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: Natalia Sotolongo
15130 SW 20th Lane
Miami, FL 33185
WATERWAY AND LOCATION: The project would affect waters of the United States associated with South Sound Creek. The project site is located on an undeveloped jurisdictional wetland lot immediately adjacent to a man-made canal tributary to South Sound Creek at Lot 1 Spoonbill Lane, legally described as Block 3 Lot 1 Amended Plat of Winston Waterways PB4-144, in Section 22, Township 61 South, Range 30 East, Key Largo, Monroe County, Florida 33070. (MM±102) (RE# 00546460-000000).
Directions to the site are as follows: From Miami drive south on U.S. 1 to approximately mile marker 102; turn left onto Mahogany Drive; turn right onto Valencia Drive and turn right onto Spoonbill Lane. The project site is an undeveloped corner lot at the intersection of Valencia Drive and Spoonbill Lane.
APPROXIMATE CENTRAL COORDINATES: Latitude: 25.11914° North
Longitude: -80.40993° West
PROJECT PURPOSE:
Basic: The basic purpose is to construct a single-family residence (SFR) with associated appurtenances, to provide shoreline stabilization and boating access.
Overall: The overall purpose is to place fill material within jurisdictional wetlands for the construction of a SFR and its associated appurtenances, to construct a dock and retaining wall to provide water access and shoreline stabilization to a SFR on Key Largo, Monroe County, Florida.
EXISTING CONDITIONS: The proposed project site consists of an undeveloped jurisdictional wetland lot, approximately 6,960 ft² on size. The parcel is within a partially developed subdivision of Key Largo. The project site is bordered on the north by a 35’ wide man-made canal, on the south by a paved street (Spoonbill Lane), on the west by a developed lot with a SFR and on the east by a wetland land belt, approximately 15’ wide, concrete retaining wall running along the road, Valencia Drive. Across the street on the east side of the parcel, there are approximately 45 acres of contiguous undeveloped mangrove wetland land which is part of John Pennekamp State Park. The project site wetland system consists of a disturbed saltmarsh wetland dominated by black mangrove (Avicennia germinans) shrubs, mature red mangrove (Rhizophora mangle) trees, and Green buttonwood (Conocarpus erectus). The shoreline is dominated by red and black mangrove. The submerged bottom is silt in with no seagrass or corals observed. The lot scored a 3.09 on the Advanced Identification of Wetlands (ADID) list for the Florida Keys. Currently, adjacent development in this area is approximately 60 %.
PROPOSED WORK: The applicant seeks authorization (1) to place 300 cubic yards (yd³) of clean fill material within 5,675 square feet (ft²) of jurisdictional wetlands for the construction of a single family residence (SFR) and its associated appurtenances, including a 2’ diameter limerock boulder retaining wall along the perimeter of the shoreline and the property line to contain the proposed fill material; (2) to construct a 600 ft² marginal wood with its associated six (6) 10” diameter wood supporting piles; (3) to install a 15,000 pound elevator boat lift with four (4) 12” diameter concrete auger piles onto the proposed dock; and (5) to preserve 350 ft² of shoreline mangrove wetland areas, as depicted on the attached plans (5 pages). Temporarily turbidity curtains will be deployed and will remain in place for the duration of all in-water activities, in/over waters of the United States. Work is proposed in U.S. navigable waters in accordance with the enclosed site plans.
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 would be deployed and would remain in place until all construction induced turbidity has subsided and water clarity has returned to preconstruction conditions.
Additionally, the applicant proposes to avoid and preserve in perpetuity 350 ft² of shoreline mangrove wetland areas.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If compensatory mitigation is required, the appropriate number of mitigation credits shall be purchased from the Keys Restoration Fund (KRF). The functional assessment associated with this in-lieu-fee is the Uniform Mitigation Assessment Method (UMAM), which will be used to derive the appropriate mitigation credits.
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). Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of the Key resulted in the following sequential determination: A > B > C > G > H > I > N > 0 > P4, “MANLAA”. This determination is partially based on the implementation of the Standard Manatee Conditions for In-Water Work, 2011. By letter dated April 25, 2013, the Corps received concurrence from the U.S. Fish and Wildlife Service (FWS) regarding MANLAA determinations for the West Indian manatee in accordance with 50 CFR 402.14(b)1 and pursuant to the Key.
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 13 August 2013 (Snake Key). Use of the species Key resulted in the following sequential determination: A > B > C > D > E >G1, “NLAA” for the d listed species’ habitat(s). This determination is partially based on the applicant having agreed to adhere to the Service’s indigo snake protection measures and agreed to implement the measures and post the information sign on-site. 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.
The project site is not within the American crocodile (Crocodylus acutus) critical habitat; however, it is within the species consultation area. By letter dated October 28, 2014, the FWS issued programmatic concurrence for projects in the Keys south of the intersection of U.S. Highway 1 and State Road 905 in Key Largo. The letter states that projects located in this range are unlikely to adversely affect the American crocodile if it meets one or more of the listed criteria. By using the programmatic letter, paragraph 2, the proposed project does not contain suitable nesting habitat that is accessible to the crocodile. Therefore, given that the proposed impact area meets these criteria as set by the FWS, the Corps has made a “MANLAA” determination in regard to the American crocodile. Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service 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) and their designated critical habitat, 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 smalltooth sawfish critical habitat, Acropora 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 these determinations pursuant to Section 7 of the Endangered Species Act.
The Corps has determined that the project will have “no effect” on any other listed threatened or endangered species, and/or designated critical habitat. Pursuant to Section 7 of the Endangered Species Act, no further consultation 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 6,275 ft² of saltmarsh and emergent shoreline wetland resources utilized by various life stages of terrestrial species considered essential habitat for federally managed species and associated species as identified by the South Atlantic Fisheries Management Council, including coastal migratory pelagics, coral, shrimp, snapper-grouper complex and spiny lobster. 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 (i.e. on or before February 8, 2017).
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, Nicholas Lucore at the letterhead address, by electronic mail at Nicholas.J.Lucore@usace.army.mil, or by telephone at 305-779-6056.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.