SAJ-2021-00045 (SP-CTG)

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:

WATERWAY AND LOCATION: WATERWAY AND LOCATION: The project would affect waters of the United States associated with a residential canal adjacent to the Atlantic Ocean. The project site is located at 196 La Paloma Road, in Section 22, Township 61 South, Range 39 East, Key Largo, Monroe County, Florida (RE Number 00546240-000000).

PROJECT PURPOSE: Basic: To provide improved boating access.

Overall:  To provide improved boating access within Key Largo, Monroe County Florida.

EXISTING CONDITIONS:  The property is located within a developed subdivision on Key Largo. The property is situated along a canal that flows into the Atlantic Ocean. The lot supports a single-family residence, and the shoreline is stabilized by a seawall and mature red mangroves.

PROPOSED WORK:  The applicant seeks authorization to improve water access by constructing a concrete L-dock with a 4-foot-wide by 10.5-foot-long access walkway (42 square feet) and 5-foot-wide by 24-foot-long (120 square feet) dock and maintenance dredging to -5 feet mean low water, or rock if less than -5 mean low water, removing 50 square feet (5 cubic yards) of mangrove roots, sediment, and debris. Approximately 6 square feet (0.1 cubic yards) of fill is proposed for the construction of the access walkway. Approximately 50 square feet of red mangroves will be impacted by the proposed dredging. Additionally, approximately 145 square feet of red mangroves will be impacted by cutting/trimming for the removal of red mangroves within the proposed dock footprint.

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 construction induced turbidity has subsided and water quality has returned to pre-construction conditions. The applicant agrees to comply with “Protected Species Construction Conditions.” The applicant agrees to comply with the "Standard Manatee Conditions for In Water Work – 2011." The applicant proposes constructing an L-dock to minimize impacts on red mangroves, with 140 square feet of red mangroves designated for avoidance. Approximately 225 square feet of red mangroves waterward of the proposed dock will be trimmed at the lateral branches.

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 Corps, the appropriate mitigation will be determined by conducting a functional assessment using Uniform Mitigation Assessment Method 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 (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) and addendum dated May 2019. 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. 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.  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.

Wood Stork (Mycteria Americana): The Google Earth Resource at Risk (RAR) report for the subject parcel includes the wood stork nesting colonies buffers and single buffer.  Potential impacts to the wood stork were evaluated using the Wood Stork Effect Determination Key dated 18 May 2010 (key).  Use of the key resulted in the following sequential determination: A (3), “no effect” for the wood stork.  This determination is based on the project not affecting suitable foraging habitat (SFH); therefore, no further consultation with the FWS is required.

The Corps has determined the proposed project may affect but is not likely to adversely affect (“MANLAA”) for 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 determined for all listed coral species: Acorpora spp. (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, and Mycetophyllia ferox). The project will not adversely modify any designated critical habitat for the above listed species.  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 approximately 50 square feet of submerged bottom and mangrove habitat utilized by various life stages of shrimp, snapper grouper, and spiny lobster. Additionally, the proposal would impact by shading approximately 145 square feet of mangrove habitat, and impact by filling approximately 6 square feet of mangrove habitat. 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.

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 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, 41 N Jefferson Street, Suite 301, Pensacola, Florida 32502 or via email Christie.T.Gillenwater@usace.army.mil (preferred) 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, Christie Gillenwater, in writing at the Florida Keys Permits Section, 41 N Jefferson Street, Suite 301, Pensacola, Florida 32502 or via email Christie.T.Gillenwater@usace.army.mil (preferred); or by telephone 850-502-6620.

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.