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: Manuel Becerra
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Florida Bay. The project site is located at 34 North Dr in Section 01, Township 61 South, Range 39 East, Key Largo, Monroe County, FL 33037 (RE# 00514790-000000).
Directions to the site are as follows: US Highway No 1 South to mile marker 105±. Turn right onto N blackwater Ln. Turn right onto Stillwright Way, continue to North Drive. Project address: 34 North Dr, Key Largo, Monroe County, FL
APPROXIMATE CENTRAL COORDINATES: Latitude 25.161757°N
Longitude -80.394153°W
PROJECT PURPOSE:
Basic: To improve shoreline stabilization.
Overall: To improve shoreline stabilization in Key Largo, Monroe County, Florida.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The property is a developed single-family residence adjacent to the Florida Bay. The shoreline is stabilized with a riprap revetement, and vertical seawall is present within a dredged boat basin. An existing dock is present with two boatlifts and a floating vessel platform is located within the boat basin. Scattered stony coral colonies, macroalgae, moderate to dense mixed Thalassia and Halodule seagrass beds were observed within the proposed project footprint and buffer area. A total of 19 Siderastrea spp. (450 square centimeters) and 26 Solenastrea bournoni (2,612 square centimeters) within the proposed construction footprint will be impacted by the proposed work. An additional 10 Siderastrea spp. and one Solenastrea bournoni are located adjacent to the project footprint and will be avoided during all construction activities. Approximately 30 square feet or less of moderate to dense shoal grass located at the opening of the basin is expected to be impacted. Approximately 120 square feet or less of moderate to dense rhizophytic macroalgae present on surfaces of carbonate boulders and within the basin are expected to be disturbed during seawall installation and backfilling of the basin.
PROPOSED WORK: The applicant seeks authorization to remove 91 linear feet of existing seawall and concrete cap located along the edge of an existing dredged boat basin, install approximately 31 linear feet of vertical seawall from the edge of the neighboring seawall to the edge of the existing wood dock, and back fill the boat basin with 32 cubic yards of fill behind the proposed seawall to level the land. Temporary floating turbidity barriers will be installed around all work areas that are in/over U.S. navigable waters.
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 mitigation is required by the Army Corps of Engineers, the appropriate mitigation will be determined with a UMAM and a payment made to Keys Restoration Fund. If mitigation is required by the D.E.P. the applicant proposes payment to the Everglades Mitigation Bank. The applicant agrees to comply with the “Protected Species Construction Conditions”.
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 the West Indian manatee (Trichechus manatus) or its designated critical habitat. Use of the Key resulted in the sequence A-B-C-G-N-O-P4 may affect, 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 as the shoreline is
hardened. 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.
The project is located within Wood stork (Mycteria Americana) core foraging area. The proposed work is located outside of native habitat for this species and work is limited to in-water activity or previously existing structures. No impact to native/natural habitat is included; therefore, the Corps has determined the project will have “no effect” on the above listed species. The US Fish and Wildlife Service (FWS) concurred via the Wood Stork Effect Determination Key dated 18 May 2010 for the Wood stork. No further consultation with the FWS 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 569 square feet 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.
Navigation: The proposed work 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, Ste 203, Miami FL 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, Gaelle Duchatellier, in writing at the Florida Key Permits Section, 9900 SW 107th Ave, Ste 203, Miami FL 33176; by electronic mail at gaelle.duchatellier@usace.army.mil or by telephone at (786)920-7630.
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.
Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
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: WQC is 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.