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: Thomas and Caron Burgess
661 34th Avenue NE
St. Petersburg, FL 33704
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico. The project site is located on a vacant jurisdictional parcel, immediately adjacent to waters of the Gulf; legally described as Block 04, Lot 04 of Silver Shores Estates; PB4-111; Ramrod Key; in Section 30, Township 66 South, Range 29 East, Ramrod Key, Monroe County, Florida 33042. (RE# 00211270-000000)(MM± 26.5-Bay).
Directions to the site are as follows: From Miami, drive south on U.S.1 Overseas Highway to approximately mile marker 26.5; turn right onto Mako Avenue, left onto Johnson Road and right onto Bay Shore Drive. The project site would be an undeveloped parcel northeast of 518 Bay Shore Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.667047° North
Longitude 81.419776° West
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a single-family residence with associated infrastructures and boating access.
Overall: The overall project purpose is for the development of a single-family residence with boating access in Ramrod Key, Monroe County, Florida.
EXISTING CONDITIONS: The property is located within a partially developed subdivision of Ramrod Key, Monroe County, Florida. The parcel is located immediately adjacent to waters of the Gulf. The lot is jurisdictional and supports wetland vegetation, including the shoreline. The parcel is listed on the Florida ADID wet lot list and marked with a red flag value.
PROPOSED WORK: The applicant seeks authorization to place 700 cubic yards (y³) of clean fill material within in 12,200 square feet (ft²) of jurisdictional wetlands for the construction of a residence and associated appurtenances; to install a 1,640 ft² wood dock consisting of 1,480-ft² (370 foot long by 4 foot wide) access walkway with permanent rope hand railing along the entire access walkway, a 160-ft² (8’ wide by 20’ long) terminal platform with grating material and located 5 feet above the mean high water line (MHWL) and eighty (80) 12” diameter supporting wood pilings; to install a 18,000 pound capacity cradle boatlift with four (4) 12” diameter supporting wood piles and to avoid 5,550 ft² of wetland resources, as depicted on the enclosed submitted work plans (6 pages). Temporary turbidity curtains will be deployed for the duration of all construction activities, in/over waters of the United States. Temporary filter fencing will be install prior to the discharge of any fill material as to isolate the construction site from all adjacent waters, including wetland areas. Work is in U.S. navigable waters in accordance with the enclosed site plans (6 pages).
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:
Temporary turbidity curtains will be deployed for the duration of all construction activities, in/over waters of the United States. Temporary filter fencing will be install prior to the discharge of any fill material as to isolate the construction site from the adjacent waters, including wetland areas.
Additionally, the applicant proposes to avoid and preserve in perpetuity 5,550 ft² area of wetland resources.
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).
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). Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of the Key resulted in the following sequential determination: A > B > C > G > H > I > N > 0 > P (4), may affect, not likely to adversely affect “MANLAA”. This determination is partially based on the implementation of the Standard Manatee Conditions for In-Water Work, 2011. By letter dated April 25, 2013, the Corps received concurrence from the U.S. Fish and Wildlife Service (FWS) regarding MANLAA determinations for the West Indian manatee in accordance with 50 CFR 402.14(b)1 and pursuant to the Key.
The real estate parcel number is 00211270-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the following species: Eastern Indigo snake (Drymarchon corais couperi) Focus Area, the Key deer (Odocoileus virginianus clavium), the Lower Keys marsh rabbit (Sylvilagus palustris hefneri) and Silver rice rat (Oryzomys palustris natator) focus area.
The subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the focus area for the Eastern indigo snake (Drymarchon corais couperi). Potential impacts to the aforementioned species and its habitat were evaluated using the eastern indigo snake key (key) dated 1 August 2017. Use of the key resulted in the following sequential determination: A > B > C > D (1), “may affect, not likely to adversely affect (MANLAA)” for the snake. This determination is partially based on the project being conditioned for use of the Service’s Standard Protection Measures for The Eastern Indigo Snake during site preparation and project construction. Therefore, no incidental take will occur, and no further consultation with the FWS is required.
The subject parcel is listed on the Fish and Wildlife Service (FWS) 2011 Suitable Habitat List as being located within the focus area for the Lower Keys marsh rabbit (LKMR) (Sylvilagus palustris hefneri). Potential impacts to the LKMR were evaluated using the Lower Keys marsh rabbit Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B>C>D> (2) “may affect. This determination is partially based on the property being adjacent to contiguous tracts of this species native habitat greater than 1 acre in size. The Corps will initiate consultation with the FWS via a separate letter.
The subject parcel is listed on the Fish and Wildlife Service (FWS) 2011 Suitable Habitat List as being located within the focus area and critical habitat area for the Silver rice rat (SRR) (Oryzomys palustris natator). Potential impacts to the LKMR were evaluated using the Lower Keys marsh rabbit Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B>C> (1) “may affect. This determination is partially based on the property being adjacent to contiguous tracts of this species native habitat greater than 1 acre in size. The Corps will initiate consultation with the FWS via a separate letter.
The subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the focus area for the Key deer. Potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated 29 July 2013. Use of the SAGs resulted in the following sequential determination: A > B > C> D> F> G> H> I (1), “may affect, not likely to adversely affect (NLAA)” the Key deer. This determination is partially based on the applicant not proposing any fencing and proposing habitat compensation commensurate with the amount of native habitat lost. 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 U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect (“MANLAA”) the American crocodile (Crocodylus acutus).
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 habitat for nesting accessible to the crocodile. Use of the Key resulted in the sequence #2 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 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 designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), Nassau grouper (Epinephelus striatus), and the smalltooth sawfish (Pristis pectinata) 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 12,200 ft² of wetland resources and 1,808 ft² of submerged aquatic resources utilized by various life stages of land and 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 (i.e. on or before June 12, 2020).
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, Gletys Guardia-Montoya at the letterhead address, by electronic mail at Gletys.Guardia-Montoya@usace.army.mil, or by telephone at 305-526-2515.
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.