slope on both sides with a max width of 40 feet and a length of 360 feet (14,400 square feet/1,999.63 cubic yards) to minus 5 feet mean low water and will require 3,640 square feet of mangrove removal and 3,170 square feet of seagrass resources. Site B will dredge 15 feet wide with a 2:1 slope on both sides with a max width of 35 feet and a length of 190 feet (6,650 square feet/878.77 cubic yards) to minus 5 feet mean low water and will require 6,650 square feet of mangrove removal. A temporary floating turbidity barriers will be installed around all work areas that are in/over navigable waters of the United States. Material will be dredged utilizing a clam shell bucket on an excavator mounted to a floating barge. Staging area for the dredged material will be limited to the upland portion of the property located on lot 10 at 15th Circle adjacent to the canal. Dredged material will be unloaded directly into dump truck with lined bed and disposed of at an approved location at the Marathon Golf Course.
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, mitigation will be required. The applicant has indicated that the mitigation proposal will be based on the Keys Restoration Fund (KRF). Time lag and risk will be a required component of any mitigation requirement.
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 U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect (“MANLAA”) the West Indian manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > N > O > P4 “may affect, but is not likely to adversely affect.” This determination partially was based on the implementation of the Standard Manatee Conditions for In-Water Work. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the manatee dated April 2013.
The Corps has determined the proposed project may affect, but is not likely to adversely affect (“MANLAA”) the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata) and Acropora sp. critical habitat. The Corps has reached a no effect determination on Acropora sp. and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). The Corps has received concurrence with the National Marine Fisheries Service with this determination pursuant to Section 7 of the Endangered Species Act.
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 21,050 square feet of submerged bottom with 10,290 square feet consisting of mangroves and 3,170 square feet consisting of seagrass 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 not 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, Maria Bezanilla, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida 33176, by electronic mail at Maria.I.Bezanilla@usace.army.mil, by telephone at (305) 779-6057.
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 determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. 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.