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: Oscar & Lillian Reyes
13201 SW 30th Court
Davie, FL 33330
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a manmade canal tributary to Sister Creek at 503 Corte De Luna; legally described as BKD LT 2 WALORISS SUBD PB3-113 BOOT KEY OR534-119 in Section 15, Township 66 South, Range 32 East; Marathon, Monroe County, Florida, 33042. (RE # 00353090-000000)
Directions to the site are as follows: Drive south on US 1 to mile marker 50. Turn left onto Somberero Beach Road. Turn Right onto Calle De Luna. The property will be on the right at 503 Corte De Luna.
APPROXIMATE CENTRAL COORDINATES: Latitude : 24.6932 ° N
Longitude: -81.0842 ° W
PROJECT PURPOSE:
Basic: The basic purpose is to provide housing and water access.
Overall: The overall purpose is to provide housing and water access to a property on Marathon, Monroe County, Florida.
EXISTING CONDITIONS: The property is located within a partially developed subdivision of Marathon. The property is situated between two developed lots, a paved road and a canal that flows into Sister Creek. The subject parcel is an undeveloped lot with a wetland shoreline. The lot supports a disturbed mangrove saltmarsh wetland system. The project is located within the Florida Keys National Marine Sanctuary boundary.
PROPOSED WORK: The applicant seeks authorization to fill a wetland lot with 7,062 square feet (420 cubic yards) of fill; to install a 370 square foot (4-foot wide by 30-foot long access walkway with a 5-foot wide by 50-foot long terminal platform) wooden T-dock; to install a 20,000 pound capacity elevator boat lift; and to temporarily install turbidity curtains for the duration of all construction activities, in/over waters of the United States.
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 has proposed a 5,565 square foot avoidance area on the shoreline and the southern side of the jurisdictional lot.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If Mitigation is required by the Army Corps of Engineers the appropriate mitigation will be determined with a UMAM assessment and payment made to the Keys Restoration Fund.
CULTURAL RESOURCES: Per the Standard Operating Procedures for Section 106 of the National Historic Preservation Act Compliance for the State of Florida, Dated: November 21, 2016; the RAR report noted that A Cultural Resource Assessment Survey Maybe Required. However, since the nature of work is limited in scope, no additional 106 review is needed (section 6, part iii)
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 > P(4), “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.
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 July 29, 2013. Use of the SAGs resulted in the following sequential determination: A > B > C > E > F > G > H > I (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.
Since critical habitat has not been designated for the indigo snake, potential impacts to Drymarchon corais 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 > No Effect for the d listed species. The Corps received programmatic concurrence from the FWS for projects that have a “no effect” 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 the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and its designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Additionally the Corps has determined the proposed project will have no effect on the Acropora spp. (Acropora cervicornis and Acropora palmate) and its designated critical habitat, and listed coral species: pillar coral (Dendrogyra cylindrus), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), boulder star coral (Orbicella franksi), and rough cactus coral (Mycetophyllia ferox). The Corps will request National Marine Fisheries Service concurrence with this determination 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 7,432 square feet of disturbed saltmarsh and emergent shoreline wetland resources utilized by various life stages of terrestrial and 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.
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 Miami Permits Section, 9900 SW 107th Avenue, Miami, FL, 33176 within 30 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, Nicholas Lucore, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Miami, FL, 33176; by electronic mail at Nicholas.J.Lucore@usace.army.mil; by facsimile transmission at (305) 526-7184; or, by telephone at (305) 779-6056.
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.