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SAJ-2004-07449(SP-MCA)

CESAJ-RSD-SK
Published March 1, 2024
Expiration date: 3/20/2024
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: Steven Vetter
Key Largo Baptist Church
P.O. Box 371063
Key Largo, FL 33037

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Florida Bay. The project site is located at 104700 Overseas Highway, Key Largo, FL, Monroe County, Section 12, Township 61, Range 39. Parcel #00085190-000000

Directions to the site are as follows: US Highway No 1 South to mile marker 105

APPROXIMATE CENTRAL COORDINATES: Latitude 25.152121 °
Longitude -80.393374 °

PROJECT PURPOSE:

Basic: The basic project purpose is to provide improved boating access.

Overall: The overall project purpose is to provide improved boating in Key Largo, Florida.

EXISTING CONDITIONS: The wetland system consists of a saltwater system. Mangroves were identified in the project footprint. The proposed site has areas of hard and soft bottom habitat that support macroalgae, seagrasses, and some scattered stony corals and sponges.

PROPOSED WORK: The applicant proposes to install a 5 foot wide by 137 foot long dock with a 4 foot wide by 150 long access walk, 9 boat slips, 5, 4 foot wide by 12 foot long finger piers, and 10 mooring piles and avoid 11,600 ft2 of red mangroves. No mooring signs and handrails will be placed on access walk and terminal vertical pier area.

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 the start of construction, turbidity curtains will be deployed to isolate the construction site from ambient waters. These will remain in place until all
construction induced turbidity has subsided and water quality has returned to pre-construction conditions.

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. 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 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-J-L-N-O-P “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.

Schaus swallowtail butterfly (Heraclides aristodemus ponceanus): The proposed work is located outside of native habitat for this 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.

Lower Keys marsh rabbit (Sylvilagus palustris hefneri): Potential impacts to the LKMR were evaluated using the Lower Keys marsh rabbit (LKMR; Sylvilagus palustris hefneri) Species Key, dated 29 July 2013, and resulted in the following sequential determination: The project is not located on Big Pine Key or No Name Key. Use of the SAGs resulted in the following sequential determination: A > F (2), “may affect, not likely to adversely affect (NLAA)”. This determination is partially based on the applicant being provided the cat brochure. The Corps received programmatic concurrence from the FWS for projects that have a “NLAA determination; therefore, no incidental take will occur and no further consultation with the FWS is required.

Key tree cactus (Pilosocereus robinii): The proposed project is not removing or making modifications to the Key tree-cactus native habitat. Potential impacts to the Key tree cactus were evaluated using the Key Tree Cactus Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B (1), “may affect, but not likely to adversely affect” for the listed species. The Corps received programmatic concurrence from the FWS for projects that have a NLAA determination; therefore, no incidental take will occur and no further consultation with the FWS is required.

Stock Island tree snail (Orthalicus rese, not incl. nesodryas): The proposed project is not removing or making modifications to the Stock Island tree snail native habitat. Potential impacts to the Stock Island tree snail were evaluated using the Stock Island tree snail Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B (2), “may affect, but not likely to adversely affect” for the listed species. The Corps received programmatic concurrence from the FWS for projects that have a NLAA determination; therefore, no incidental take will occur and no further consultation with the FWS is required.

Key Largo woodrat (Neotoma floridana smalli) and Key Largo cotton mouse (Peromyscus gossypinus allapaticola): Potential impacts to the Key Largo woodrat and Key Largo cotton mouse were evaluated using the KLCM & KLWR Species Key, dated 29 July 2013, and resulted in the following sequential determination: A > B > F (2), “may affect, not likely to adversely affect (NLAA)”. This determination is partially based on the applicant being provided the cat brochure. The Corps received programmatic concurrence from the FWS for projects that have a “NLAA determination; therefore, no incidental take will occur and no further consultation with the FWS is required.

The real estate parcel number is 00123761-000400 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.

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), the smalltooth sawfish (Pristis pectinata), and Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on queen conch (Aliger gigas), Acorpora sp. and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, and Mycetophyllia ferox) and its designated critical habitat. 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 1,525 square feet of submerged bottom potentially utilized by various life stages of shrimp, sailfish, Atlantic sharpnose shark, Caribbean shark, blacktip shark, lemon shark, snapper grouper, spiny lobster, reef fish, 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.

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 Miami Permits Section 9900 Southwest 107 Avenue, Suite 203, Miami, Florida, 33176, or by electronic mail (preferred) at Maena.C.Angelotti@usace.army.mil; within 21 days from the date of this notice (i.e. on or before March 20, 2024)

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, Maena C Angelotti, in writing at the Miami Permits Section 9900 Southwest 107th Avenue, Suite 203, Miami, Florida, 33176; by electronic mail at Maena.C.Angelotti@usace.army.mil

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 Department of Environmental Protection.

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.