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 404 of the Clean Water Act (33 U.S.C. §1344) and to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Wilhelmus Van Der Vlugt
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 11175 State Road 905 legally described as ISLAND OF KEY LARGO PT GOV LOT 2, in Section 10, Township 60 South, Range 40 East, Key Largo, Monroe County, FL (RE# 00082540-000000).
Directions to the site are as follows: From US-1, take SR 905. Project Address: 11175 SR 905, Key Largo, Monroe County, FL.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.171450°
Longitude -80.374220°
PROJECT PURPOSE:
Basic: The basic project purpose is for shoreline stabilization and boating access.
Overall: The overall project purpose is for shoreline stabilization and boating access in Key Largo, Monroe County, FL.
EXISTING CONDITIONS: The subject property contains a single-family residence, boat basin, marginal dock, riprap fringe and dredged channel with a jetty and walkway (former long dock) that extends into the Atlantic Ocean. Onsite vegetation is minimal, with landscaped palms and some Australian pine.
PROPOSED WORK: The applicant seeks authorization to repair a dock, seawall, and boulder revetement, and install a boat lift. and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. Specifically, the applicant wants to place 85 cubic yards and backfill 200 cubic yards for a seawall and discharge 150 cubic yards for shoreline stabilization.
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: Prior to the start of construction, turbidity curtains will be deployed to isolate the construction site from ambient waters. These will remain in place until all construction induced turbidity has subsided and water quality has returned to pre-construction conditions.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If mitigation is required by the Army Corps of Engineers the appropriate mitigation will be determined with a UMAM and payment made to Keys Restoration Fund.
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 the West Indian manatee (Trichechus manatus) or its designated critical habitat. Use of the Key resulted in the sequence A-B-C-G-H-I-J-L-N-O-P may affect, 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 and addendum dated May 13, 2019.
American crocodile: The project is located within American crocodile (Crocodylus acutus) consultation area. According to the 28 October 2014 American Crocodile Key, the property located does not support suitable nesting habitat for the crocodile as the shoreline is hardened. Use of the Key resulted in the sequence #2. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its suitable nesting habitat. No further consultation with the FWS is required for the American crocodile.
The real estate parcel number is 00082540-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the following species: Eastern Indigo Snake (Drymarchon corais couperi), Key Largo Wood Rat (Neotoma floridana smalli), Key Largo cotton mouse (Peromyscus gossypinus allapaticola), Schaus swallowtail butterfly (Heraclides aristodemus ponceanus), Key tree cactus (Pilosocereus robinii), and Stock Island tree snail (Orthalicus reses, not incl. nesodryas).
The subject parcel is listed on the FWS 2011 Suitable Habitat List for the Eastern Indigo snake (Drymarchon corais couperi). Since critical habitat has not been designated for the indigo snake, potential impacts to D. c. couperi were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key dated August 1, 2017 (Snake Key). Due to the permit being conditioned for use of the Service’s Standard Protection Measures for The Eastern Indigo Snake during site preparation and project construction, use of the Snake Key resulted in the following sequential determination: A….Project is located solely in open water or salt marsh, “no effect.” Therefore, pursuant to the Snake Key, no further consultation with the FWS is required.
Schaus swallowtail butterfly (Heraclides aristodemus ponceanus): The parcel is in the Schaus swallowtail butterfly (Heraclides aristodemus ponceanus) focus area; however, the applicant proposes no removal or modification of the Schaus swallowtail butterfly’s native habitat. Potential impacts to the aforementioned habitats were evaluated using the respective FWS Species Assessment Guides (SAGs); dated 29 July 2013. Use of the species Key, dated 29 July 2013, resulted in the following sequential determination: A > B > “NLAA”. Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service is required.
Piping plover (Charadrius melodus), roseate tern (Sterna dougallii), Schaus Swallowtail butterfly (Heraclides aristodemus ponceanus), Wood stork (Mycteria americana), Key Largo woodrat (Neotoma floridana smalli) and Key Largo cotton mouse (Peromyscus gossypinus allapaticola): The proposed work is located outside of native habitat for these species and is the replacement of previously existing structures. No impact to native /natural habitat is included; therefore, the Corps has determined the project will have “no effect” on the above listed species.
Key tree cactus (Pilosocereus robinii): Potential impacts to the Key tree cactus were evaluated using the Key Tree Cactus Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B (1), “may affect, but not likely to adversely affect” for the listed species. The proposed project is not removing or making modifications to the Key tree-cactus native habitat. 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.
Stock Island tree snail (Orthalicus rese, not incl. nesodryas): Potential impacts to the Stock Island tree snail (Orthalicus reses, not incl. nesodryas) were evaluated using the Stock Island Tree Snail Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B (1), “may affect, but not likely to adversely affect” for the listed species. The proposed project is not removing or making modifications to the Stock Island tree snail native habitat.
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) and their designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata), and Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on Acorpora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). The Corps will request National Marine Fisheries Service concurrence 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 1350 square feet of an existing riprap shoreline and 563 linear feet of seawall repair. 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, FL 33176 within 30 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, Megan Clouser, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at Megan.L.Clouser@usace.army.mil; or, by telephone at (305)526-7182.
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.