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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Carissa.p.curlee@usace.army.mil.
APPLICANT: Donald Butler II
MHC-NHC-FL 2 GP, L.L.C.
Two North Riverside Plaza, Suite 800
Chicago, IL 60606
WATERWAY AND LOCATION: The project would affect aquatic resources associated with a manmade canal off of Crystal River. The project site is located at 11419 W Fort Island Trail, in Section 19, Township 18 South, Range 17 East, Crystal River, Citrus County, Florida.
Directions to the site are as follows: Take I-75 North to exit 301 onto US-98 N. Turn right to stay on US-98 N/ Ponce De Leon Blvd. Drive straight through the traffic circle to continue on US-98. Turn right onto US-19, then left onto W Fort Island Trail. Take a right onto Canal Circle, to enter the Crystal Isles RV Resort.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.900857°
Longitude –82.625017°
PROJECT PURPOSE:
Basic: Shoreline protection and improved water access
Overall: The purpose of this project is to improve water access within a residential canal and to protect the shoreline from further erosion.
EXISTING CONDITIONS: The area where the work is proposed is a 2,610-ft long by 60-ft to 90-ft wide manmade canal connected to Crystal River which was excavated in the 1960’s. Current water depths range from 0.0-ft to -3.0-ft at Mean Low Water (MLW) with the majority of the canal at -1.5-ft MLW. There is no submerged aquatic vegetation (SAV) in the project footprint and the substrate consists of mucky sand.
The first 971-ft of the canal is uninhabited with natural shorelines consisting of wetland forests. The remaining canal consists of residential development on the east and west shore. The east side of the canal is comprised of single-family residential lots with armored shorelines and docking features. To the west is a mobile home park with a natural shoreline that is eroding away. Portions of the shoreline where the toe wall and riprap are proposed have natural vegetation consisting of various grasses, mangrove species, and tree species including cabbage palm, red cedar and sand live oak. The mobile home park has twenty-four (24) private floating docks and a community floating dock near the boat ramp that have a Corps authorization to be removed and replaced (SAJ-2010-01255).
PROPOSED WORK: The applicant seeks authorization to mechanically dredge the entire length of the canal, to a maximum depth of -3.0-ft MLW, removing 4,270 cubic yards (CY) of material from 69,663 square foot (SF) area. Dredged material will be stored in the uplands and surrounded by hay bales or silt fencing for dewatering before taken off site. They will then install 1,672 linear feet (LF) of tow wall constructed of vinyl material via vibratory hammer to match the current elevation at MLW. Riprap will be installed landward of the tow wall via either front loader or hand placed around vegetation. A total of 1,100 CY of riprap will be installed below the high tide line (HTL).
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 has designed the project in a manner to minimize its impact. No SAV is within the project footprint and riprap will be hand placed around the existing vegetation along the shoreline. In areas of thick vegetation riprap will be avoided or placed in front of the vegetation. Best management practices (BMPS) will be used during construction and will include turbidity curtains for in water work and hay bales or silt fencing around the temporary drying area.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The project is proposed to occur within a manmade canal, and no fill material will be deposited below the MHWL, other than riprap. The riprap will be hand-placed around mangroves to avoid mangrove impacts. Riprap will not be placed in areas of dense shoreline vegetation, as the vegetation is already providing erosion prevention in those areas. The riprap will also help facilitate the recruitment and proliferation of new mangroves, and will provide benthic habitat all along the canal where none currently exists. Impacts to vegetation other than mangroves will consist of displacing a minimal amount of vegetation with riprap. We anticipate the riprap will serve as an area conducive to future vegetation recruitment. No impacts SAV, such as seagrass, are proposed, as none is present within the project footprint.
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:
The Corps has determined the proposed project may affect but is not likely to adversely affect the Gulf sturgeon, smalltooth sawfish, giant manta ray, and swimming sea turtles (green sea turtle, Kemp’s Ridley sea turtle, loggerhead sea turtle) or their designated critical habitat (DCH). The Corps evaluated the proposed work utilizing National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated November 20, 2017, including consideration of the Project Design Criteria (PDCs) identified in the JAXBO that have typically been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of DCH. As established in the JAXBO, the Corps determined that the proposed mooring project may affect but is not likely to adversely affect the Gulf sturgeon, smalltooth sawfish, giant manta ray, or swimming sea turtles. The Corps will request NMFS programmatic concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined that the proposed project may affect but is not likely to adversely affect the West Indian manatee. Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key) resulted in the following sequential determination: A>B>C>D>E>F>G>N>O>P#3> may affect, not likely to adversely affect. The applicant elects to adhere to the Standard Manatee Conditions for In-Water Work, 2011, utilize a dedicated observer during dredging activities and a seasonal dredging closure from October 1 to April 30. Therefore, according to the Key, a may affect but is not likely to adversely affect determination is appropriate. By letter dated April 25, 2013, the U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the Key for manatees and that no additional consultation is necessary.
The Corps has determined the proposal would have no effect on the eastern black rail, eastern indigo snake, Everglade snail kite, Monarch butterfly, red-cockaded woodpecker, tri-colored bat, or whooping crane.
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 0 acres of EFH utilized by various life stages of Gulf fish species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf. 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 within 21 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments through the Tampa Permits Section at 10117 Princess Palm Ave. Suite 120, Tampa, FL 33610.
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, Carissa Curlee, in writing at the Tampa Permits Section, 10117 Princess Palm Ave. Suite 120, Tampa, Fl 33610; by electronic mail at Carissa.p.curlee@usace.army.mil; by telephone at (904) 238-0726.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project received an exempt verification under FDEP application no. 09-0444369-002/003-EE
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved 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.
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