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: Brian Van Bower
13145 SW 104th Terrace
Miami, Florida 33186
WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands adjacent to the Atlantic Ocean. The project is located on Lot 37 on Saguaro Lane adjacent to a man-made canal that flows directly into the Atlantic Ocean, legally described as Lot 37, Block 1 amended plat of Flamingo Island Estates, P.B. 5, PG. 121, Section 15, Township 66 South, Range 32 East, Boot Key, Monroe County, Florida (MM ± 50). RE#00355810-000000
Directions to the site are as follows: Take U.S. Highway 1 South to MM ± 50; Turn left at Sombrero Beach Road; Left at Copa D’Oro; Left at Copa D’Oro East; Right at Saguaro Lane; Project site located adjacent to 984 Ocotillo Lane.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 24.7014°
Longitude: -81.085°
PROJECT PURPOSE:
Basic: The basic purpose is to construct a single-family residence and provide boating access.
Overall: The overall purpose is to construct a single family residence with associated infrastructure and boating access in Marathon, Monroe County, Florida.
EXISTING CONDITIONS: The property is located within a developed subdivision in Marathon. The lot is currently undeveloped and the applicant is proposing to construct a single-family residence at the site. The subject site is located between a developed lot and an undeveloped lot on Saguaro Lane. The shoreline consisted of mainly mature red mangroves (Rhizophira mangle) and scattered white mangroves (Laguncularia racemosa), buttonwood (Conocarpus erectus) and seaside mahoe (Thespesia populnea). The proposed dock shall be pile supported therefore no mitigation will be required for impacts caused to the existing shoreline fringe. The subject lot sustains 95% vegetative coverage. The stratums were distributed as such: 30% mature, 30% shrub and 40% herbaceous. The lot species consisted of white mangrove, black mangrove (Avicennia germinans), buttonwood, sea oxeye daisy (Borrichia frutescens), glasswort (Sarcocornia perennis) and sea purslane (Sesuvium portulacastrum). Black mangroves were documented approximately 25 ft. from the street. Less than 1% of the lot consists of exotic species. The soil was comprised of mucky material and areas of stagnant water were documented during the time of the inspection. The subject lot has been rated a 5 on the ADID Wet Lot List updated 12-19-01. Mitigation for the lot will be required for the impacts related with the fill material associated with the proposed residence. Based on the 2008 benthic survey, the submerged bottom consisted mainly of silt material with algae growth and very sparse Thalassia testudinum (i.e. approximately 15 plants with 2-5 blades covering 1 sq. ft.).
PROPOSED WORK: The applicant seeks authorization to place 300 cubic yards of fill within a 7,430 square foot area for the construction of a single family residence with appurtenant structures, to construct a 540 square foot “T”- shaped dock with a 4 foot wide by 60 foot long access walkway leading to a 5 foot wide by 60 foot long terminal platform, to install a 15,000-pound capacity elevator lift, and avoid 3,175 square feet of wetland shoreline in/over U.S. navigable waters.
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: The applicant proposes to avoid 3,175 square feet of shoreline in perpetuity. 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, 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 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-N-O-P4 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) consultation area. According to the 28 October 2014 American Crocodile Key, the project will not impact suitable nesting habitat for the crocodile. The Corps has reached a may affect, not likely to adversely affect determination for the crocodile. The Corps has concurrence with this determination pursuant to the Effect Determination Key (key#2) for the crocodile dated October 2014.
The real estate parcel number is 00355810-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County, for Monroe County Eastern indigo snake. Potential impacts to the Eastern indigo snake were evaluated using the Eastern Indigo Snake Key dated 25 January 2010 and amended 13 August 2013. The Corps has programmatic concurrence with the sequential determination of A > No effect pursuant to the Key. No further consultation with the FWS is required.
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 8,122 square feet of wetlands and submerged bottom. 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 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 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at Maria.I.Bezanilla@usace.army.mil; by facsimile transmission at (305) 526-7184 or, 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.