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: James J. Sauer
120 Calle Ensueno
Marathon, FL 33050
WATERWAY AND LOCATION: This project is located on a boat basin associated with the Atlantic Ocean. The project is located at 120 Calle Ensueno, at Section 15, Township 66 South, Range 32 East, in Marathon, Monroe County, FL, 33050. RE#00357041-001100.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.699545 North
Longitude -81.085892 West
PROJECT PURPOSE:
Basic: The basic project purpose is to improve shoreline stabilization and vessel mooring.
Overall: The overall purpose is to improve shoreline stabilization and remove a vessel from the water when not in use in Marathon, Monroe County, FL.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The onsite vegetation consists of red mangroves and cultivated vegetation. The existing area surrounding the project area consists of developed lots. There are no corals or seagrass expected within the project footprint. There are red mangroves located on site but they will not be impacted by the project.
PROPOSED WORK: The applicant seeks authorization to install 254 sf of rock revetment, remove the existing dock and replace it with a 550 sf dock. Turbidity curtains will be deployed prior to construction and will remain in place until water quality has returned to pre-construction conditions.
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 existing 705 sf of red mangroves will be avoided.
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:
The real estate parcel number is 00357041-001100 and IS NOT on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.
West Indian (Florida) manatee (Trichechus manatus): Since the proposal by the
applicant is for in-water construction, 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 > B > C > G > H > I > N > O > P(4), “may affect, not
likely to adversely affect”, where no further consultation with the Service is necessary.
This determination is based on the applicant following the standard Manatee
construction conditions for the proposed activity, which are reiterated as special
conditions of the verification letter. 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) consultation area within North Key Largo. According to
the 28 October 2014 American Crocodile Key, the Service will continue to review and
consult on all projects on public lands in the Keys and all projects on private lands in the
Keys north of the intersection of U.S. Highway 1 and State Road 905 in Key Largo, with
the exception of Ocean Reef Development. The property does support suitable nesting
habitat for the crocodile which will be impacted as a result of the project.
The Corps has determined the proposed project “may affect, but is not likely to
adversely affect” 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), smalltooth
sawfish (Pristis pectinata) and elkhorn and staghorn corals (Acropora palmata,
Acropora cervicornis). The Corps will request National Marine Fisheries Service
consultation with these determinations pursuant to Section 7 of the Endangered
Species Act by separate letter.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. The proposal would impact approximately 804 square feet of marine 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 within 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 dock 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 Ave #203, Miami, FL 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, Nicole Etzel, in writing at the Florida Keys Permits Section, 9900 SW 107th Ave #203, Miami, FL, 33176; by electronic mail at Nicole.m.etzel@usace.army.mil; or, by telephone at (786)696-4609.
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.
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.