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: William and Brenda Sport
28 Dilly Tree
Key Largo, Florida 33037
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a residential canal adjacent to the Atlantic Ocean. The project site is located at 16 Harbor Island Drive, Ocean Reef, in Section 13, Township 59 South, Range 40 East, Key Largo, Monroe County, Florida (RE Number 00573670-005600).
Directions to the site are as follows: Take US Highway 1 North to Card Sound Road to Ocean Reef gate. Continue on Gatehouse Road. Right at South Harbor Drive. Left at South Bridge Lane. Left at Harbor Island to the site address.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is to provide water access for vessels
Overall: The overall purpose is to provide water access in for a single-family residence at 16 Harbor Island Drive, Key Largo, Monroe County Florida.
The project site is an undeveloped lot that is located within subdivision which is mostly developed on Key Largo. The property is situated along a canal that flows into the Atlantic Ocean. The lot supports a single-family residence, and the shoreline is stabilized by mature red mangroves. An aquatic survey was not submitted with the application.
PROPOSED WORK: The applicant seeks authorization to improve water access by installing a new 744 square foot T-shaped dock and a boatlift.
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 start of construction, turbidity curtains will be deployed to isolate the construction site from ambient waters. These will remain in place until 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" and the "Eastern Indigo Snake Guidelines" throughout construction.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If compensatory mitigation is required by the Corps, the appropriate mitigation will be determined with a Uniform Mitigation Assessment Methodology (UMAM) and payment made to the Keys Restoration Fund.
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.
THREATENED OR ENDANGERED SPECIES:
The Corps has determined the proposed 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-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 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 the Eastern Indigo Snake. Use of The Corps of Engineers, Jacksonville District and the U.S. Fish and Wildlife’s Indigo Snake Key dated 1 August 2017 resulted in a path of A-B-C-D-E, not likely to adversely affect. A determination of “not likely to adversely affect” was made for the Indigo snake provided the General Permit verification includes the special conditions for the Eastern Indigo Snake Protection Measures during construction and the permit will be conditioned such that all gopher tortoise burrows, active or inactive, shall be evacuated via methods pursuant to FWC excavation guidance prior to site manipulation in the vicinity of the burrows. Additionally, holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area with work stopping if an indigo snake is discovered.
In addition, 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 as the shoreline consists of mature red mangroves. 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 for the American crocodile and its suitable nesting habitat.
The Corps has determined that the project may affect the Key Largo Cotton Mouse (Peromyscus gossypinus allapaticola) and the Key Largo Woodrat (Neotoma floridana smalli). The Corps will request initiation of formal consultation with the Fish and Wildlife Service (FWS) pursuant to Section 7 of the Endangered Species Act by a separate letter.
The Corps has determined the proposed project may affect but is not likely to adversely affect the Schaus Swallowtail Butterfly (Heraclides aristodemus ponceanus). Use of the July 29, 2013, Schaus Swallowtail Butterfly Assessment Guide resulted in the pathway A-B, “May affect not likely to adversely affect.” Therefore, the Corps has reached a “may affect not likely to adversely affect” determination for the Schaus Swallowtail Butterfly.
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), Giant Manta Ray, smalltooth sawfish (Pristis pectinata), Acorpora sp. and it’s 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 by separate letter.
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 by the removal of approximately 744 square feet of submerged bottom consisting of red mangrove roots 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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33450 or via email at email@example.com (preferred) within 15 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, Paula Bratschi, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33450; by electronic mail at firstname.lastname@example.org ; or, by telephone at (561) 472-3532.
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.