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: Lazaro Martinez, 13851 SW 30th St, Miami, FL, 33175
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Florida Bay. The project site is located at 102 Bayview Dr, in Section 20, Township 64 South, Range 36 East, in Lower Matecumbe Key, Monroe County, FL, 33036. RE#00392110-000000.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.853966°N
Longitude -80.736602°W
PROJECT PURPOSE:
Basic: The basic project purpose is to remove the vessel from the water when not in use, and to construct a single family home.
Overall: The overall project purpose is to remove the vessel from the water when not in use and to construct a single family home in Lower Matecumbe Key, Monroe County, FL.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The onsite vegetation consists of red mangroves and other native wetland vegetation. The existing area surrounding the project area consists of developed lots. There are no corals or seagrasses within the project footprint.
PROPOSED WORK: The applicant seeks authorization to construct a 540 sf dock, a 10,000 lb boat lift, and a 20,000 lb boatlift. Additionally, the lot will be filled with 9250 sf (500 cy) of fill. 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:
Note the avoided area here to show their proposed avoidance. Prior to the start of construction, turbidity curtains will be deployed to isolate the construction site from ambient waters which 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 required by the ACOE, the applicant shall make payments to the Keys Restoration Fund Program to offset unavoidable impacts to wetlands.
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): 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 > 0 > 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 permit.
Swimming Green sea turtles (Chelonia mydas), Loggerhead sea turtles (Caretta caretta) and their designated critical habitat, Hawksbill sea turtles (Eretmochelys imbricata), Kemps ridley sea turtles (Lepidochelys kempii), Leatherback sea turtles (Dermochelys coriacea), Nassau grouper (Epinephelus striatus), the
smalltooth sawfish (Pristis pectinata) and its designated critical habitat: Sea turtles, Nassau grouper, and Smalltooth sawfish may be temporarily unable to use the site during construction: They may avoid the construction site, be affected by noise, and physically excluded from the project area. In-water construction machinery and pile installation may injure the species, though they will likely move away from the project site if disturbed; therefore, a MANLAA determination was reached for the sea turtles, Nassau grouper, and smalltooth sawfish species. The project is not located within loggerhead sea turtle or smalltooth sawfish critical habitat; therefore, a no effect determination was reach on their critical habitat. The Corps requested NMFS PRD concurrence with this determination in accordance with Section 7 of the Endangered Species Act.
Listed Corals: Acropora spp. (Acropora cervicornis and Acropora palmata), and
its designated critical habitat, and listed coral species: pillar coral (Dendrogyra
cylindrus), lobed star coral (Orbicella annularis), mountainous star coral
(Orbicella faveolata), boulder star coral (Orbicella franksi), rough cactus coral
(Mycetophyllia ferox): Listed corals are not located within the project area. Furthermore, the project is not located within Acropora sp. critical habitat; therefore, a no effect was reached on listed corals, Acropora species, and Acropora sp. critical habitat.
American crocodile (Crocodylus acutus): The project is located within American crocodile (Crocodylus acutus) consultation 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 densely vegetated and/or hardened. Use of the Key resulted in the sequence #2. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its suitable nesting habitat. No further consultation with the FWS is required for the American crocodile.
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 540 square feet of marine bottom and 9250 square feet of wetland habitat utilized by various life stages of marine and wetland species. 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 structure 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 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, Nicole Etzel, in writing at the Florida Keys Permits Section, 9900 SW 107th Ave #203miami, 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.
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 EPA.
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.