TO WHOM IT MAY CONCERN: This district 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: Conch Harbor Retail Center LLC
c/o Craig Hunt
951 Caroline Street
Key West, FL 33040
WATERWAY & LOCATION: The project is located in Key West Bight, adjacent to the Federal Channel, waterward of 951 Caroline Street, Key West, in Section 31, Township 67 South, Range 25 East, Monroe County (Real Estate Number: 00002970-000000).
Directions to the site are as follows: From Miami drive south on US Highway - 1 to Key West; make a right turn from US Highway - 1 onto North Roosevelt Boulevard. Turn right on Palm Avenue and proceed over the bridge at Garrison Bight. Continue on Palm Avenue. Make a right on Grinnell Street. The existing marina is waterward of 951 Caroline Street.
LATITUDE & LONGITUDE: Latitude 24.56332° North
Longitude 81.80044° West
PROJECT PURPOSE:
The project purpose is for the commercial re-development of an existing marina.
PROPOSED WORK: The applicant has proposed to remove the existing piles and an existing floating dock and seeks authorization to install a new 65 ft 10 inch by 10 ft (658.3 sq. ft.) terminal platform. The terminal platform will attach to the existing dock and will be supported by 18 inch diameter wood piles.
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:
“Utilize ACOE Dock Construction Guidelines. Install turbidity barrier. 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 construction induced turbidity has subsided and water quality has returned to pre-construction conditions.”
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 ACOE, the appropriate mitigation will be determined by the ACOE.”.
EXISTING CONDITIONS: The project site is located in the Key West Bight, which is an Outstanding Florida Waters. An existing marina with a fueling station already exists on site. To the east and west are existing marinas, to the north is Trumbo Point and to the south upland areas containing hotels and their associated recreational amenities.
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. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the manatee dated 2011. The real estate parcel number is 00002970-000000 and is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated 2010, for Monroe County.
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 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 this determination pursuant to Section 7 of the Endangered Species Act.
The U.S. Army Corps of Engineers has determined the proposal will not affect any other threatened or endangered species or designated critical habitat other that the ones listed above.
Essential Fish Habitat (EFH): This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. The proposal would impact approximately 612 linear feet of submerged bottom utilized by various life stages of marine life. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within 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.