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: Monroe County BOCC
C/o Roman Gastesi
1100 Simonton Street
Key West, Florida 33040
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located Canal #293, located on the Atlantic Ocean side of US-1 and runs parallel between Avenue I and Avenue H in Section 25, Township 66 South, Range 29 East, Big Pine Key, Monroe County, FL.
Directions to the site are as follows: Take US-1 South until you reach 1st Street on your right side. Turn right onto 1st Street and continue. Canal 293 will be between Avenues’ H and I.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.674477°N
Longitude -81.342572°W
PROJECT PURPOSE:
Basic: To improve water quality and provide shoreline stabilization.
Overall: To improve water quality and provide shoreline stabilization in Canal 293 in Big Pine Key, Florida
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The project is located perpendicular to the dredged canal system referred as Canal #293 in the Atlantic Ocean. No mangroves were identified in the project footprint. A benthic survey was performed on February 15, 2023. According to that survey, Based on WSP’s survey, there is minimal sensitive benthic resources in Canal 293.
Due to the high turbidity of the water, light penetration remained within few feet of the surface. Along the northern seawalls of the eastern half of the canal were rooted individual blades of Thalassia testudinum. Calerpa sp. was identified in patches along the seawalls throughout the canal. Small amounts of filamentous algae and Halimeda sp. were also seen along the seawalls. No benthic species were seen on the bottom of the canal. A manatee (Trichechus manatus), mullet (Mugil cephalus), and tarpon (Megalops atlanticus) were identified during the survey in Canal 293.
Outside the mouth of the canal was also surveyed on February 15, 2023. It was characterized by a large deep layer of decaying sargassum. About 120 feet east southeast of the canal mouth was a sparse patch of seagrass and macroalgae covered by a layer of sargassum muck. It is not expected that this project will harm this area. The surveyed areas are characterized by having various types of seawalls bordering Canal 293 with no overhanging vegetation. Properties along the canal did
have buttonwood (Conocarpus erectus) and sea grape (Coccoloba uvifera). The empty lots were characterized by large amounts of saltmarsh fleabane (Pluchea odorata). No mangroves were observed in the project limits during the survey.
PROPOSED WORK: The applicant proposes to perform hydraulically vacuum dredging, then backfilling a canal, and install an air curtain, install a permanent weed barrier, and install navigational beacons. This proposed project is intended to retore natural contours within the canal, provide protection from the storm surge and control the inflow of noxious floating seaweed into the waterway.
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. The applicant agrees to comply with the “Standard Manatee Conditions for In-Water Work – 2011”. The applicant agrees to comply with the “Sea Turtle and Smalltooth Sawfish 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. 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. This determination partially was based on the implementation of the Standard Manatee Conditions for In-Water Work. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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. 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 6735 cubic yards of submerged bottom utilized by various life stages of marine life. 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, within 30 days from the date of this notice (i.e. on or before April 15, 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; or, by telephone at (305)-526-7183.
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: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. 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.