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: Mike Aranda
1222 SE 47th Street
Cape Coral, Florida 33904
WATERWAY AND LOCATION: The project would affect waters of the United States (open water) associated the Atlantic Ocean. The project site is located at Lot 19, Mockingbird Lane, legally described as TROPIC Isle Section A A Sub of part of the Sombrero Properties PB5-101 SEC 15 TWP 66S RGE 32E Boot Key PB6-73, in Section 10, Township 66, South, 32 East in Marathon, Monroe County, Florida. (RE# 00355417-001900).
Directions to the site are as follows: Drive south on US 1 to mile marker 50. Turn right onto Somberero Beach Road. Turn Right onto Anglers Drive. The property will be on the right at Mockingbird lane.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.706502°
Basic: The basic project purpose is housing and water access.
Overall: The overall project purpose is fill to construct a single family residence, with a dock to access navigable water in Marathon, Monroe County, FL.
EXISTING CONDITIONS: The property is located within a partially developed subdivision of Marathon. The property is situated between a developed lot and an empty lot, a paved road and a canal that flows into Sister Creek. The subject parcel is an undeveloped lot with a wetland shoreline. The lot supports a disturbed mangrove saltmarsh wetland system. The project is located within the Florida Keys National Marine Sanctuary boundary.
PROPOSED WORK: The applicant seeks authorization to fill a lot with 14,100 square feet (780 cubic yards) of fill; of which 11,9000 square feet (660 cubic yards) are within Waters of the United States ,the installation of a 484 square foot (4-foot wide by 21-foot long access walkway with a 5-foot wide by 80-foot long terminal platform) wooden T-dock; to install two (2) mooring piles; and to temporarily install turbidity curtains for the duration of all construction activities, in/over waters of the United States.
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 placement of large boulders at least 1 foot from the mangrove root system to ensure no incidental discharge from the fill into the aquatic resource. Additionally, applicant avoided 2,400 square feet of mangroves.
COMPENSATORY MITIGATION – The applicant has provided UMAM sheets proposing the function loss of 0.081 acres, using an in-lieu fee to the Keys Restoration Fund.
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.
a. West Indian Manatee(Trichechus manatus): The proposal by the applicant is for in-water construction, potential impacts to the 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. Use of this key resulted in the sequential determination A > B > C > D>E>F> G >N>O>P4-may affect, not likely to adversely affect. This determination is based on the applicant adhering to the Standard Manatee Conditions for In-Water Work, 2011. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for manatees; and, that no additional consultation is necessary.
b. Piping plover (Charadrius melodus) and roseate tern (Sterna dougallii): The proposed work is located outside of native habitat for these species and is the replacement of previously existing structures. No impact to native /natural habitat is included; therefore, the Corps has determined the project will have “no effect” on the above listed species.
c. Eastern Indigo Snake (Drymarchon corais couperi): Since critical habitat has not been designated for the indigo snake, potential impacts to Drymarchon corais couperi were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key, dated 01 August 2017 (Snake Key). Use of the species Key resulted in the following sequential determination: A > B > C > D Not Likely to Adversely Affect for the d listed species. The Corps received programmatic concurrence from the FWS for projects that have a “no effect” determination; therefore, no incidental take will occur and no further consultation with the FWS is required.
d. American Crocodile (Crocodylus acutus): The project site is within the American Crocodile consultation area. By letter dated 28 October 2014, the FWS issued programmatic concurrence for projects in the Keys south of the intersection of U.S. Highway 1 and State Road 905 in Key Largo. The letter states that projects located in this range are unlikely to adversely affect the American crocodile if it meets one or more of the listed criteria. By using the programmatic letter by paragraph 2, considering that the proposed project does not contain suitable nesting habitat that is accessible to the crocodile, the Corps’ initial determination is the project “may affect but is not likely to adversely affect” the American crocodile and its critical habitat. 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 the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and its designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Additionally the Corps has determined the proposed project will have no effect on the Acropora spp. (Acropora cervicornis and Acropora palmate) and its designated critical habitat, and listed coral species: pillar coral (Dendrogyra cylindrus), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), boulder star coral (Orbicella franksi), and rough cactus coral (Mycetophyllia ferox). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined that the project will have “no effect” on any other listed threatened or endangered species, and/or designated critical habitat. Pursuant to Section 7 of the Endangered Species Act, no further consultation is required.
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 0.02 acres of habitat type utilized by various life stages of species. Our initial determination is that the proposed action would or would not have a substantial adverse
impact on EFH or Federally managed fisheries in the Atlantic Ocean. 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 North Permits Section, Jacksonville District Corps of Engineers Post Office Box 4970 Jacksonville Florida, 32232 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, Danielle D’Amato, in writing at the Jacksonville Permits Section, Jacksonville District Corps of Engineers Post Office Box 4970 Jacksonville Florida, 32232 within 21 days from the date of this notice by electronic mail at Danielle.S.D’Aamto@usace.army.mil; or, by telephone at (904)-232-2166.
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, aesthetics, 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.