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: Ronald and Ausra Padalino
4545 West Marquette Road
Chicago, IL 60629
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 28555 Arica Road, on a vacant jurisdictional parcel, immediately adjacent to 2 man-canals tributaries to the Atlantic Ocean; legally described as Block 16, Lot 07 of Jolly Roger Estate, Little Torch Key, PB5-34, in Section 28, Township 66 South, Range 29 East, Monroe County, Summerland Key, Florida 33042 (RE# 00216620-000000) (MM± 28.5-Ocean).
Directions to the site are as follows: From Miami, drive south on U.S. 1, Overseas Highway, to approximately mile marker 28.5; turn left onto Pirates Road, left onto Le Grand Road and then right onto La Fitte Road and right onto Aric Road. The project site would be located at the end of the road at 28555 Arica Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.658796° North
Longitude 81.386343° West
Basic: The basic project purpose is to construct a single-family residence with associated appurtenant structures and retain fill material from encroaching into adjacent waters of the U.S.
Overall: The overall project purpose is to construct a single-family residence with associated appurtenant structures and retain fill material from encroaching into adjacent waters of the U.S., on a residential parcel in Little Torch Key, Monroe County, Florida.
EXISTING CONDITIONS: The property is located within a developed subdivision of Little Torch Key, Summerland Key, Monroe County Florida. The property is a jurisdictional vacant parcel bordered by a 40’ wide man-made canal on the north, a paved road on the south, a developed residential lot on the east, and a 2nd man-made canal on the west. The property sits at low elevation and is frequently inundated at high tide. The 221 linear feet shoreline is dominated by a Red and Black Mangrove fringe. The parcel supports herbaceous wetland vegetation, algal matting, and marl soils. The parcel has been impacted by historical fill material. No corals or seagrass have been identified. No in-water work is proposed at this time.
PROPOSED WORK: The applicant seeks authorization to place 400-cubic yards of clean fill material within in 11,025 square feet (ft²) of jurisdictional wetlands for the construction of a residence and associated appurtenant structures and to place 221 linear feet of 2’ diameter lime-rock boulders on filter fabric along the entire property’s shoreline perimeter, as to isolate the construction site and prevent the displacement of fill material into adjacent waters of the Unites states and to avoid any impacts to the existing 1,185 ft² of shoreline mangrove dominated wetland fringe, as depicted on the enclosed drawings (3 pages). Work is in Water of the United States, in accordance with the enclosed drawings.
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. Temporary filter fencing will be installed prior to the discharge of any fill material as to prevent the spillage of fill material into the adjacent wetlands. All fill material, including the riprap retaining wall, will be place at least 1’ away from all mangrove root system. Additionally, the applicant proposes to avoid the remaining 1,185 ft² area of shoreline mangrove wetland 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 will have no effect on the West Indian manatee (Trichechus manatus) or its designated critical habitat. Use of the Key resulted in the sequence A > no effect. This determination was based on the work being conducted outside of waters accessible to the West Indian manatee. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the manatee dated April 2013.
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 as the shoreline is densely vegetated. 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 real estate parcel number is 00216620-000000 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), Lower Keys marsh rabbit (Sylvilagus palustris hefneri) and the Silver rice rat (Oryzomys palustris natator).
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 1 August 2017 (Snake Key). Use of the key resulted in the following sequential determination: A > B > C> (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 July 29, 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. 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>C>D>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 > C > D (1), “may affect, but not likely to adversely affect.” This determination is based on the applicant proposing 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 Google Earth Resource at Risk (RAR) report for the subject parcel includes the Key deer (Odocoileus virginianus clavium). Potential impacts to the Key Deer (Odocoileus virginianus clavium) and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated 29 July 2013. The project is not located on Big Pine Key or No Name Key. Use of the SAGs resulted in the following sequential determination: A > B > C > E > 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, or complying with the May 2012 Key Deer Fencing Guidelines, 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.
The Corps has determined that the project will have “no effect” on any other listed threatened or endangered species, and/or designated critical habitat.
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 11,025 square feet of wetland 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 15 days from the date of this notice (i.e. on or before October 1st, 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.