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: Monroe County, Key West International Airport
c/o Richard Strickland
3491 South Roosevelt Boulevard
Key West, FL 33040
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site, known as Key West International Airport, Commercial Apron, is located at 3491 South Roosevelt Boulevard, in Section 03, Township 68 South, Range 25 East, Key West, Monroe County, Florida 33040.
Directions to the site are as follows: From US-1 (Overseas Highway), entering Key West, turn south on South Roosevelt Boulevard. Access to the main entrance of the Key West International Airport is provided by traveling south on South Roosevelt Boulevard (State Road A-1-A).
APPROXIMATE CENTRAL COORDINATES: Latitude: 24.554275° North
Longitude: -81.753721° West
Basic: The basic project purpose is for Key West International Airport (EYW) improvements.
Overall: The overall project purpose is to improve the EYW by expanding the existing Commercial Apron to improve aircraft operation and passenger safety, in Key West, Monroe County, Florida.
EXISTING CONDITIONS: The project area is an existing international airport in Key West, Monroe County, Florida. The Airport is located on 334 acres of land in the southeast corner of the island of Key West. The 41,000-square-yard commercial apron, also referred to as commercial ramp, is located along the south side of Taxiway A and east of Taxiway 4A. The area surrounding the project site to the south is Roosevelt Boulevard followed by open waters of the Atlantic Ocean, to the east a wetland system consisting of saltmarshes and mangrove forests and to the north and west, the project areas is bordered by other existing airport appurtenances. Soils within the area propose for impacts were identified as Urban Land, Key Largo muck, and Udorthents-Urban land complex. The property, EYW, is currently owned and managed by the Monroe County.
PROPOSED WORK: The applicant seeks authorization to expand the Key West International Airport existing Commercial Apron. The proposed work consists of the total development area of 4.467 acres (194,583-square feet (ft²)) which will result on the discharge of 9,200-cubic yards of fill material within 3.0 acres (130,288 ft²) of jurisdictional wetlands, as depicted on the enclosed work set of plans. The proposed expansion of the commercial apron, including signage, marking, and lighting, would add approximately 118,00 square feet of concrete/pavement. The proposed commercial apron improvement would provide eight ADGIII parking spaces that meet FAA airport design standards. Additionally, the expanded portion of the apron would accommodate a designated CBP parking position as well as aircraft parking positions to accommodate cargo and irregular operations. Temporary silt fences and turbidity barriers will be installed around the entire perimeter of the project area for the duration of all construction activities, in/over waters of the United State, as to avoid the displacement of fill material into adjacent U.S. waters, including wetlands. Work is in/over water of the U.S. in accordance with the enclosed site plans. The project is further described in the enclosed project exhibits.
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:
A temporary silt fence and turbidity curtains will be installed around the entire perimeter of the project area for the duration of all construction activities, in/over waters of the United State, as to avoid the displacement of fill material into adjacent U.S. waters, including wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment. Permittee responsible mitigation at Crawl Key is proposed to offset all unavoidable impacts. Time lag and risk will be a required component of any mitigation requirement.
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 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. 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 00064810-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the following species: the Eastern Indigo Snake (Drymarchon corais couperi), the Key Tree Cactus (Pilosocereus robinii), and the Stock Island Tree Snail (Orthalicus rese, not incl. nesodryas).
The subject parcel is listed on the FWS 2011 Suitable Habitat List for the 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 August 1, 2017 (Snake Key). Due to the permit being conditioned for use of the Service’s Standard Protection Measures for The Eastern Indigo Snake during site preparation and project construction, use of the Snake Key resulted in the following sequential determination: A > B > C > D (1), “may affect but is not likely to adversely affect”. Therefore, pursuant to the Snake Key, no further consultation with the FWS is required.
Potential impacts to the Key tree cactus were evaluated using the Key Tree Cactus Species Key, dated July 29, 2013, and resulted in the following sequential determination: A > B (1), “may affect, but not likely to adversely affect” for the listed species. The proposed project is occurring on previously disturbed beach and is not removing or making modifications to the Key tree-cactus native 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.
Potential impacts to the Stock Island tree snail (Orthalicus reses, not incl. nesodryas) were evaluated using the Stock Island Tree Snail Species Key, dated July 29, 2013, and resulted in the following sequential determination: A > B (1), “may affect, but not likely to adversely affect” for the listed species. The proposed project is occurring on previously disturbed habitat adjacent to the existing airport and is not removing or making modifications to the Stock Island tree snail native 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 will have no effect on 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) and its designated critical habitat, Acorpora sp. and its designated critical habitat, and listed corals species (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox).
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 3 acres, 130,288-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 30 days from the date of this notice (i.e. on or before September 21st, 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, Gletys Guardia-Montoya at the letterhead address, by electronic mail at Gletys.Guardia-Montoya@usace.army.mil, or by telephone at 783-920-7183.
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. 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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the South Florida Water Management District (SFWMD).
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.