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: Marathon, LLC
C/o David La Clair
108 Old House Point Circle
Yorktown, VA 23692
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 775 107th Street Ocean, 796 and 797 106th Street Ocean in Section 06, Township 66 South, Range 33 East, Marathon, Monroe County, Florida RE# 00104260-000000, 00104430-000300, & 00104430-000200.
Directions to the site are as follows: Take U.S. 1 South to Overseas Highway to MM52.5; Turn left onto 107th Street; Project located at terminus of road.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.726455°
Longitude -81.039104°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve boating access.
Overall: The overall project purpose is to improve boating access within Marathon Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The property is going through a proposed redevelopment plan to construct 16-residential units with 10-wet slips. The property currently supports an existing hurricane-damaged dock, rock jetty, and aged concrete cantilever seawall cap/dock that fronts a dredged mooring bay on the Atlantic side of Marathon Key, and a mangrove-forested western edge of the property on a dredged residential canal. Seaward of the breakwater the substrate was nearly flat and had a soft silt or carbonate composition. Under and west of the existing dock piles, the substrate sloped gently upward and was a mix of silt, sand, carbonate fines, and shell hash. The mooring area between the breakwater and concrete seawall was almost uniform in depth (~10’) and covered in a thick layer of silt/muck/carbonate fines. The seawall was an old concrete cantilever structure with occasional boulders or concrete structures lying at the base, quickly transitioning to the deep, soft sediments characterizing the mooring area. The back canal where the boat ramp will be installed was approximately two feet deep and heavily silted over.
Corals and seagrass resources were both recorded within the survey area. Mixed beds of Shoalweed (Halodule wrightii) and Turtlegrass (Thalassia testudinum) were seaward of the breakwater. The mixed seagrass bed at the southwest portion of the breakwater had BBCA scores of 3 (25-50% coverage) for H. wrightii and 1 (less than 5% coverage) for T. testudinum. The seagrass bed south of the breakwater had BBCA scores of 2 (5-25% coverage) for H. wrightii and 1 (less than 5% coverage) for T. testudinum. Calcareous green algae (Penicillus spp. and Halimeda spp.), fleshy green macroalgae (Caulerpa racemosa, C. sertularioides, C. taxifolia, and Batophora spp.), and Sargassum spp. were common on the breakwater, calcareous flat, and canal. The encrusting Shallow-water Starlet Coral (Siderastrea radians) was the only coral species encountered. Large Loggerhead Sponges (Spheciospongia vesparium) heavily colonized the breakwater. The Mangrove Tunicate (Ecteinascidia turbinata) and Atlantic Winged Oyster (Pteria colymbus) were attached to boulders in the back canal, while several Upside-down Jellyfish (Cassiopeia spp.) rested on the substrate. The seawall had many Lettuce Sea Slugs (Elysia crispata) grazing on the filamentous algae growing on it. Caribbean Spiny Lobsters (Panulirus argus) found refuge in rock crevices in the breakwater. Gray Snapper (Lutjanus griseus), Sergeant major (Abudefduf saxatilis), and Great Barracuda (Sphyraena barracuda) were observed.
The project footprint and buffer area contained 107 coral colonies and mixed seagrass beds. Coral colonies were only recorded from the breakwater boulders and concrete seawall and associated boulders. Siderastrea radians was the only coral taxa found in the surveyed area. The corals located along the seawall had a total coverage of 1,740 cm2 and those on the breakwater covered 2,356 cm2. Removal and replacement of existing dock piles has the potential to impact corals via turbidity or displacement of breakwater boulders hosting corals, but as the dock piles had no attached corals and replacement piles will be placed into existing holes once existing piles are removed, impact should be minimal. Replacement of the existing concrete cantilever will not require any in-water construction and should not impact the existing corals on the seawall. The proposed finger docks have the potential to impact the sparse seagrass beds seaward of the breakwater during pile installation, dock shading, and prop wash during seaward docking maneuvers. No protected marine species were found in the back canal survey area.
PROPOSED WORK: The applicant seeks authorization to repair a 1,251 square foot “L”-shaped dock, to install “no mooring” signs and install permanent hand railing within the designated no mooring areas, to replace the existing concrete cantilevered beams along the seawall section, to construct a private boat ramp resulting in 6.5 cubic yards of fill within a 175 square foot area, to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters, and to avoid 6,186 square feet of remaining wetland shoreline.
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 proposes to avoid 6,186 square feet of remaining wetland shoreline. 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: 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 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 U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect (“MANLAA”) the West Indian manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: A-B-C-G-H-I-N-O-P1 “may affect, but is 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. Use of the Key resulted in the sequence #2 may affect, not likely to adversely affect. The Corps has concurrence with this determination pursuant to the Effect Determination Key dated October 2014.
Eastern Indigo Snake (Drymarchon corais couperi): Since critical habitat has not been designated for the indigo snake, potential impacts to D. c. couperi were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key dated 1 August 2017 (Snake Key). Use of the key resulted in the following sequential determination: A > B > C > D (1), “may affect, not likely to adversely affect (MANLAA)” for the snake. This determination is partially based on the project being conditioned for use of the Service’s Standard Protection Measures for The Eastern Indigo Snake during site preparation and project construction. Therefore, no incidental take will occur, and no further consultation with the FWS is required.
The real estate parcel numbers are 00104260-000000, 00104430-000300, and 00104430-000200 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for Eastern indigo snake.
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), the smalltooth sawfish (Pristis pectinata), and Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on Acorpora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, and 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 1,426 square feet of submerged aquatic resources and mangrove wetland shoreline utilized by various life stages of bluefish, tiger shark, great hammerhead shark, blacknose shark, nurse shark, bonnethead shark, bull shark, shrimp, lemon shark, spinner shark, snapper grouper, spiny lobster, whale shark, and coastal migratory pelegics. 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 Avenue, Suite 203, Miami, Florida 33176 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 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at Maria.I.Bezanilla@usace.army.mil or 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 South Florida Water Management District. The project is being reviewed under SFWMD application no. 220923-36052.
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.