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: Rebecca Jones
3606 Mulberry Grove Loop
Leesburg, FL 34748
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Martins Marsh Aquatic Preserve. The project site is located at 537 N Lake Circle, Crystal River in Section 34, Township 18 South, Range 16 East, Citrus County, Florida
Directions to the site are as follows: Take I-75 N toward Ocala. Take exit 293 toward Dade City. Keep right at the fork and merge onto Blanton Rd. Take a slight right onto Lake Iola Rd. Continue onto County Rd 541/Spring Lake Hwy for 6 miles. Turn left onto US-98 North. Turn right onto US-98 North/Ponce De Leon Blvd. Turn right onto US-19 North/US-98 North/South Suncoast Blvd. Turn left onto West Ozello Trail. Turn left onto West Sanddollar Ln and turn right onto North Lake Circle.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.869080°
Longitude -82.668779°
PROJECT PURPOSE:
Basic: Single Family Residence and Dock
Overall: Construct a single-family residence with a driveway, septic system, walkway, and a dock
EXISTING CONDITIONS: Project site is located at Lot #20 of the Sunny Isles Estates in Ozello, Crystal River. The entire 0.3 acre (ac) lot is a high saltmarsh wetland. Dominant wetland vegetation includes: needle rush (Juncus roemerianus), perennial glasswort (Salicornia ambigua), sea oxeye daisy (Borrichia frutescens), salt grass (Distichlis spicata), Carolina sea lavender (Limonium carolinianum), Brazilian pepper (Schinus terebinthifolia), red cedar (Juniperus virginiana), goldenrod (Solidago sp.), big leaf sumpweed (Iva frutescens), Christmas berry (Lycium carolinianum), flattop goldenrod (Euthamia graminifolia), and perennial salt marsh aster (Symphyotrichum tenuifolium).
A biologist from Verde Environmental traversed the project site on foot, along the coastline to verify if submerged aquatic vegetation occurred where the proposed dock would be located. He found that there was very little vegetation along the coastline and the depth of the water was at least 4 feet (ft) deep. No submerged aquatic vegetation or oyster beds were observed in the proposed dock location.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 0.25 ac of wetlands (0.22 ac of permanent and 0.03 ac of temporary impacts) for construction of a single-family residence with a driveway and septic system.
The applicant also seeks authorization to construct a dock that would include installation of a 4 ft x 50 ft walkway and a 10 ft x 10 ft terminal platform with a 4,500 lbs capacity CudaGear Boat Lift and a Spinner PWL Lift by “Hi-Tide.”
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 evaluated several alternative site plans for the residence and chose the site plan that would minimize and avoid impacts to wetland resources as much as practicable considering the lot dimensions and space required for property access, onsite septic sewage treatment, and living space commensurate with the adjacent development.
The applicant also evaluated several alternative dock designs and chose the design that would minimize and avoid impacts to aquatic resources and navigation as much as practicable. In order to meet set-back requirements and to prevent obstruction of boat traffic, the proposed dock will be located immediately off the shoreline of the property, to the south of adjacent navigation channel.
COMPENSATORY MITIGATION – The applicant has provided the following explanation for compensatory mitigation:
The applicant proposes to compensate for wetland impacts with the purchase 0.11 saltwater credits from the Florida Gulf Coast Mitigation Bank (FGCMB) in Cedar Key.
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 Corps has determined the proposed project “may affect, but is not likely to adversely affect” the West Indian Manatee (Trichechus manatus). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project “may affect, but is not likely to adversely affect” Swimming sea turtles, the Gulf sturgeon (Acipenser oxyrhinchus desotoi), Green sea turtle (Chelonia mydas), Loggerhead sea turtles (Caretta caretta), Hawksbill sea turtle (Eretmochelys imbricate), Kemps ridley sea turtle
(Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and Smalltooth sawfish (Pristis pectintata). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service (NMFS) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposed project would not have a substantial adverse impact on EFH or Federally managed fisheries. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.
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 Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610 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, Leanne Obra, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Leanne.e.obra@usace.army.mil; by facsimile transmission at (813)769-7061 or; by telephone at (813)769-7071.
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.