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: Peter and Tracie Dipasquale
22562 Jolly Roger Drive
Cudjoe Key, FL 33042
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Cudjoe Bay directly connected to the Atlantic Ocean. The project site is located at 22562 Jolly Roger Drive; legally described as Block 19, Lot 34 of Cutthroat Harbor Estates; PB4-165; in Section 28, Township 66 South, Range 28 East; Cudjoe Key, Monroe County, Florida 33042. (MM± 22.4-Ocean) (RE# 00180460-000000).
Directions to the site are as follows: From Miami, drive south on U.S.1 Overseas Highway to approximately mile marker 22.4; turn left onto Cutthroat Drive and right onto Jolly Rogers Drive, follow the road for approximately .25 miles. The project site would be at 22562 Jolly Roger Dr.
APPROXIMATE CENTRAL COORDINATES: Latitude: 24.661229° North
Longitude: -81.482509° West
PROJECT PURPOSE:
Basic: The basic project purpose is to improve an existing dock for vessel usage and to remove the vessel from the channel when not in use.
Overall: The overall project purpose is to expand an existing dock and install a set of davits to improve vessel usage and to remove the vessel from the channel when not in use at a single-family residence in Cudjoe Key, Monroe County, Florida.
EXISTING CONDITIONS: The project site is located within a developed subdivision of Cudjoe Key, Monroe County, Florida. The property is an upland parcel, immediately adjacent to a dredged channel within waters of Cudjoe Bay, directly connected to the Atlantic Ocean. The property’s shoreline supports a dense red mangrove fringe. The dock is proposed 2’ landward of the existing alignment to increase the navigable width of the adjacent channel. A row of boulders is proposed landward of the mangrove roots to contain fill material from encroaching into adjacent waters. Impacts to red mangrove will result from the proposed work. The property supports a wood dock, proposed to be replace and expanded. Seagrass has been identified, immediately adjacent to the project footprint. No exposed hard substrate or corals have been identified by the applicant.
PROPOSED WORK: The applicant seeks authorization to remove the remnants of an existing dock and replace it with a new larger dock. Specifically, the work consist on the construction of a new 460-square feet (ft²) t-shaped wood dock consisting of 112 ft² (4’ wide by 28’ long) access walkway and a 416 ft² (13’ wide by 32’ long) terminal platform with eleven (11) 12” diameter concrete supporting piles; to install a set of davits with 36” by 24” concrete davit beams; to install a 60’ linear feet retaining wall of 2’ diameter boulders on filter cloth, to be placed at least 1’ landward of any mangrove root system, and to avoid 970 ft² of shoreline mangrove vegetation, 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. 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. Additionally, the applicant will avoid and preserve in perpetuity the remaining 970 ft² of shoreline red mangrove vegetation.
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 the Uniform Mitigation Assessment Method (UMAM) and the appropriate payment made to the Keys Restoration Fund (KRF). Time lag and risk will be a required component of any mitigation requirement.
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) or its designated critical habitat. Since the proposal 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) “MANLAA”. This determination is partially based on the implementation of the Standard Manatee Conditions for In-Water Work. By letter dated April 25, 2013, the Corps received concurrence from the U.S. Fish and Wildlife Service (FWS) regarding this MANLAA determinations for the West Indian manatee in accordance with 50 CFR 402.14(b)1 and pursuant to the Key.
The project is located within the 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. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its designated critical habitat. By letter dated 28 October 2014, the FWS issued programmatic concurrence for projects in the Keys. The programmatic concurrence letter is determined to be 1>2 MANLAA. Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service is required.
The real estate parcel number is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the Key Deer (Odocoileus virginianus clavium); however, the RAR lists the species with the RAR buffer area. As such, 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 (1), “no effect”. 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 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.
Potential impacts to the LKMR were evaluated using the Lower Keys marsh rabbit (LKMR; Sylvilagus palustris hefneri) Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B > C > D > F (2) “may affect, but not likely to adversely affect.” This determination is partially based on the applicant being provided the cat brochure and providing off-site 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 silver rice rat were evaluated using the Silver Rice Rat (Oryzomys palustris natator) Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B > C > 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 29 July 2013, resulted in the following sequential determination A > B > C > D (1), “may affect, but not likely to adversely affect.” The applicant will provide off-site habitat compensation commensurate with the amount of native habitat lost. 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.
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 460 ft² of submerged aquatic resources, including mangrove root system, 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 Southwest 107th Avenue, Suite 203, Miami, Florida, 33176, within 21 days from the date of this notice (i.e. on or before June 28th, 2021).
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.