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SAJ-2024-00182(SP-ICF)

CESAJ-RD-SK
Published Oct. 3, 2024
Expiration date: 11/3/2024
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) as described below:

APPLICANT: Florida Keys Aqueduct Authority
c/o David Hackworth
1100 Kennedy Dr.
Key West, FL 33040

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located at 201 Sombrero Beach Rd., in Section 11, Township 65 South, Range 32 East, Marathon, Monroe County, Florida. Parcel ID #s 003555240-000000, 00355415-000100, 00355415-000200,
00355415-000300, 00355415-000400 and 00355415-000500.

Directions to the site are as follows: The site is located near mile marker 50 on Overseas Highway on Vaca Key in the City of Marathon. From Overseas Highway, turn south at the light onto Sombrero Beach Road for 0.13 miles to Sombrero Boulevard. The site is south of Sombrero Boulevard between Manor Lane and Sombrero Beach Road.

APPROXIMATE CENTRAL COORDINATES: Latitude 24.713784°
Longitude -81.075395°

PROJECT PURPOSE:

Basic: To construct an office building and appurtenances

Overall: To construct an office building and appurtenances in Marathon, Florida

EXISTING CONDITIONS: The Site is approximately 100,624 square feet (2.31 acres) and is zoned as a vacant lot. Two types of wetlands consisting of mangrove swamp and salt shrub wetland were observed within the site. The mangrove swamp wetland has a natural shoreline and is connected to a salt shrub wetland and the saltwater tidal creek that continues offsite and covers approximately 0.37 acres of the property. The salt shrub wetland habitat was observed surrounding the landward perimeter of the mangrove swamp boundary lines and covers approximately 0.52 acres of the site.

PROPOSED WORK: The applicant seeks authorization to construct an office building, parking lots, sidewalks, and stormwater facilities. Work will result in approximately 0.20 acres of direct impact to salt scrub wetlands.

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:

To avoid and minimize impacts, the location and shape of the office building were redesigned to avoid impacts to the mangrove swamp and reduce impacts to the salt shrub wetland. Previously proposed direct impacts included 0.16 acres to the mangrove wetland and 0.23 acres to the salt shrub wetland. The parking lot was divided into two smaller parking lots and positioned in upland habitat. Two stormwater ponds were moved under the stilted office building. Stormwater facilities located in upland habitat were reduced in size to reduce direct impacts and secondary impacts. shows sod at each of the outfall weirs will be placed to avoid erosion into the avoided wetlands and neighboring habitats. No additional erosion control is needed as the outflow velocities are no higher than 2.7 feet per second.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

Unavoidable impacts to salt shrub wetlands are proposed to be mitigated through 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: 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.

West Indian Manatee (Trichechus manatus): 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 (1), “no effect”, where no further consultation with the Service is necessary. This determination is based on no in-water work proposed. 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.

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 .20 acres of submerged bottom utilized by various life stages of marine 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, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410
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, Ingrid Fuquene, in writing at the Florida Keys Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at
Ingrid.C.Fuquene@usace.army.mil; or, by telephone at (305) 878-8257.

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.