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: Floridian Holdings LLC
C/o Shana Parrott
2500 Kearney Street
Springfield, MO 65898
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Atlantic Ocean. The project site is located on undeveloped lots at the terminus of Valhalla Island in Section 5, Township 64 South, Range 37 East, Marathon, Monroe County, Florida.
Directions to the site are as follows: Take U.S. 1 South to MM 56. Turn left onto Banana Boulevard; Banana Boulevard transition onto Valhalla Island; Project located at the terminus of Valhalla Island.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.743060°
Longitude -80.976315°
PROJECT PURPOSE:
Basic: To restore waterflow.
Overall: To restore waterflow in Marathon, Florida.
EXISTING CONDITIONS: The wetland system consists primarily of saltwater system. The property is located within a subdivision recently permitted for a resort development. The site is located within a canal system that flows directly into the Atlantic Ocean. The applicant owns the project area and land contiguous to the project area. The habitat within the project footprint consists of uplands and mangrove areas. The vegetation within the project area is mostly low-stature red mangrove that is maintained as a hedge 6-8 feet tall, with occasional accent trees that are maintained at canopy height. According to the benthic survey conducted on January 4, 2024, the project footprint outside of the mangrove area is comprised of deep, soft sediment and thick layers of decaying material. No seagrass, macroalgae, hardbottom, or corals are located within the project area.
PROPOSED WORK: The applicant proposes to excavate 500 cubic yards of paved road and adjacent wetland shoreline within a 1,500 square foot area to -5 feet mean low water line, to place a total of 50 cubic yards of fill within a 450 square foot area for the construction of a riprap revetement along the shoreline of the road removal work to stabilize the shoreline, to dredge 15,275 square feet (2,300 cubic yards) of submerged bottom and red mangroves to -5 feet mean low water line to restore waterflow within the canal system, to place a total of 110 cubic yards of fill within a 572 square foot wetland area for the construction of the abutments with associated backfill for the proposed bridge, to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters. Dredge to be conducted with a clamshell or similar from land or water with barge mounted equipment. Dewatering will be located onsite within a self-contained upland area. Spoil material will be disposed of in an upland disposal facility.
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, silt fencing and turbidity curtains will be deployed to isolate the construction site from ambient waters. The applicant proposes to avoid the remaining wetland areas.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The project as designed will impact a total of 9,100 square feet of red mangroves by dredging and/or filling activities. 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 aware of recorded historic resources within or adjacent to the permit area and 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:
American crocodile (Crocodylus acutus): The project is located within American crocodile 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.
Key tree cactus (Pilosocereus robinii) and Stock Island tree snail (Orthalicus rese, not incl. nesodryas): The species is not present within the action area. In addition, no impact to native habitat utilized by the species will be impacted; therefore, the Corps has determined the project will have “no effect” on the above listed species.
Any additional FWS species including the West Indian Manatee (Trichechus manatus) 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 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.
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 by dredging and/or filling approximately 15,275 square feet of submerged bottom and mangrove habitat utilized by various life stages of lemon shark, bluefish, tiger shark, sailfish, great hammerhead shark, coastal migratory pelagics, nurse shark, bonnethead shark, bull shark, shrimp, Caribbean reef shark, blacktip shark, scalloped hammerhead shark, sandbar shark, spinner shark, snapper grouper, reef fish, whale shark, spiny lobster, and corals. 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 SW 107th Avenue, Suite 203, Miami, Florida 33176 or via email at Maria.I.Bezanilla@usace.army.mil (preferred) 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 SW 107th Avenue, Suite 203, Miami, Florida, 33176; by electronic mail at Maria.I.Bezanilla@usace.army.mil; 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.
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: Water Quality Certification may be required from the South Florida Water Management District (SFWMD).
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.