TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received applications for Department of the Army permits 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:
APPLICANTS:
Miss Shell
Attn: Arlette Roach
P.O. Box 1306
Tavernier, FL 33070
Village of Islamorada
C/o Seth Lawless
86800 Overseas Highway
Islamorada, Florida 33036
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at two vacant lots off Old Highway legally described as Block 2 PT LOTS 1 & 2 AND PT TRACT A TROPICAL ATLANTIC SHORES PB4-97 PLANTATION KEY, in Section 4, Township 63 South, Range 38 East, Plantation Key, Monroe County, FL (RE# 00435990-000000 and 00436000-000000).
Directions to the site are as follows: Take US-1 South to MM 90.4 (intersection). Make a left turn onto Bessie Road. Immediately take a right turn and head south onto Old Highway. The project site will be on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.272045°
Longitude -81.006077°
PROJECT #1 PURPOSE:
Basic: The basic project purpose is to provide boating access.
Overall: The overall purpose is to provide boating access in Plantation Key, Monroe County, Florida.
PROJECT #2 PURPOSE:
Basic: To restore water quality.
Overall: To restore water quality in Plantation Key, Monroe County, Florida.
EXISTING CONDITIONS: The properties contain a disturbed canal-front parcel which is bordered to the north by Bessie Road, the east by a residence and a man-made canal, the south by a similarly disturbed lot used for commercial fishing, and the west by Old Highway. Scattered on this site includes commercial fishing traps, pallets, boats, boat and utility trailers. A billboard is toward the north end.
Australian pine and Brazilian pepper of varying sizes is common. Regarding native vegetation, green buttonwood is dominant. Medium-sized Jamaica caper is scattered. A fence separates this property and the parcel to the south. Vegetation is denser along this fence line with few native species. The canal shoreline is solidly vegetated with mature red, black, and white mangroves as well as few scattered green buttonwood.
PROPOSED WORK: The applicants seek authorization to complete the following work:
Project 1: The applicant seeks authorization to create 3 boat slips, install a 368 ft concrete dock, 8 mooring piles, a 69 linear foot concrete seawall, cut out/dredge to -6 ft in depth (1,021 surface area)(223 cubic yards) and 43 cubic feet of backfill between the MHWL and new seawall and to install temporary floating turbidity barriers around all work areas that are in-over U.S. navigable waters.
Project 2: The applicant seeks authorization to install a gravity injection well within the upland area with a connection to the surrounding canal water through a culvert, a check valve and a wedge wire intake screen will be installed at the mouth the intake culvert, and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. The maximum daily injection rate will be approximately 4.1 MGD to improve water quality by promoting circulation and reducing the presence of organic sediments.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicants have 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 applicants have 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 (“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 > P5 “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 will request concurrence with the U.S. Fish and Wildlife Service.
The project is located within American crocodile (Crocodylus acutus) the designated critical habitat area. According to the 28 October 2014 American Crocodile Key, the property does not support suitable nesting habitat for the crocodile as the shoreline is hardened. Use of the Key resulted in the sequence #2 may affect, not likely to adversely affect. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its suitable nesting 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), 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 Acropora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, and Mycetophyllia ferox). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The real estate parcel numbers 00435990-000000 and 00436000-000000 are on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the Eastern Indigo Snake.
The subject parcels are listed on the 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 1 August 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 > B > C > D (1), “may affect but is not likely to adversely affect”. Therefore, pursuant to the Snake Key, no further consultation with the FWS is required.
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 a total of 368 square feet of wetland shoreline and dredge 223 cubic yards of submerged bottom utilized by various life stages of marine species. 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 Southwest 107th Avenue, Suite 203, Miami, Florida 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 Southwest 107th Avenue, Suite 203, Miami, Florida 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.