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: Mr. Stuart Pullen
21 Hunter Heath Drive
North Topsail Beach, North Carolina 28460
WATERWAY AND LOCATION: The project would affect waters of the United States associated with an unnamed canal that flows into Florida Bay. The project site is located at 29691 Constitution Avenue legally described as Block 2 Lot 33 of PINE CHANNEL EST SEC ONE BIG PINE KEY, Section 27, Township 66 South Range 39 East, Big Pine Key, Monroe County, Florida 33043. (MM±30) (RE# 00248010-000000)
Directions to the site are as follows: U.S. Highway 1 to mile marker 30 ±. Turn Right at Ships Way, then left on Constitution Avenue. The proposed project location is on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.671290°
Longitude -81.368545°
PROJECT PURPOSE:
Basic: To provide shoreline stabilization and safe water access and mooring.
Overall: To provide shoreline stabilization and safe water access and mooring on Big Pine Key, Monroe County, Florida.
EXISTING CONDITIONS: The proposed project is located along the shoreline at the terminus of a manmade canal flowing into Florida Bay. The majority of the shoreline of the canal has been improved with stabilization and moorage. No seagrasses, corals, or mangroves are documented within the project footprint. The shoreline within the proposed project footprint has not been stabilized, and there is a small wooden dock. The uplands consist of a single-family residence and manicured lawn with ornamental plants.
PROPOSED WORK: The applicant seeks authorization to construct a dock and a seawall and install a boatlift. The existing wooden steps and dock would be removed. Above the mean high waterline sixteen 16-inch diameter auger piles would be driven and filled with concrete. Two pre-cast 12-inch diameter concrete piles would be driven with a drop punch and impact hammer below the mean high water line along the shoreline of the eastern terminus of the canal. Up to 10-cubic yards of 2 to 4-feet diameter riprap would be placed along 20-linear feet of the eastern terminus shoreline. A 12-foot by 20-foot concrete cap would then sit on top of the riprap and piles. The remainder of the work consists of placing a 52-foot by 6-foot concrete cap along the caprock of the southern shoreline of the project area with access steps formed into the cap and the installation of a 10-foot by 11-foot boat lift. 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 (Sheets 1-5).
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:
The applicant would be employing best management practices such as turbidity curtains and erosion control measures. The majority of the proposed project would be located in the uplands and avoid impacts to waters of the U.S. The applicant agrees to comply with the “Protected Species Construction Conditions”, and 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.
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. The 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. 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 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.
Bartram’s hairstreak butterfly (Strymon acis bartrami) and Bartram’s hairstreak designated critical habitat (CH): The species have not been observed on Big Pine Key since 2016. So, they are likely extirpated from the Keys. Also, the physical and biological features of their CHs generally would not be affected by construction activities with affects that reach within the CH, but rather by direct removal of its host plant or the use of pesticides. Based on information available a no effect determination has been reached on these species and CH. No further consultation with the FWS is required.
Florida leafwing butterfly (Anaea troglodyta floridalis) and Florida leafwing butterfly designated critical habitat (CH): The species have not been observed on Big Pine Key since 2006. So, they are likely extirpated from the Keys. Also, the physical and biological features of their CHs generally would not be affected by construction activities with affects that reach within the CH, but rather by direct removal of its host plant or the use of pesticides. Based on information available a no effect determination has been reached on these species and its CH. No further consultation with the FWS is required.
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 is not immediately adjacent or contiguous to waters accessible to the crocodile. Use of the Key resulted in the sequence #2. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its suitable nesting habitat. No further consultation with the FWS is required for the American crocodile.
Key Deer (Odocoileus virginianus clavium): Potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated 29 July 2013. The project is located in Big Pine Key or No Name Key. Use of the SAGs resulted in the following sequential determination: A > B (1)- refer to HCP. The project is located within the developed land classification and supports an existing residence. The project purpose is for recreational purposes which will require the removal of vegetation. The applicant does not propose any fencing and/or will comply with the May 2012 Key Deer Fencing Guidelines. Based on the information provided above the project is located within the boundaries of the Service’s Biological Opinion (BO) to the Federal Emergency Management Agency (FEMA) for issuance of new flood insurance policies in potentially suitable habitat for federally listed species in Monroe County, Florida (Service Consultation Code: 2006-F-1005; Service 2010; FEMA BO) and complies with the HCP. The FEMA BO evaluated the effects of activities on several species within the Florida Keys, including but not limited to the indigo snake, LKMR, Key deer and silver rice rat. Take associated with this project for the indigo snake, LKMR, Key deer, and silver rice rat shall be addressed during consultation with Monroe County under the FEMA BO. As such, this project falls within the scope of activities evaluated; consequently, additional consultation for these species is not needed.
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),
smalltooth sawfish (Pristis pectinata), and Nassau grouper species. A no effect
determination was reached on Acorpora sp. 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.
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 240 square feet of submerged bottom habitat utilized by various life stages the of penaeid shrimp complex, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. 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 structure is not located in the vicinity of a federal navigation channel.
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 107th Street, Suite 203, Miami, Florida 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, Jason Sweeney, in writing at the Florida Keys Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at jason.t.sweeney@usace.army.mil; or, by telephone at (305)619-0675.
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 is required from the Florida Department of Environmental Protection (FDEP). FDEP verified that the proposed structure is exempt under Chapter 62-330.051(5)(c) in File No. 44-426836-001-EE, dated November 21, 2022, which provides Water Quality Certification.
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.