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: Ramiro Gonzalez, PO Box 607, Long Key, FL, 33001
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Florida Bay. The project site is located at 65821 Overseas Highway 302, in Section 7, Township 65 South, Range 35 East, Long Key, Monroe County, FL, 33001, RE#00386571-029900.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.806407°
Basic: The project purpose is to remove a vessel from the water when not in use.
Overall: The overall project purpose is to remove a vessel from the water when not in use for a property owner in Long Key, Monroe County, FL.
EXISTING CONDITIONS: There is no onsite vegetation or upland vegetation within the project area. The existing area surrounding the project area consists of developed lots. There are no mangroves, corals or seagrasses within the project area.
PROPOSED WORK: The applicant seeks authorization to install a 10k side elevator boatlift. Turbidity curtains will be deployed prior to construction and will remain in place until water quality has returned to pre-construction conditions.
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 which 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 required by the ACOE, the applicant shall make payments to the Keys Restoration Fund Program to offset unavoidable impacts to wetlands.
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 West Indian manatee (Trichechus manatus) or its designated critical habitat. Use of the Key resulted in the sequence A-B-C-G-H-I-N-O-P4 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 has concurrence with this determination pursuant to the Effect Determination Key for the manatee dated April 2013.
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), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata), Nassau grouper (Epinephelus striatus); Acorpora sp. and its designated critical habitat, loggerhead sea turtle, 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.
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 project site is not within optimal habitat for these species as the project is located within a canal system or dredged channel. Based on information available a no effect determination has been reached on these species and its native habitat. No further consultation with the FWS is required.
American crocodile (Crocodylus acutus): The proposed work is located outside of native habitat for this species and work is limited to in-water activity. 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 real estate parcel number is 00386571-029900 and is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.
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 2 square feet marine habitat 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 Keys Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL, 33176 within 30 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, Nicole Etzel, in writing at the Miami Permits Section, 9900 SW 107th Ave, Suite 203, Miami, FL, 33176; by electronic mail at Nicole.firstname.lastname@example.org; or, by telephone at (786)696-4609
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.