Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

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Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2017-03263(SP-GGM)

Published June 9, 2020
Expiration date: 6/30/2020

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:

 

APPLICANT:  Sergio and Eileen Velikopojski

                       200 Pompano Drive

                       Key Largo, FL 33037

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Largo Sound Basin, tributary to the Atlantic Ocean.  The project site is a developed single family residence lot located at 200 Pompano Drive, immediately adjacent to waters of Largo Sound Basin; legally described as Lot 06, Block 10 of Anglers Park subdivision; PB3-159; in Section 14, Township 61 South, Range 39 East, Key Largo, Monroe County, Florida 33037. (RE# 00552660-000000) (MM± 103.7-Ocean).

 

Directions to the site are as follows:  From Miami, drive south on U.S. 1, Overseas Highway, to approximately mile marker 103.7; turn left onto Barracuda Boulevard and right on Pompano Drive.  The project site is located at the end of the road.

 

APPROXIMATE CENTRAL COORDINATES:    Latitude 25.137556° North

                                                                            Longitude 80.395231° West

 

PROJECT PURPOSE:

Basic:  The basic project purpose is to remove the remnants of a collapsed structure, construct a new dock and install two new boatlifts to improve boating access to the property.

Overall:  The overall project purpose is for the remove a collapsed structure, construct a dock and install 2 boatlifts to provide boating access to a single family residence in Key Largo, Monroe County, Florida.

 

EXISTING CONDITIONS:  The property is located within a developed subdivision of Key Largo. The project site consist of an upland developed single family parcel, immediately adjacent to open waters of Largo Sound, tributary to the Atlantic Ocean.  The project site is located within John Pennekamp State Park boundaries.  The property’s shoreline is partially armored with a retaining wall, an existing boat-ramp and the remnants of a previously existing wood dock and 2 boatlifts that failed during Hurricane Irma.  The shoreline support a cluster of red mangrove, to be avoided during construction. It appears, submerged aquatic resources are present within the proposed project footprint, a benthic survey has been requested.

 

PROPOSED WORK:  The applicant seeks authorization to remove the remnants of an existing dock and boatlifts; construct a 1,080-square feet (ft²) t-shaped concrete and wood dock with associated supporting concrete piles and beams; install a 20,000 pound capacity cradle boatlift with four (4) supporting piles, and install a 15,000 pound capacity elevator boatlift with two (2) associated metal I-beams, as depicted on the enclosed work plans (5 pages). Temporary turbidity curtains will be deployed for the duration of all construction activities, in/over waters of the United States. Work is in U.S. navigable waters in accordance with the enclosed site plans (5 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.

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If mitigation is required by the Army Corps of Engineers the appropriate mitigation will be determined with a UMAM and payment made to Keys Restoration Fund.

 

CULTURAL RESOURCES:  The Corps is not aware of any known historic properties within the permit area. However, the property is within John Pennekamp State Park boundaries and the Google Earth Resource at Risk (RAR) report for the subject parcel list the property to be within an area of Historic Property Listed in the NRHP.   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.  No further coordination 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 nesting habitat for 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 Google Earth Resource at Risk (RAR) report for the subject parcel includes the

piping plover (Charadrius melodus) consultation area. Potential impacts to the piping

plover were evaluated using the Programmatic Piping Plover Biological Opinion (BO),

dated May 22, 2013. Using the BO resulted in the Corps making a “no effect”

determination for the piping plover. This determination is based on no impact to native natural habitat of the species.  Additionally, the project site is not located within a

designated piping plover Critical Habitat Unit or areas that are considered optimal piping

plover habitat; therefore, no further consultation with the FWS is required.

 

The Google Earth Resource at Risk (RAR) report for the subject parcel includes the wood stork nesting colonies buffers and single buffer.  Potential impacts to the wood stork were evaluated using the Wood Stork Effect Determination Key dated 18 May 2010 (key).  Use of the key resulted in the following sequential determination: A (3), “no effect” for the wood stork.  This determination is based on the project not affecting suitable foraging habitat (SFH); therefore no further consultation with the FWS is required.

 

The Google Earth Resource at Risk (RAR) report for the subject parcel includes the

Schaus swallowtail butterfly (Heraclides aristodemus ponceanus consultation area; however, the applicant proposes no removal or modification of the Schaus swallowtail butterfly’s native habitat.  Potential impacts to the aforementioned habitats were evaluated using the respective FWS Species Assessment Guides (SAGs); dated 29 July 2013. Use of the species Key, dated 29 July 2013, resulted in the following sequential determination: A > B > “NLAA”. Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service is required.

 

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 critical habitat, hawksbill sea turtles (Eretmochelys imbricata), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata), Nassau Grouper  (Epinephelus striatus) species and Acorpora sp. and its designated critical habitat. A no effect determination was reached on smalltooth sawfish 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 1,354 square feet 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 30, 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.