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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.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

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-2020-02577(SP-MLC)

Published July 24, 2020
Expiration date: 8/24/2020

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:  Elaine Davia

                       1261 Crane Boulevard     

                       Sugarloaf Key, FL 33042

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Atlantic Ocean.  The project site is located at 1261 Crane Boulevard; legally described as Sugarloaf Key Point, Government Lot 3,  A/K/A West ½ Lot 3, Block 16 North Sugarloaf Acres Section 2, in Section 25, Township 66 South, Range 27 East, Sugarloaf Key, Monroe County, FL 33042 (RE# 001174900-001801).

Directions to the site are as follows:  US Highway No 1 South to mile marker 20±. Right at Crane Street.

 

APPROXIMATE CENTRAL COORDINATES:            Latitude     24.673340°

                                                                                    Longitude -81. 537110°

 

PROJECT PURPOSE:

The project purpose is boating access.

 

EXISTING CONDITIONS:  The subject property contains a single family residence. The unfilled portion of the lot and shoreline accommodates wetland vegetation, including red mangroves and buttonwood. There is a filled driveway that leads to the house.

 

PROPOSED WORK:  The applicant seeks authorization to install a pile-supported dock with a 4 ft wide by 782 ft long access walkway with an 8 ft wide by 20 ft long terminal platform, and 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. These will remain in place until all construction induced turbidity has subsided and water quality has returned to pre-construction conditions. The applicant has also agreed to avoid 62,460 sq. ft.

 

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.  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 the West Indian manatee (Trichechus manatus) or its designated critical habitat.  Use of the Key resulted in the sequence A-B-C-G-H-I-J-L-N-O-P4 may affect, not likely to adversely affect.  This determination partially was based on the implementation of the Standard Manatee Conditions for In-Water Work. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the manatee dated April 2013 and addendum dated May 13, 2019. 

 

The real estate parcel number is 001174900-001801 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), the Key Deer (Odocoileus virginianus clavium), the Lower Keys marsh rabbit (Sylvilagus palustris hefneri), and the Silver rice rat (Oryzomys palustris natator).

 

The subject parcel is listed on the FWS 2011 Suitable Habitat List for the Eastern Indigo snake (Drymarchon corais couperi).  Since critical habitat has not been designated for the indigo snake, potential impacts to D. c. couperi were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key dated August 1, 2017 (Snake Key).  Due to the permit being conditioned for use of the Service’s Standard Protection Measures for The Eastern Indigo Snake during site preparation and project construction, use of the Snake Key resulted in the following sequential determination:  A > B > C > D (1), “may affect but is not likely to adversely affect”. Therefore, pursuant to the Snake Key, no further consultation with the FWS is required.

 

The subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the focus area for the Key deer (Odocoileus virginianus clavium). Potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated July 29, 2013. Use of the SAGs resulted in the following sequential determination: A > B > C > E > F > 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.

 

Potential impacts to the Lower Keys Marsh Rabbit were evaluated using the Lower Keys marsh rabbit (Sylvilagus palustris hefneri) Species Key, dated July 29, 2013, and resulted in the following sequential determination:  A > B > C > F (2) “may affect, but not likely to adversely affect.” This determination is partially based on the applicant being provided the cat brochure. 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.

 

Potential impacts to the silver rice rat were evaluated using the Silver Rice Rat (Oryzomys palustris natator) Species Key, dated July 29. 2013, and resulted in the following sequential determination: A > B > E (2), “may affect, but not likely to adversely affect.” This determination is partially based on the applicant being provided with the cat brochure. Although the subject parcel is not located within the designated critical habitat, use of the Silver Rice Rat Critical Habitat Assessment Guide dated July 29, 2013, resulted in the following sequential determination A > B (1), “may affect, but not likely to adversely affect.” This determination is based on the applicant proposing no removal or modification of the rice rat’s native habitat. Based on the information provided above the Corps has reached a MANLAA determination on the silver rice rat and its designated critical habitat. 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.
 

Potential impacts to the Key tree-cactus were evaluated using the Key Tree-Cactus (Pilosocereus robinii) Assessment Guide dated July 29, 2013, and resulted in the following sequential determination: A > B, ), “may affect, but not likely to adversely affect.”  This determination is based on the applicant proposing no removal or modification of the Key tree-cactus native habitat. 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.
 

Potential impacts to the Stock Island tree snail were evaluated using the Stock Island tree snail (Orthalicus reses, not incl. nesodryas) Assessment Guide dated July 29, 2013, and resulted in the following sequential determination: A > B, ), “may affect, but not likely to adversely affect.”  This determination is based on the applicant proposing no removal or modification of the Stock Island tree snail native habitat. 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 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), 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 Acropora 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 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 3290 square feet of wetland shoreline and 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 SW 107th Avenue, Suite 203, Miami, FL 33176 within 30 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, Megan Clouser, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at Megan.L.Clouser@usace.army.mil; or, by telephone at (305)526-7182. 

 

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.