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: First Capital Lending LLC
251 Little Falls Drive
Wilmington, DE 19808
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Florida Bay. The project site is located at 75190 Overseas Highway, legally described as LOWER MATECUMBE KEY PT GOVT LOT 1; in Section 21, Township 64 South, Range 36 East, Islamorada, Monroe County, Florida 33036. (MM±75.2-Bay) (RE# 00097800-000000).
Directions to the site are as follows: From Miami Drive South on US-1 (Overseas Highway), to approximately mile marker 75.2, the project site is located at 75190 Overseas Highway.
APPROXIMATE CENTRAL COORDINATES: Latitude: 24.862454° North
Longitude: -80.717387° West
Basic: The basic project purpose is to abandon portion of a basin and install a seawall for shoreline stabilization; restore water quality and depth at an existing basin, improve navigability, and mooring.
Overall: The overall project purpose is to abandon portion of a basin and install a seawall for shoreline stabilization; conduct maintenance dredge to restores quality and depth; install a boat-ramp and two boatlift to improve boating access and mooring at a single-family residence in Islamorada, Monroe County, Florida.
EXISTING CONDITIONS: The project site is a developed subdivision of Islamorada, Monroe County, Florida. The property supports a single-family residence with an upland-cut boat basin and access channel immediately adjacent to Lower Matecumbe Bight. The basin is armored with a concrete seawall, two marginal wood docks and riprap revetment. According to a benthic survey submittedby the applicant to the Corps, the boat basin bottom consist of several inches of silt and sediment and the access channel bottom consists of several feet of silt and sediment, both areas had debris such as ropes, timber, and metal throughout. Two individual massive starlet corals were documented on two separate boulders associated with the riprap wall along the eastern bulkhead within the basin and channel. Within the boat basin the benthic revealed an area of seagrass consisting of turtle grass (Thalassia testudinum) and shoal seagrass (Halodule wrightii). The proposed project was designed to avoid direct impacts to corals, seagrasses, or other SAV.
PROPOSED WORK: The applicant seeks authorization to (1) conduct maintenance dredging within 478.69 square feet (ft²) to remove a maximum of 113.02 cubic yads (y³) of silt material and debris accumulated on the access channel of the existing boat basin; (2) to abandon portion, 521.35 ft², of the existing basin by placing 125.23 cubic yards (y³) of clean fill material; (3) to install a 201’.4” long, 369.1 ft², vinyl sheet pile seawall with a concrete cap; (4) to construct a new boat-ramp by placing 60.83 y³ of fill material within 597.89 ft² and 6” concrete panels; (5) to install a 27,000 pound capacity boatlift and a 10,000 pound capacity elevator boatlift; and (6) to remove two existing marginal wood docks, as depicted on the enclosed work set of plans (13-pages). Temporarily turbidity curtains will be deployed and will remain in place for the duration of all in-water activities, in/over waters of the United States. Work is in/over U.S. navigable waters in accordance with the enclosed site plans. The project is further described in the enclosed project exhibits (13-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:
A dewatering station consisting of a container with temporary silt fence around the entire perimeter of the container will be install on an upland area of the property, as depicted on sheet 9 of 13 of the enclosed work plans. Upon completion of the dewatering process all dredged material and construction debris will be disposed on an approved landfill. Temporarily turbidity curtains will be deployed and will remain in place for the duration of all in-water activities, in/over waters of the United States.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed surface water impacts are located within the upland cut boat
basin that was previously dredged and bordered by bulkheads. The proposed backfilling and maintenance dredging will reduce flushing time, reduce nutrients, increase water quality and increase dissolved oxygen. The proposed bulkheads are designed to be a vinyl sheet pile bulkhead for filled areas and shoreline stabilization that will support the proposed development and in-water recreational activities. Since no adverse impacts to corals, seagrasses or SAV are expected, and water clarity and quality will improve on-site conditions, no compensatory mitigation is proposed by the applicant.
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”, where no further consultation with the Service is necessary. This determination is based on the applicant following the standard Manatee construction conditions for the proposed activity. 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 00097800-000000and is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for any other species within the project area.
The Google Earth Resource at Risk (RAR) report for the subject parcel included the Piping Plover (Charadrius melodus) and Roseate tern (Sterna dougallii): According to the Multi species recovery plan the piping plover does 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 piping plover habitat as the project site is located within an armored channel and basin system and within a highly developed community; therefore, a no effect determination has been reached on the species.
The Corps has made an initial determination that the proposed project may affect but is not likely to adversely affect the swimming sea turtles, smalltooth sawfish, Nassau grouper, and giant manta ray. The project is not located within the above-mentioned species’ critical habitat; therefore, a no effect determination was reach on their critical habitat. The Corps will consult with NOAA-NMFS PRD via a separate letter.
The Corps has made an initial determination that the proposed project will have no effect on the Acorpora sp. and its designated critical habitat, and on listed corals species (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). No further consultation with the PRD is required.
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 2,134 square feet of submerged bottom 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.
Navigation: The proposed activity and structures are not located in the vicinity of a federal navigation channel.
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 January 18th, 2023 ).
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 786-920-7183.
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.
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 Florida Department of Environmental Protection (FDEP).
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.