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) as described below:
APPLICANT: Florida Keys Aqueduct Authority (FKAA)
C/o David Hackworth
1100 Kennedy Drive
Key West, Florida 33040
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Florida Bay. The project site is located on an undeveloped lot adjacent to 56633 Overseas Highway in Section 26, Township 65 South, Range 33 East, Marathon, Monroe County, Florida. RE#00099560-000100
Directions to the site are as follows: Take U.S. 1 south to mile marker 56. Turn right onto unmarked road; Project located to the west of 56633 Overseas Highway.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.752691°
Longitude -80.977906°
PROJECT PURPOSE:
Basic: Construction of a water treatment plant.
Overall: To construct a water treatment plant that aims to address the needs for reliable and self-sufficient potable water supply infrastructure in the Florida Keys.
EXISTING CONDITIONS: The project parcel on Crawl Key is currently undeveloped but has evidence of previous disturbances from prior unfinished development activities which includes remnant roadbeds, cleared areas and remaining fill in portions of the property. The project footprint supports a mix of mangrove swamp, buttonwood forest, scrub mangrove, salt marsh, rockland hammock, disturbed/barren areas. The existing area surrounding the project area consists of uplands, buttonwood forest, and mangrove swamp adjacent to the Florida Bay/Gulf of Mexico. The project is located to the west of the Monroe County Fire Department's training facility (actively in use).
PROPOSED WORK: The applicant seeks authorization to construct a desalination water treatment plant facility resulting in a total of 30,570 cubic yards of fill within a 4.88-acre area consisting of 16,213 cubic yards of fill within a 2.38-acre wetland area and 14,357 cubic yards of fill within a 2.5-acre upland area. Specifically, the project would impact a total of 0.65-acre of mangrove swamp, 1.27 acres of buttonwood forest, 0.44-acre of scrub mangrove, and 0.02-acre of salt marsh for the construction of the desalination water treatment plant facility and appurtenant structures. The stormwater exfiltration system will treat stormwater on site prior to releasing back into the ground. No stormwater discharge is proposed into adjacent wetlands or waterways.
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 water treatment plan facility is proposed along the eastern portion of the FKAA owned parcel and designed to avoid impacting the higher quality coastal mangrove wetlands on the western boundary of the property. Remnant roadbeds will be utilized by the project design within the same footprint as previously graded roadbeds to avoid/eliminate new roadbed construction impacts. The design eliminates the need for a drainage pond by incorporating a stormwater exfiltration system which will treat stormwater on site prior to releasing back into the ground. In addition, the applicant proposes to avoid 5.02 acres of wetland area and 0.441-acre of upland area.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If mitigation is required by the Army Corps of Engineers the appropriate mitigation will be determined with a UMAM and payment made to Keys Restoration Fund.
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:
West Indian Manatee (Trichechus manatus): Potential impacts to the endangered West Indian manatee were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of the Key resulted in the sequence A (1), “no effect”, where no further consultation with the Service is necessary. This determination is based on no in-water work proposed. Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service is required.
American crocodile (Crocodylus acutus): 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.
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.
Any additional FWS species that may be within the geographical range are still being considered and evaluated by the Corps at this time and will be individually consulted with the FWS, if required.
The Corps has determined the proposal would have no effect on any Protected Resource Division (PRD) listed threatened or endangered species or designated critical habitat. This determination is based on no work proposed below the mean high water line. Pursuant to Section 7 of the Endangered Species Act, no further consultation with the PRD is required.
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 2.38-acre wetland area potentially utilized by various life stages of snapper grouper, penaeid shrimp, and spiny lobster. 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 activity 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 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 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 Florida Department of Environmental Protection (FDEP).
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.