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: Islamorada, Village of Islands
C/o Ted Yates
86800 Overseas Highway
Islamorada, Florida 33036
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Florida Bay and the Atlantic Ocean. The project sites consist of 5 culvert locations located throughout Islamorada between mile marker 74 and 75 in Section 20, Township 64 South, Range 36 East, Islamorada, Monroe County, FL.
Directions to the site are as follows: Take U.S. 1 South to MM 75-74; Projects located between MM 75 and 74.
APPROXIMATE CENTRAL COORDINATES:
Culvert 1 (Canals 155 & 153 off of Palm Drive)
Latitude 24.853272° Longitude -80.0735493°
Culvert 2 (Canal 152 off of White Marlin Blvd)
Latitude 24.856000° Longitude -80.731736°
Culvert 3 (Canal 150 & 152 off of Lake View Drive & Gulfview Drive)
Latitude 24.856294° Longitude -80.730828° (Westside on Lake View Drive)
Latitude 24.856449° Longitude -80.730259° (Eastside on Gulfview Drive)
Culvert 4 (Canals 150 & 151 Sandy Cove Avenue)
Latitude 24.860067° Longitude -80.725554°
Culvert 5 (Canals 155 & 157 off of Overseas Highway)
Latitude 24.852923° Longitude -80.735661° (Northside of Overseas Highway)
Latitude 24.852331° Longitude -80.735255° (Southside of Overseas Highway)
PROJECT PURPOSE:
Basic: To provide increased water quality.
Overall: To provide increased water quality in Islamorada, Florida.
EXISTING CONDITIONS: The proposed culverts 1 through 5 are located on Lower Matecumbe Key of Islamorada in Monroe County, Florida (Figure 1 – aerial map). The goal of the proposed improvements is to restore the impaired waters of the canals by increasing water circulation and dissolved oxygen levels through improved tidal flow to meet State 62-302 Class III marine water quality standards. Once completed, the installed culverts will help facilitate natural benthic community establishment by improving water quality within these canals through increased tidal flushing of stagnant portions of the canal systems.
Figure 1. Aerial map with culvert locations.
CULVERT 1 (Palm Drive)
Culvert 1 is located on the Gulf of Mexico side of Lower Matecumbe Key on Palm Drive immediately off of US-1. The culvert will connect Canal 155, where it runs parallel between Willow Lane and US-1, and the mangroves across Palm Drive. There is a wall of trimmed red mangroves (Rhizophora mangle) and buttonwoods (Conocarpus erectus) on either side of Palm Drive with an area on the east side trimmed to make a “window” looking through the mangroves. The western waterway is characterized by high turbidity and a sandy bottom with very little benthic resources growing on the bottom or on the mangrove roots. No other resources were observed in Canal 155.
CULVERT 2 (White Marlin Blvd)
Culvert 2 is located on the Gulf of Mexico side of Lower Matecumbe Key and is on White Marlin Boulevard. The culvert will connect Canal 152 and the mangrove forest on the east side of White Marlin Boulevard. There are remnants of a concrete pipe adjacent to the proposed culvert at this site. Vegetation includes red mangroves, white mangroves (Laguncularia racemosa), buttonwood, and Australian pine (Casuarina equisetifolia).
CULVERT 3 (Lake View Drive & Gulfview Drive)
Culvert 3 is located on the Gulf of Mexico side of Lower Matecumbe Key. It is proposed to cross Gulfview Drive connecting Canal 150 with Canal 152. Canal 150 is surrounded by a seawall in an upland area. Vegetation includes nicker bean (Caesalpinia sp.), sea grape (Coccolobauvifera), autograph tree (Clusia rosea), buttonwood, gumbo limbo (Bursera simaruba), Brazilian pepper (Schinus terebinthifolia), and St. Augustine grass (Stenotaphrum secundatum). Canal 152 is also mostly surrounded by a straight-wall seawall. Barnacles (Cirripedia), Caulerpa macroalgae (Caulerpa sp.), and manatees (Trichechus manatus) were observed during the site investigation. Vegetation includes white mangroves and portia tree (Thespesia populnea).
CULVERT 4 (Sandy Cove Avenue)
Culvert 4 is located on the Gulf of Mexico side of Lower Matecumbe Key. It is proposed to cross Sandy Cove Ave connecting Canal 150 with Canal 151. Canal 150 is bordered by red mangroves and black mangroves (Avicennia germinans), sea grape, buttonwood, and beach creeper (Ernodea littloralis). In the middle of the area the mangroves narrow in cover heading towards the south. Oysters and encrusting sponges were seen on the mangrove roots. Canal 151 was shallower and had poorer water quality but also had oysters (Isognomon alatus) and encrusting sponges on the mangrove roots. Many fish species were observed including grunts, juvenile barracuda (Sphyraena barracuda), and mangrove snapper (Lutjanus griseus). No seagrass was seen within the mangrove dripline of Canal 150 or Canal 151.
CULVERT 5 (US-1)
Culvert 5 is located on Lower Matecumbe Key and is proposed to cross US-1. It will connect Canal 155 to Canal 157. The southern side of US-1 is bordered by red and black mangroves, portia tree, and Brazilian pepper. There are also concrete and asphalt debris mounds in the area. The northern side along Canal 155 has vegetation including buttonwood and some red mangroves.
PROPOSED WORK: The applicant seeks authorization to conduct the following work:
For culvert 1 (Palm Drive)- To mechanically excavate 174 cubic yards of wetlands within a 293 square foot area, to dredge 55 cubic yards of sediment within a 92 square foot area approximately to -8 feet mean low water to accommodate the installation of two 4 foot by 4 foot concrete box culverts under Palm Drive, to place 199 cubic yards of fill for the placement of the concrete culverts and riprap revetment within a 334 square foot area, to install manatee exclusion grates at each end of the culverts, and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. The project would result in a total of 1,483 square feet of wetlands for the construction of culvert 1.
For culvert 2 (White Marlin Blvd)- To mechanically excavate 89 cubic yards of wetlands within a 147 square foot area, to dredge 41 cubic yards of sediment within a 68 square foot area approximately to -8 feet mean low water to accommodate the installation of two 4 foot by 4 foot concrete box culverts under White Marlin Blvd, to place 329 cubic yards of fill for the placement of the concrete culverts and riprap revetment within a 205 square foot area, to install manatee exclusion grates at each end of the culverts, and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. The project would result in a total of 995 square feet of wetlands for the construction of culvert 2.
For culvert 3 (Lake View Drive & Gulfview Drive)- To mechanically excavate 96 cubic yards of wetlands within a 160 square foot area to accommodate the installation of two 4 foot by 4 foot concrete box culverts under Lake View Drive & Gulfview Drive, to place 108 cubic yards of fill for the placement of the concrete culverts and riprap revetment within a 180 square foot area, to install manatee exclusion grates at each end of the culverts, and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. The project would result in a total of 1,246 square feet of wetlands for the construction of culvert 3.
For culvert 4 (Sandy Cove Avenue)- To mechanically excavate 279 cubic yards of wetlands within a 469 square foot area, to dredge 57 cubic yards of sediment within a 95 square foot area approximately to -8 feet mean low water to accommodate the installation of two 4 foot by 4 foot concrete box culverts under Sandy Cove Avenue, to place 308 cubic yards of fill for the placement of the concrete culverts and riprap revetment within a 515 square foot area, to install manatee exclusion grates at each end of the culverts, and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. The project would result in a total of 1,851 square feet of wetlands for the construction of culvert 4.
For culvert 5 (US-1)- To mechanically excavate 284 cubic yards of wetlands within a 477 square foot area, to dredge 40 cubic yards of sediment within a 66 square foot area approximately to -8 feet mean low water to accommodate the installation of two 4 foot by 4 foot concrete box culverts under US-1, to place 332 cubic yards of fill for the placement of the concrete culverts and riprap revetment within a 558 square foot area, to install manatee exclusion grates at each end of the culverts, and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. The project would result in a total of 2,476 square feet of wetlands for the construction of culvert 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: Work limited to areas required to accommodate proposed culverts. Adjacent wetland areas will be avoided. Turbidity screens will be deployed to isolate the construction site from ambient waters.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The proposed project is part of a larger restoration effort within Monroe County to increase water quality within canal systems and near-shore waters with the goal bringing them into compliance with State and Federal standards. These canals exhibit little-to-no tidal influence and flushing leading to nutrient build-up and poor oxygenation. The proposed culverts will help mitigate these issues and encourage the colonization of benthic and marine wildlife.
The proposed project also includes a restoration and monitoring plan to replant native vegetation in the project footprint. This restoration plan along with the environmental improvements resulting from the culvert installation are anticipated to create an overall net environmental improvement for the project area.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 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-N-O-P5 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), and the smalltooth sawfish (Pristis pectinata) species. A no effect determination was reached on Acorpora sp. and its 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.
The project is located within American crocodile (Crocodylus acutus) the designated critical habitat area. According to the 28 October 2014 American Crocodile Key, the property does not support suitable nesting habitat for the crocodile as the shoreline is heavily vegetated. 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.
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 8,051 square feet of intertidal area utilized by various life stages of marine species including spiny lobster, snapper grouper, and bluefish. 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 SW 107th Avenue, Suite 203, Miami, Florida 33176 or via email at Maria.I.Bezanilla@usace.army.mil (preferred) 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, Maria Bezanilla, in writing at the Florida Keys Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida, 33176; by electronic mail (preferred) at Maria.I.Bezanilla@usace.army.mil; by telephone at (786) 795-1976.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP) or 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.