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):
APPLICANT: Don Juan and Lou Ann Dent
6794 Marriottsville Road, No. 2
Marriottsville, MD 21104-1078
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 27255 Mariposa Road; legally described as BK LT 25 Ramrod Shores Third Addition Ramrod Key PB6-108, in Section 29, Township 66 South, Range 29 East, Ramrod Key, Monroe County, Florida (MM27). RE#00209971-002500
Directions to the site are as follows: Take U.S. 1 South to MM 27; Turn right onto Coral Avenue; Turn right onto Mariposa Road; Project is located on the left at 27255 Mariposa Road.
APPROXIMATE CENTRAL COORDINATES: Latitude: 24.666028°
Basic: The basic project purpose is to construct a single-family residence with associated infrastructure.
Overall: The overall purpose is for the development of a single-family residence in Ramrod Key, Monroe County, Florida.
EXISTING CONDITIONS: The property is located within a partially developed subdivision of Ramrod Key. The property is situated between two developed lots, a paved road, and a canal that flows into the Atlantic Ocean. The subject parcel is an undeveloped lot with invasive and native species growing throughout. The shoreline is natural with a few Australian Pines.
PROPOSED WORK: The applicant seeks authorization to place 5,835 square feet (325 cubic yards) of fill within jurisdictional wetlands for the construction of a single family residence and associated appurtenances, to install a single row of limerock boulders along the perimeter of the lot, and to install temporary filter fencing to isolate the construction site from the adjacent wetlands.
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 for the residence, filter fencing will be constructed to isolate the construction site from adjacent wetlands. The filter fencing will remain in place until the fill retention wall is complete.
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, compensatory mitigation may be required; to include time lag and risk as a component of any mitigation plan/proposal.
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 have no effect on the West Indian manatee (Trichechus manatus) or its designated critical habitat. Use of the Key resulted in the sequence A - “no effect.” The water project is not located in waters accessible to manatees and does not directly or indirectly affect manatees. 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 property 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 real estate parcel number is 00209971-002500 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the following species: the Eastern Indigo Snake (Drymarchon corais couperi), Key Deer (Odocoileus virginianus clavium), the Lower Keys marsh rabbit (Sylvilagus palustris hefneri) and Silver rice rat (Oryzomys palustris natator) focus areas.
The subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the focus area for the eastern indigo snake (Drymarchon corais couperi). Potential impacts to the aforementioned species and its habitat were evaluated using the eastern indigo snake key (key) dated January 25, 2010, and amended August 13, 2013. Use of the key resulted in the following sequential determination: A > B > C > D > E (1), “may affect, not likely to adversely affect (MANLAA)” for the snake. This determination is partially based on the project being conditioned for use of the Service’s Standard Protection Measures for The Eastern Indigo Snake during site preparation and project construction. Therefore, no incidental take will occur, and no further consultation with the FWS is required.
The subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the focus area for the Key deer. Potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated 29 July 2013. Use of the SAGs resulted in the following sequential determination: A > B (1), “may affect, not likely to adversely affect (NLAA)” the Key deer. This determination is partially based on the applicant not proposing any fencing and proposing habitat compensation commensurate with the amount of native habitat lost. 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 subject parcel is listed on the FWS 2011 Suitable Habitat List as being within the “Focus Area” for the Lower Keys marsh rabbit. 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 > C > D > F2, “NLAA” for the listed species’ habitat. This determination is partially based on the applicant having agreed to adhere to the free-range cat restriction in Monroe County. The Corps received programmatic concurrence from the FWS for projects that have a “NLAA” determination; therefore, on incidental take will occur and no further consultation with the FWS is required.
The subject parcel is listed on the FWS 2011 Suitable Habitat List as being within the “Focus Area” for the silver rice rat (Oryzomys palustris natator). 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 > C > D, “NLAA” for the listed species’ habitat. This determination is partially based on the applicant having agreed to adhere to the free-range cat restriction in Monroe County. Although the subject parcel is not located within the designated critical habitat, use of the Silver Rice Rat Critical Habitat Assessment Guide dated July 29, 2013, resulted in the following sequential determination A > B > C > D (1) “may affect.” The Corps received programmatic concurrence from the FWS for projects that have a “NLAA” determination; therefore, on incidental take will occur and no further consultation with the FWS is required.
The Corps has determined the proposed project will have no effect on Acorpora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox), the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their critical habitat, hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata), and the Nassau grouper (Epinephelus striatus). The project does not involve any work accessible to the above-listed species; therefore, no incidental take will occur, and no further consultation with the NMFS 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 not impact habitat utilized by various life stages of marine fish. 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, Jessica Hogan, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at Jessica.M.Hogan@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305)779-6052.
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.