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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Sunset Point Farm LLC.
c/o Gary R. Boesch
P.O. Box 2256
Clearwater, Florida 33557
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico. The project site is located at 56195 Overseas Highway, adjacent to Florida Bay in Section 27, Township 65 South, Range 33 East, Monroe County, Grassy Key, Florida, 33050 (MM± 56.2)(RE # 00099570-000000, 00099590-000000).
Directions to the site are as follows: From Miami, drive south on US Highway 1 to mile marker 56.2, turn right onto Burn point, follow the road for approximately .75 miles. The project site will be on the right hand side of the road.
APPROXIMATE CENTRAL COORDINATES: Latitude: 24.756474º
Longitude: -80.985422º
PROJECT PURPOSE:
Basic: The basic purpose is to improve navigation and mooring within a boat basin and channel.
Overall: The overall purpose is to conduct maintenance dredging to maintain and restore adequate water depth for vessel access and mooring on a property in Grassy Key, Monroe County, Florida.
EXISTING CONDITIONS: The proposed project location is a partially developed spoil island, adjacent to Florida Bay. The proposed work location is to the east of the property, within an existing dredged man-made basin and a channel adjacent to a natural sea grass flats within Florida Bay. In the vicinity of the proposed boat basin the shoreline supports a red mangrove fringe. Behind the access walkway leading to the piers within the basin the shoreline also supports a dense red and black mangrove fringe. The area landward of the shoreline vegetation is disturbed, historically filled with crushed limerock. The boat basin is a man-made dredged basin with accumulated silt material. A benthic survey provided by the applicant and conducted by Terramar Environmental Services, Inc. on December 11, 2016 stated the benthic community of the existing boat basin is characterized by barren, deep silt and detritus throughout the entire surveyed area. The area adjacent to the southern and eastern extent of the boat basin, located outside of the footprint of proposed maintenance dredging, was shallow hardbottom dominated by macroalgae and some soft corals, sponges, and stony corals. The benthic habitat in the access channel, proposed for maintenance dredging, consist of sand and rubble with some macroalgae, primarily Halimeda sp., coverage and seagrass beds, manatee grass (Syringodium filiforme) and shoal grass (Halodule wrightii) ranging from moderate (25-50%) to dense (>75%) in cover and trace amounts of turtle grass(Thalassia testudinum) were present throughout the proposed project area. The proposed maintenance dredging will impact 14,177 square feet of seagrass habitat within the existing access channel. Based on the information provided to the Corps, no corals are present within either the boat basin or the existing channel where maintenance dredging is proposed. Although a significant number of stony corals were observed on the hardbottom area adjacent to the existing channel, no direct impacts are anticipated to the surrounding hardbottom community. Please see attached benthic survey and images for further details on site existing conditions.
PROPOSED WORK: The applicant seeks authorization to conduct maintenance dredging within 67,235 square feet (ft²) areas of an existing boat basin and channel within Florida Bay. The proposed maintenance dredging will be to a limit of -5/MLWL or rock if less than -5/MLWL for a maximum of 5,400 cubic yards (y³) of dredged material. A dewatering station with a silt fence to contain the dredged material is proposed to be placed on an upland area, as depicted on the attached plans (4 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 (4 pages).
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 project has been designed in a manner to avoid impacts to all mangroves along the shoreline. The applicant will install a dewatering station with a silt fence to contain the dredged material on an upland area and 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.
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 would be satisfied via a contribution to the Keys Restoration Fund, if applicable.
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-P3 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.
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), kemps ridley
sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), and the smalltooth sawfish (Pristis pectinata), Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on Acorpora sp. and its designated critical habitat, for the smalltooth sawfish designated critical habitat.and for listed corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). The Corps will seek concurrence with the National Marine Fisheries Service for these determinations pursuant to Section 7 of the Endangered Species Act.
The real estate parcel numbers are 00099570-000000, 00099590-000000 and are on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2006, for Monroe County.
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 25 January 2010, and amended 13 August 2013. Use of the key resulted in the following sequential determination: A > B > C, “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.
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 14,177 square feet of seagrass habitat utilized by various life stages of marine life. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Division. 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 Gletys.Guardia-Montoya@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305) 526-2515.
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.