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: Pumpkin Cay Garden Home Condo
C/o John E.D. Grunow, Jr.
1 Barracuda Lane
Key Largo, Florida 33037
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project is located in Pumpkin Cay Garden Homes along Unit 54 thru 90 in Section 07, Township 59 South, Range 41 East, Ocean Reef, Key Largo, Monroe County, FL.
Directions to the site are as follows: Take U.S. 1 South to Card Sound Road; Turn left onto 905 Highway; Merge onto Gatehouse Rd; Merge onto Anchor Rd; Turn right onto Pumpkin Cay Rd.
APPROXIMATE CENTRAL COORDINATES:
Latitude 25.322508°
Longitude -80.270631°
PROJECT PURPOSE:
Basic: To provide improved boating access and shoreline stabilization.
Overall: To provide improved boating access and shoreline stabilization in Key Largo, Florida.
EXISTING CONDITIONS: The parcels are located within the Ocean Reef Club. The parcel is a portion of a condominium complex and is found on Angelfish Key which was partitioned to create the Pumpkin Cay subdivision of the club of which the condominiums are a portion. The vast majority of the club has marine access to the Atlantic Ocean via canals and basins with the exclusion of Dispatch Creek, which is a naturally occurring tidally influenced water course. The condominiums abuts onto a residential canal that wraps around the north, east and south sides. The first section represents the northwestern seawall and the second section represents the southeastern seawall with the third section being the riprap revetment portions on the northern end of the canal. Section 1 measured approximately 305 linear feet. Section 2 measured approximately 390 linear feet. Section 3 measured +/- 217.5 circumlinear feet (curved). The work anticipated to be involved is adjacent to the seawalls on both sides of the canal as well as the north end of the canal where a riprap revetment is located. The northern portion of the subject condominium parcel is bordered on the west by a paved roadway (Marlin Lane), the southwest by another condominium not related to Garden Homes, the northeast by a riprap revetment and the south by a residential canal. The southern portion of the condominium parcel is bordered on the northwest by the residential canal, the northeast by the same rip rap revetment, the south by a paved roadway (Snapper Lane) and the southeast by another condominium as well not related to Garden Home. The northeastern end of the canal is not a concrete seawall but a large riprap revetment with stones ranging from 3 ft to 7 feet in length and as such does not have this same effect present. Instead in this area are present wooden docks which have large numbers of loose riprap scattered irregularly along the canal shoreline. The concrete footer bags have some coral colony development as did the concrete seawall faces (eastern side) and more so on the rip rap stones. The subject parcel contained 51 coral colonies, either Siderastrea siderea or Siderastres radians. The total area size of the colonies present was measured to be 1,962 square centimeters (sq. cm.). The total area of Sid. rad (40 colonies) measured 1,415 sq. cm. The total area of Sid sid ( 11 colonies) measured 547 sq. cm. The canal bottom was very silty and exhibited no biota at all. Areas wherein which wooden docks are currently present have very little to no (+/- 5 % biotic coverage, a few scattered stones) biota. No wetlands or seagrass is located within the project area.
PROPOSED WORK: The applicant seeks authorization to conduct the following work:
To remove the existing boat lifts and docks within the proposed project area to accommodate the new seawall work.
To excavate 250 cubic yards of riprap revetement within a 1,330 square foot area along a 217.5 circulmlinear feet riprap revetement to be replaced with a seawall and replace a 305 linear foot seawall section along the Northside and 390 linear foot seawall section along the southside resulting in the placement of 200 cubic yards of fill within a 443 square foot area.
Reinstall a 162 square foot jet ski floating dock along Unit #60
Reinstall/replace a boatlift along Unit #56, 58, and 76, to install new boat lifts along Unit #54, 68, 78, 80, 84, and to install two boat lifts along Unit #90.
To install a 192.5 square foot shared floating dock with associated gangway along unit #66 & 68 referenced as floating dock A, to install a 228 square foot shared floating dock with associated gangway along unit #70 & 72 referenced as floating dock B, and to install a 165 square foot floating dock with associated gangway for unit #88 referenced as floating dock C.
To install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters
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: Turbidity screens will be deployed to isolate the construction site from ambient waters. Impacts to non-listed corals will be coordinated/mitigated through the Florida Keys National Marine Sanctuary (FKNMS).
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If it is determined that the issuance of a DA permit is appropriate, mitigation will be required. The applicant has indicated that the mitigation proposal will be based on the Keys Restoration Fund (KRF). Time lag and risk will be a required component of any mitigation requirement.
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 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-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 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 hardened. 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.
According to the Multi species recovery plan the Piping plover (Charadrius melodus) species does not breed in Florida but may winter in Florida. The Roseate tern (Sterna dougallii) does breed in Florida. The property does not support nesting habitat for the Roseate tern. 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 property does not support foraging habitat for these species; therefore, the Corps has reached a “may affect not likely to adversely affect” determination for these species. No further consultation with the FWS is required.
Key Largo woodrat (Neotoma floridana smalli) and Key Largo cotton mouse (Peromyscus gossypinus allapaticola): The proposed work is located outside of native habitat for these 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 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.
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 2,533 square feet of intertidal area utilized by various life stages of marine species including lemon shark, Caribbean reef shark, sailfish, Skipjack tuna, sailfish, spiny lobster, and snapper grouper. 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 21 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.