TO WHOM IT MAY CONCERN: The Jacksonville District of the United States 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: Kevin Brooks
1336 Southeast Kings Bay Drive
Crystal River, Florida 34429
WATERWAY AND LOCATION: The project would affect waters of the United States (U.S.) associated with Kings Bay. The project site is located at 1336 Southeast Kings Bay Drive in Section 28, Township 18 South, Range 17 East, Crystal River, Citrus County, Florida.
Directions to the site are as follows: From Crystal River City Hall, go east on North Suncoast Boulevard/US-19; turn west on Southeast Paradise Point Road; continue on Southeast Paradise Point Road as it turns north and becomes Southeast Kings Bay Drive; 1336 Southeast Kings Bay Drive is located on the west side of the road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.885366º
Longitude: -82.592462º
PROJECT PURPOSE:
Basic: Residential development
Overall: Reconstruction of a previously existing, single-family, waterfront residence.
EXISTING CONDITIONS: The project area consists of a vacant waterfront residential lot on Kings Bay, which is tidally influenced, and has an upland-cut basin with a boat slip. As a result of significant damage incurred by Hurricane Hermine in September 2016, the single-family residence constructed on the site in 1950 was condemned and subsequently demolished. There are no wetlands present at the proposed project site. Both the shoreline adjacent to the project site and the upland-cut basin exhibit bare bottom, which was confirmed by Corps personnel on a site visit. There is no mangrove, live hardbottom, submerged aquatic vegetation (SAV), or emergent vegetation within the proposed work area.
PROPOSED WORK: The applicant seeks authorization to discharge 180 cubic yards (yd3) of fill into 625 square feet of waters of the U.S. in order to backfill the existing upland cut basin to provide for sufficient upland setback clearance for the reconstruction of the previously existing, single-family residence. In addition, the applicant seeks authorization to discharge 60 cubic yards of boulder fill material into waters of the U.S. to construct a 100 linear foot riprap revetment at a 2:1 slope along the entire shoreline.
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:
There is no SAV, emergent vegetation, mangroves, corals, or live hardbottom present within the footprint of the proposed work. Therefore, the applicant did not identify any avoidance and minimization measures.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant stated that no compensatory mitigation is necessary for the proposed project because the proposed work would not impact any SAV, mangroves, corals, or live hardbottom.
CULTURAL RESOURCES:
The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected; therefore, the Corps has initially determined that the proposed project would have “No Potential to Cause Effect” to historic properties or cultural resources.
Furthermore, 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 (MANLAA) the West Indian Manatee and no further consultation with the United States Fish and Wildlife Service is required. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Manatee, dated April 2013 (Key). Use of the Key resulted in the following sequential determination: A > B > C > G > N > O > P4 > MANLAA. The proposed project is located in a Warm Water Aggregation Area (WWAA) but is not located in a federal manatee sanctuary or no entry area. The proposed project does not involve dredging. The proposed project involves the discharge of fill and riprap for shoreline stabilization; therefore, the proposed work would not increase watercraft access at the project site. The proposed work would not impact SAV, emergent vegetation, mangroves, or live hardbottom. Lastly, the applicant elects to adhere to the standard manatee construction conditions. In light of these facts, the Key supported the MANLAA determination for the Manatee.
The Corps utilized the National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO), dated November 2017, to analyze the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and corals (elkhorn and staghorn) in accordance with Section 7 of the Endangered Species Act. The Corps has determined that the proposed project falls within the scope of the JAXBO. The Corps will request concurrence with this determination with NMFS pursuant to Section 7 of the Endangered Species Act by separate correspondence.
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 625 square feet of bare submerged bottom potentially utilized by various life stages of coastal migratory pelagics, red drum, reef fish, and shrimp. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Gulf of Mexico. 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 Gainesville Field Office of the Tampa Permits Section at 2833 NW 41st Street, Gainesville, Florida, 32606 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, Sarah Vaughn, at the Gainesville Field Office of the Tampa Permits Section, 2833 NW 41st Street, Gainesville, Florida, 32606; email at Sarah.L.Vaughn@usace.army.mil; facsimile at (352) 264-7733; or telephone at (352) 264-7673.
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, aesthetics, 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.
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.