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) and Section 404 of the Clean Water Act (33 U.S.C. § 1344) as described below:
APPLICANT: Bittner Dale Lee Revocable Trust 9/30/2013
Dale L. Bittner
10 Azalea Drive
Key West, FL 33040
WATERWAY AND LOCATION: The project would affect waters of the United States associated with canal system within the Atlantic Ocean. The project site is located at 63 Sugarloaf Drive; legally described as Tract G Replat Lots 1 and 2 Sugarloaf Shores PB7-33 in Section 3, Township 67 South, Range 27 East, Sugarloaf Key, Monroe County, Florida 33042 RE number (00163011-000700).
Directions to the site are as follows: From Miami, drive south on U.S. 1, Overseas Highway to mile marker ±17, turn left on Sugarloaf Boulevard, then take left on Sugarloaf Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.64527°
Basic: The basic project purpose is to construct residential housing
Overall: The project purpose is to construct a single-family residence in Sugarloaf Key, Monroe County, FL.
EXISTING CONDITIONS: The project site is an undeveloped residential lot located immediately adjacent to an unnamed Channel, leading to Upper Sugarloaf Sound. The are no known corals, or seagrasses within the project footprint; there is however 13,404 square feet of USACE jurisdictional wetlands and 3,850 square feet on mangroves on site.
PROPOSED WORK: The applicant seeks authorization to fill a vacant lot 13,101 square feet, install rip rap (392.8 square feet on the rear yard and 189 square feet on the side yard for a total of 581.8 square feet), the avoidance of 964 square feet of wetlands and 3,850 square feet of mangroves; 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: The applicant agrees to comply with the "Standard Manatee Conditions for In-Water Work – 2011", the "Sea Turtle and Smalltooth Sawfish Construction Conditions and “Eastern Indigo Snake Guidelines”. 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.
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: West Indian manatee (Trichechus manatus): 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 or its designated critical habitat. Use of the Key resulted in the sequence A > B > C > G > H > I > N > O > P (4), “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 will request Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
American crocodile (Crocodylus acutus): In addition, the project is located within American crocodile critical habitat. According to the 28 October 2014 American Crocodile Key, the property may support suitable nesting habitat for the crocodile; however, the proposed work will not impact the area of suitable habitat. Use of the Key resulted in the sequence #3 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.
Piping plover (Charadrius melodus) and Roseate tern (Sterna dougallii): The project is located within the species consultation area, however there will be no adverse impacts to the species foraging or nesting habitats. Atlantic Coast plovers’ nest on coastal beaches, sand flats at the ends of sand spits and barrier islands, gently sloped fore dunes, sparsely vegetated dunes, and wash over areas cut into or between dunes. Breeding and wintering plovers feed on exposed wet sand in wash zones; intertidal ocean beach; wrack lines; wash over passes; mud-, sand-, and algal flats; and shorelines of streams, ephemeral ponds, lagoons, and salt marshes by probing for invertebrates at or just below the surface. They use beaches adjacent to foraging areas for roosting and preening. Small sand dunes, debris, and sparse vegetation within adjacent beaches provides shelter from wind and extreme temperatures. While the project is located on a coastal beach habitat, no impact to native /natural habitat is proposed, therefore the Corps has determined that the project will have no effect on the species.
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 1 August 2017 (Snake Key). 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.
Lower Keys marsh rabbit (Sylvilagus palustris hefneri): 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: The project is not located on Big Pine Key or No Name Key. Use of the SAGs resulted in the following sequential determination: A > F, “not likely to adversely affect (NLAA)”. 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.
Silver rice rat (Oryzomys palustris natator): 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 > E (2), “may affect, but not likely to adversely affect.” This determination is partially based on the applicant being provided with 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.
Key Deer (Odocoileus virginianus clavium): 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; 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 real estate parcel number is 00163011-000700 is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 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. no effect 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.
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. 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.
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, Danielle D’Amato, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by telephone at (904)-232-2166 or by electronic mail at Danielle.S.D’Amato@usace.army.mil.
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.