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 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Ronald L Anderson
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 841 W. Ocean Drive, in Section 8, Township 66 South, Range 33 East, Key Colony Beach, Monroe County, FL, 33051. RE/00078790-000000
Directions to the site are as follows: US Highway No 1 South to mile marker 54. Right at Sadowski Causeway. Right at W Ocean Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.718395°
PROJECT PURPOSE: The purpose of the project is to provide vessel mooring and to remove the vessel from the water when not in use.
Basic: The basic project purpose is to provide vessel mooring.
Overall: The overall project purpose is to provide vessel mooring in Key Colony Beach, Monroe County, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The shoreline is a sandy beach. The existing area surrounding the project area consists of a residential area. No corals or mangroves were indicated to be onsite. Seagrasses are onsite.
PROPOSED WORK: The applicant seeks authorization to construct an 8’ X 20’ dock with a 3.5’ X 115’ access walk, and a 20,000# (11’.5 X 14’) cradle boat lift. Temporary turbidity curtains will be deployed for the duration of all construction activities, in/over navigable waters of the United States.
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:
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. The applicant agrees to comply with the “Standard Manatee Conditions for In-Water Work – 2011”. The applicant agrees to comply with the “Sea Turtle and Smalltooth Sawfish Construction Conditions”. The applicant agrees to comply with the “Eastern Indigo Snake Guidelines”.
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. If mitigation is required by the D.E.P. we propose payment to the Everglades Mitigation Bank.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the endangered species or its designated critical habitat. The Corps requested Fish and Wildlife Service's concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter. The real estate parcel number is RE/00078790-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.
West Indian (Florida) manatee (Trichechus manatus): 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 or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated 25 April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > G >H>I>N > O>P4 “MANLAA.” This determination is partially based on the applicant following the standard manatee construction precautions for the proposed activity. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
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 project site contains suitable nesting habitat for the crocodile, and the proposed project may impact a small area of suitable nesting habitat. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its suitable nesting habitat. Further consultation with the FWS is required for the American crocodile.
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.
Piping plover (Charadrius melodus) and Roseate tern (Sterna dougallii): According to the Multi species recovery plan the aforementioned species do not breed in Florida, but may winter in Florida. The PCEs for the species are found in geographically dynamic coastal areas that support intertidal beaches and flats (between annual low tide and annual high tide), and associated dune systems and flats above annual high tide. The property does support a near shoreline intertidal sandy area and a shoal area suitable for foraging; however, the project is a pile-supported structure. Therefore, no impacts to suitable forage habitat is expected. As such, a no effect determination has been reached on piping plover and Roseate tern. No further consultation with the FWS is required.
Key tree cactus (Pilosocereus robinii): The proposed project is not removing or making modifications to the Key tree-cactus native habitat. Potential impacts to the Key tree cactus were evaluated using the Key Tree Cactus Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B (1), “may affect, but not likely to adversely affect” for the listed species. 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.
Stock Island tree snail (Orthalicus rese, not incl. nesodryas): The proposed project is not removing or making modifications to the Stock Island tree snail native habitat. Potential impacts to the Stock Island tree snail were evaluated using the Stock Island tree snail Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B (2), “may affect, but not likely to adversely affect” for the listed species. 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 nesting: green sea turtles (Chelonia mydas), loggerhead sea
turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley bsea turtles (Lepidochelys kempii), and leatherback sea turtles (Dermochelys coriacea) as this site is a known nesting beach. Further consultation with the FWS is required for the nesting turtles.
The Corps has determined that the project will have no effect on any other listed threatened or endangered species, and/or designated critical habitat.
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 bturtles (Caretta caretta), 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) bspecies. A no effect determination was reached on Acorpora sp. and its designated bcritical habitat, loggerhead sea turtle and smalltooth sawfish critical habitat, and coralsb 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. The proposal would impact approximately 651 sqft 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 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.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Florida Keys Permits Section 9900 Southwest 107 Avenue, Suite 203, Miami, Florida, 33176, within 21 days from the date of this notice (i.e. on or before August 17th, 2022).
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, Maena C Angelotti, in writing at the Florida Keys Permits Section 9900 Southwest 107th Avenue, Suite 203, Miami, Florida, 33176; by electronic mail at Maena.C.Angelotti@usace.army.mil; or, by telephone at (305)-526-7183.
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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Department of Environmental Protection.
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.