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: Michael Phillips
11301 Ainsborough Road
Potomac, MD 20854
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 461 La Fitte Road; legally described as BK 20 LT 30 Jolly Roger Estates Little Torch Key PB5-34, in Section 28, Township 66 south, Range 29 East, Little Torch Key, Monroe County, FL (RE# 00218450-000000).
Directions to the site are as follows: Take U.S. 1 South to MM 28.5. Turn left onto Pirates Road; Turn left onto Le Grand Road; Turn left onto La Fitte Rd. Project located at 461 La Fitte Rd.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.659811°
Longitude -81.385053°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve shoreline stabilization and boating access.
Overall: The overall purpose is to improve shoreline stabilization and boating access in Little Torch Key, Monroe County, Florida.
EXISTING CONDITIONS: The property is located within a partially developed subdivision of Little Torch Key. The property is situated between two residential lots, a paved road, and the Atlantic Ocean. The subject parcel is an undeveloped upland lot. The shoreline is armored with a riprap revetment. Beyond the riprap the substrate consists of sand with rubble and no visible benthic resources within the project footprint. The pilings of the dock remain; however, the majority of the support structure has been removed.
PROPOSED WORK: The applicant seeks authorization to replace the existing 305 square foot irregularly shaped dock supported by a total of 10 pilings and comprised of a 4 foot wide by 12 foot long access walkway, an 8.4 foot long by maximum 20 foot wide tapered walkway, and a 20 foot long by 8 foot wide terminal platform, to remove the existing riprap revetment as necessary to install 60 linear feet (480 square feet; 35 cubic yards) of new limerock riprap revetment with a maximum waterward extension of 8 feet waterward of the existing riprap revetment, and to place 610 square feet (20 cubic yards) of backfill behind the new riprap revetment.
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, 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.
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 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-H-I-N-O-P4 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.
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 as the shoreline is stabilized with riprap. Use of the Key resulted in the sequence #4 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 00218450-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the following species: the Lower Keys marsh rabbit (Sylvilagus palustris hefneri) and Silver rice rat (Oryzomys palustris natator) 500 meter focus area buffers.
Potential impacts to the LKMR were evaluated using the Lower Keys marsh rabbit (LKMR; Sylvilagus palustris hefneri) Species Key, dated July 29, 2013, and resulted in the following sequential determination: A > F (2) “may affect, but not likely to adversely affect.” This determination is partially based on the applicant being provided the cat brochure. 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.
Potential impacts to the silver rice rat were evaluated using the Silver Rice Rat (Oryzomys palustris natator) Species Key, dated July 29, 2013, and resulted in the following sequential determination: A > E (2), “may affect, but not likely to adversely affect.” This determination is partially based on the applicant being provided with the cat brochure. 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 (1) “may affect, but not likely to adversely affect.” This determination is based on the applicant not impacting any silver rice rat native habitat. Based on the information provided above the Corps has reached a MANLAA determination on the silver rice rat and its designated critical habitat. 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 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) and their critical habitat, 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 smalltooth sawfish critical habitat, Acorpora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). The Corps will request National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act.
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 1,395 square feet of submerged bottom utilized by various life stages of 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 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.