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 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Monroe County Board of County Commissioners
C/o Roman Gastesi, County Administrator
1100 Simonton Street
Key West, Florida 33040
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located within a residential canal referenced as Canal #84 located between Grouper Lane and Cuda Lane tributary to the Atlantic Ocean in Section 13, Township 62 South, Range 38 East, Key Largo, Monroe County, Florida.
Directions to the site are as follows: Take U.S. 1 South to MM95; Turn left onto Grouper Lane; Project located between Grouper Lane and Cuda Lane.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.045147º
Longitude -80.488118º
PROJECT PURPOSE:
Basic: Dredge and fill to improve water quality in navigable waters of the United States.
Overall: Dredge and fill in navigable waters of the United States to improve water quality in Key Largo, Florida.
EXISTING CONDITIONS: The project site consists of a saltwater system. The existing area surrounding the project consists of residential single-family development. The canal supports several feet of accumulated fine organic detritus and sea grass wrack with anoxic conditions. No sea grass or corals were documented within the project footprint. Mangrove shorelines are located near the end of the canal system; however, the mangroves will be avoided.
PROPOSED WORK: The applicant seeks authorization to hydraulically vacuum dredge 1,400 cubic yards of organic muck within a 24,784 square foot area (0.57 acre) ranging from -6 feet to -22 feet below mean low low water (MLLW), to place 4,700 cubic yards of clean sand to backfill the deep dredged pockets to reach a consistent desired 8.07 foot NAVD88 elevation within a 38,259 square foot area (0.88 acre). Turbidity curtains will be deployed in/over waters of the United States and will remain in place until the work is completed and erodible materials have stabilized. The hydraulic vacuum dredging system is mounted onto a barge then pumped by tube(s) into the Geotextile tubes for dewatering. Dewatering activity will be located within upland areas and sediments will be contained within the Geotextile tubes. Polymer solvents will be added to the dredged material within the Geotextile tubes to accelerate effective dewatering and provide reduction of dewatering effluent turbidity. The dewatering effluent will then be discharged back into the canal system. The remaining dredged sediment material in the Geotextile tubes will be disposed of in an approved upland facility.
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: by proposing all staging areas within uplands and installing turbidity screens and silt fences which will be deployed to isolate the construction site from ambient waters.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: because no resources are located within the project footprint.
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-N-O-P5 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.
In addition, the project is located within American crocodile (Crocodylus acutus) critical habitat. According to the 28 October 2014 American Crocodile Key, the canal system does not support suitable nesting habitat for the crocodile. 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), and the smalltooth sawfish (Pristis pectinata) 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 0.88 acres 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.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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/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 South 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 South 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.
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.