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) as described below:
APPLICANT: Firstco Marine, LLC
c/o Lathan Carel, Member
2135 330th Avenue
Fort Madison, IA 52627
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project is located at 1000 80th Street Ocean adjacent to a canal that flows directly into the Atlantic Ocean; legally described as 1/12 66 32 Key Vaccas Pt Lot 1 Sec 12 (Waterfront Lt Unrecorded Survey) .69 Ac And Pt Se1/4 Of Sw1/4 Sec 1 Pt Lot 1 Sec 12 (.02 Ac); within Section 01, Township 66 South, Range 32 East, Marathon, Monroe County, Florida (MM51.2). RE # 00101200-000000
Directions to the site are as follows: Take U.S. 1 South to MM 51.2; Turn left onto 80th Street. Project located at the end of the road at 1000 80th Street.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.718272°
Basic: The basic project purpose is to expand a single-family property.
Overall: The overall purpose is development for the expansion of a single-family residence in Marathon, Monroe County, Florida.
EXISTING CONDITIONS: The subject site is a developed single-family lot adjacent to a man-made canal and the Atlantic Ocean. The lot consists of uplands and a disturbed herbaceous wetland area that has been impacted by previous fill placement. The unauthorized fill has since been removed in coordination with the Enforcement Section. An approximate 1,185 square foot portion of the fill has already been placed.
PROPOSED WORK: The applicant seeks authorization to place approximately 200 cubic yards of fill in approximately 5,800 square feet of jurisdictional wetlands, to avoid 2,050 square feet of wetland shoreline, 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: All materials for the project will be trucked to the site over existing roads and the applicant's property. Work shall be performed from land. Prior to the start of construction, filter fabric fencing or turbidity curtains will be deployed to isolate the construction site from ambient waters. These will remain in place until all construction induced turbidity has subsided and water quality has returned to pre-construction conditions. The Applicant will designate a 2,050 square foot area of wetland shoreline as an Avoided Wetland Area and preserve it in perpetuity.
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 and payment made to Keys Restoration Fund.
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 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 as the shoreline supports is armored by a concrete seawall and riprap. 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 00101200-000000 is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.
A no effect determination was reached on the West Indian manatee (Trichechus manatus), 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 designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata) and its designated critical habitat, and Nassau grouper (Epinephelus striatus) species.
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 0.13 acres of wetland 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 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, Suite 203, Miami, FL 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 SW 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at Jessica.M.Hogan@usace.army.mil; 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.