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: Silent Hunter Boat Yard LLC
C/o Matt Alley
2055 Overseas Highway
Marathon, Florida 33050
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project is located at 2055 Overseas Highway adjacent to a canal tributary to the Atlantic Ocean; legally described as Lot 1, Blk 1 & Part Lot 2 Parrish subdivision, PB 2, PG 18 in Section 9, Township 66 South, Range 32 East, Marathon, Monroe County, Florida (MM48). RE#00326400-000000
Directions to the site are as follows: Take U.S. 1 South to MM48; Project is located at 2055 Overseas Highway.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.706802°
Basic: To stabilize the shoreline and to improve recreational access.
Overall: To stabilize the shoreline and to improve recreational access in Marathon, Monroe County, Florida.
EXISTING CONDITIONS: The property is located within a partially developed commercial subdivision of Marathon. The property is an active marina that supports 100 dry slips and 18 wet slips that includes a large basin and channel that leads to the open water of the Atlantic Ocean. The benthos consists of gravelly muck, sparse macroalgae, and Siderastrea radians along various sections of the existing basin and channel. The marina expansion area is vegetated with Conocarpus erectus, Metopium toxiferum, Casuarina equisetifolia, and areas of Rhizophora mangle. No seagrass was present within the basin.
PROPOSED WORK: The applicant seeks authorization to conduct the following work to expand the existing marina to accommodate a total of 32 wet slips and 100 dry slips:
To construct a 3,212 square foot marina expansion consisting of four “T”-shaped docks with a 4 foot wide by 12 foot long access walkway leading a 5 foot wide by 127 foot long terminal platform connected by three 8 foot wide by 20 foot long concrete landings resulting in the placement of 6 cy of fill within a 150 square foot area in Area A & B.
To remove the existing wood dock, to replace 525 linear feet of existing seawall/dock resulting in the placement of 230 cy of fill within a 1,395 square foot area and to install 52 fender piles in Area C & D.
To install two 5 foot by 6 foot concrete travel lift extensions and construct a 5 foot wide by 60 foot long wood finger pier in Area E & H.
To repair 164 linear feet of existing dock totaling 1,545 square feet in Area F.
To construct a 276 square foot dock extension measuring 6 foot wide by 46 foot long in Area G.
To install 25 fender piles along the existing northwest section of the marina basin seawall/dock.
To install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters.
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. The applicant proposes to avoid 111,840 square foot area of remaining onsite wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If it is determined that the issuance of a DA permit is appropriate, mitigation will be required. The applicant has indicated that the mitigation proposal will be based on the Keys Restoration Fund (KRF). Time lag and risk will be a required component of any mitigation requirement.
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 real estate parcel number is 00326400-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the Eastern indigo snake.
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 Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on Acorpora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, and Mycetophyllia ferox). 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 on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 6,865 square feet of wetlands and submerged bottom utilized by various life stages of marina 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; by facsimile transmission at (305) 526-7184; 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.