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: Hugh Giles III
2477 Upper Big Springs Road
Lagrange, GA 30241
WATERWAY AND LOCATION: The project site is located in a man-made dredged canal tributary to Pine Channel, which connects to the Gulf of Mexico, at 641 Carolyn Ave, in Section 28, Township 66 South, Range 29 East, Little Torch Key, Monroe County, Florida. RE # 00220650-000000.
Directions to the site are as follows: Head west on US-1 S, turn right onto FL-4A, turn right onto Linda St., turn left onto Carolyn Ave.
APPROXIMATE CENTRAL COORDINATES: Latitude 24.674555°
Longitude -81.392908°
PROJECT PURPOSE:
Basic: To provide improved boating access.
Overall: To provide improved boating access within Little Torch Key, Monroe County, FL.
EXISTING CONDITIONS: The project is located in a subdivision at a single-family residence that is situated upland of a 30-foot-wide, man-made canal that is a tributary to Pine Channel, which connects to the Gulf of Mexico. No mangroves, corals, seagrass, or hardbottom habitat were identified as being within the project footprint.
PROPOSED WORK: The applicant seeks authorization to install a 10,000-pound capacity elevator boat lift at an existing dock. 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: The applicant agrees to comply with the "Standard Manatee Conditions for In-Water Work- 2011" and with the "Protected Species Construction Conditions.”
COMPENSATORY MITIGATION – 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:
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 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.
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 > 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.
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.
Lower Keys marsh rabbit (Sylvilagus palustris hefneri): The proposed work is located outside of native habitat for this species and work is limited to in-water activity. No impact to native/natural habitat is included; therefore, the Corps has determined the project will have “no effect” on the above listed species.
Silver rice rat (Oryzomys palustris natator): The proposed work is located outside of native habitat for these species and work is limited to in-water activity. No impact to native/natural habitat is included; therefore, the Corps has determined the project will have “no effect” on the above listed species.
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 2-square-feet of submerged bottom utilized by various life stages of shrimp, snapper grouper, and spiny lobster. 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 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, 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.