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: City of Marathon
C/o Carlos Solis, Public Works Director
9805 Overseas Hwy
Marathon, Florida 33050
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 2130 Sombrero Beach Road within Sombrero Beach Park in Section 15, Township 66 South, Range 32 East, Marathon, Monroe County, Florida (MM50).
Directions to the site are as follows: Take U.S. 1 South to MM 50; Turn left onto Sombrero Beach Road; Project located at 2130 Sombrero Beach Road within Sombrero Beach Park.
APPROXIMATE CENTRAL COORDINATES:
Latitude 24.692031
Longitude -81.085069
PROJECT PURPOSE:
Basic: The basic project purpose is beach restoration and maintenance.
Overall: The overall project purpose is beach restoration and maintenance in Marathon, Monroe County, Florida.
EXISTING CONDITIONS: Sombrero Beach Park is managed by the City of Marathon. The project site extends along 0.3 miles of coastline adjacent to Sombrero Beach Road, Marathon, Florida. The project site is adjacent to developed upland and wetland areas of Marathon that include single-family residences. The substrate consists of unconsolidated substrate (sand) from the supratidal to subtidal areas with areas of exposed cap rock. The shoreline is comprised of the following: beach berm, swimming beach, coastal scrub along the west corner of the beach, exposed cap rock, and Atlantic Ocean. The vegetation along the west corner consist primarily of buttonwood, black and white mangroves. Dense seagrass bands are located directly waterward of the existing sandy beach area.
PROPOSED WORK: The applicant is requesting a 20-year permit to perform beach restoration and maintenance project along Sombrero Beach Park. The Sombrero Beach Park project consists of the placement of 6,908 cubic yards of sand along the 2,500 linear feet (1,835 cy within a 49,553 square foot area below annual highest tide line to toe of equilibrium line) along the publically-accessible beach and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. The project includes dune features along the landward limits of the project area. The dunes will be marinated through sand placement and dune vegetation. Construction will occur from the uplands utilizing excavation equipment. A Sand screener will be utilized and the existing excess beach sand that was transplanted to the upland areas of Sombrero Beach Park as a result of Hurricane Irma will be used to reconstruct the beach waterward to its pre-Irma conditions. In addition, dredged material from Corps approved activities along adjacent sites to the east of Sombrero Beach Park (i.e. Canal 268 & 269) will produce similar materials and will be utilized onsite as well.
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: Impacts to waters of the United States are being avoided and minimized through deployment of Best Management Practices (BMPs) including silt fence and turbidity curtains. Silt fence will be installed around the uplands above the AHTL. For any in-water work the turbidity curtains will be deployed and allow the disturbed soil to settle before the entering the navigable channels. The silt fence and turbidity curtains will be inspected daily to ensure proper installation to prevent sediment and runoff into waters of the United States.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant stated that they do not propose compensatory mitigation for the proposed work because the proposed construction activities are in an effort to restore the public beach and its surrounding features to its condition prior to Hurricane Irma. The proposed restoration project benefits the citizens of the United States and is funded through local and federal agencies such as FEMA, the State of Florida, and the City of Marathon.
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 Loggerhead sea turtle (Caretta caretta), Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata), Kemp's Ridley sea turtle (Lepidochelys kempii), Smalltooth sawfish (Pristis pectinata), Piping Plover (Charadrius melodus), American crocodile (Crocodylus acutus), Roseate tern (Sterna dougallii) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife and the 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 on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 0.3341 acres of submerged bottom utilized by various life stages of marine species. A benthic survey has not yet been provided at this time; however, will be required prior to reaching a final decision on the project. 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 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 Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida, 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, Maria Bezanilla, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida, 33176 by electronic mail at Maria.I.Bezanilla@usace.army.mil, or by telephone at (305) 779-6057.
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.