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: Stuart Morgan
19858 Loxahatchee Pointe Drive
Jupiter, FL 33458
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico. The project site is located at 30894 Granada Avenue; legally described as Block 09, Lot 10 and Part of Lot 01 of Big Pine Key; in Section 14, Township 66 South, Range 29 East; Big Pine Key, Monroe County, Florida 33043. (RE# 00109340-000100) (MM± 30.2-Gulf).
Directions to the site are as follows: From Miami, drive south on U.S.1 Overseas Highway to approximately mile marker 30.2; turn right onto Key Deer Boulevard, follow the road for approximately 1.7 miles, turn right onto Watson Boulevard, follow the road to the left onto State Road 4A, turn left onto Mathew Road and right onto Granada Avenue. The Project site is located at the end of the road at 30894 Granada Avenue.
APPROXIMATE CENTRAL COORDINATES: Latitude: 24.702576° North
Longitude: -81.350054° West
Basic: The basic project purpose is to remove a vessel from the water when not in use.
Overall: The overall project purpose is to install a boatlift to lift the vessel off the water when not in use at a single-family residence in Big Pine Key, Monroe County, Florida.
EXISTING CONDITIONS: The project site is located within a developed subdivision of Big Pine Key, Monroe County, Florida. The property is an upland residential developed corner lot that sits at the interception of two (2) ±30’ wide man-made canals. To the south the property is adjacent to a ±30’ wide canal; the shoreline in this area supports an existing 30’ long marginal wood dock with a set of davits. The rest of the south end shoreline supports a moderate to dense mature red mangrove dominated fringe. To the northwest, the property is adjacent to a second ±30’ wide canal; the shoreline here supports a dense mature and shrub mangrove fringe, red mangrove is the dominant species. The proposed location for the boatlift is on the northwest canal which is approximately 50’ from an existing weed barrier which is approximately 150’ from the main mouth of this canal which provide access to other boaters on this waterway. Davits are the typical structures mounted and utilized for the removal of vessel from the water on these narrow canals in the Florida Keys.
PROPOSED WORK: The applicant seeks authorization to install a 15,000-pound capacity elevator boatlift with two (2) associated metal I-beams to be installed onto a 14’ wide by 10’ long wood frame with four (4) supporting piles and a 10’ long by 2’ wide access walkway, as depicted on the enclose sketches (2-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 (2-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.
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 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 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 00109340-000100 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for, the Key Deer (Odocoileus virginianus clavium), the Lower Keys marsh rabbit (Sylvilagus palustris hefneri) and the Silver rice rat (Oryzomys palustris natator): The proposed work is located outside of native habitat for these species. No impact to native /natural habitat is included; therefore, the Corps has determined the project will have “no effect” on the above listed species.
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), the smalltooth sawfish (Pristis pectinata) specie. 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
282 ft² of submerged aquatic resources 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 October 11th, 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.
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.