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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANTS: Kings Kamp LLLP & Captain Jax LLLP
C/o Gino Angella
6099 Stirling Road, Suite 214
Davie, Florida 33314
Blackwater Sound Holdings LLLP
C/o Tony Angella
6099 Stirling Road, Suite 214
Davie, Florida 33314
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Florida Bay. The project site is located in Captain Jax Trailer Park & Kings Kamp at 103620 & 103650 Overseas Highway adjacent to the Florida Bay in Section 14, Township 61 South, Range 39 East, Key Largo, Monroe County, Florida (MM103.6). RE#00085760-000000 & 00085820-000000
Directions to the site are as follows: Take U.S. 1 South to MM 103.5; Project site is located in Captain Jax Trailer Park & Kings Kamp at 103620 & 103650 Overseas Highway.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.140292°
Longitude –80.403136°
PROJECT PURPOSE:
Basic: The basic purpose is to improve boating access.
Overall: The overall purpose is to improve an existing private multi-family marina in Key Largo, Florida.
EXISTING CONDITIONS: The project is associated with an existing upland development adjacent to Blackwater Sound with a direct connection to the Atlantic Ocean approximately five hundred (500) feet to the south at Adam’s Cut. The property is comprised of a trailer park, two (2) existing boat basins, a boat ramp, transient & marginal dockage, and associated finger piers. The project area supports moderate to high densities of turtle grass (Thalassia testudinum), manatee grass (Syringodium filiforme), and shoal grass (Halodule wrightii). Corals observed are limited to Solenastrea Hyades and Siderastrea radians, with all corals limited to the existing limestone riprap along portions of the site and to a field waterward of the existing access canal and northeast of the proposed docking facility.
PROPOSED WORK: The applicant seeks authorization to construct a new 44 slip docking facility with 19 associated finger piers totaling 6,963 square feet elevated 5 feet above mean high water line and constructed with grated material, to install 62 mooring piles, to install an integrated wave-break along the waterward perimeter of the docking facility, and to install temporary floating turbidity barriers around all work areas that are in/over navigable waters of the United States. The subject site would support a total of 73 permanent wet slips.
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 docking facility has been reduced in size and redesigned to avoid the large patch of scattered star corals. In addition, the marina is proposed to be elevated 5 feet above the mean high water line and constructed with grated material. Turbidity curtains are proposed to avoid and minimize potential direct and secondary impacts to the submerged aquatic resources outside of the work areas.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: Based on the proposed avoidance and minimization measures provided above the applicant is not proposing compensatory mitigation at this time.
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 (“MANLAA”) the West Indian manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > H > I > J > L > M2 > “may affect.” However, the agent has proposed additional manatee measures to minimize impacts to the manatee. As such, the Corps will request initiation of informal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The real estate parcel number are 00085760-000000 & 00085820-000000 and are not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.
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), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata) and Acropora sp. critical habitat. The Corps has reached a no effect determination on Acropora sp. and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). The Corps will request National Marine Fisheries Service’s 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 7,025 square feet of vegetated 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 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 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.