SAJ-2006-01691(SP-MIB)

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). The purpose of this public notice is to solicit comments from the public regarding the work 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 Maria.I.Bezanilla@usace.army.mil.

APPLICANT: Christopher  Daughtry

                      Florida Keys Animal Encounters LLC

                      11710 Overseas Highway

                      Marathon, Florida 33050

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Florida Bay.  The project site is located at the Aquarium Encounters at 11710 Overseas Highway in Section 11, Township 64 South, Range 36 East; at latitude 24.731969° and longitude -81.029488°; in Marathon, Monroe County, Florida.

EXISTING CONDITIONS: The 9.04-acre property is located on the north side of US-1/Overseas Highway near the Vaca Key Cut (Mile Marker 53) and supports an existing educational facility, Aquarium Encounters. Aquarium Encounters is an interactive educational facility that helps to educate both visitors and locals of the keys about the importance of the Florida Keys Ecosystem and the animals contained both above and below the water. The facility is surrounded by avoided wetlands and a 0.15-acre conservation area. The property contains seven distinct plant communities within the property boundaries, including both uplands and wetlands. The upland communities include degraded Tropical Hardwood Hammock (FLUCCS 426) and Brazilian Pepper (FLUCCS 422) upland forest. The uplands are located along the western and northern property boundaries. The wetland communities within the site include 1.33 acres of Mangrove Fringe (FLUCCS 612), 0.04 acres of Exotic Wetland Hardwoods (FLUCCS 619), 1.81 acres of Mangrove Scrub (FLUCCS 612), 1.17 acres of High Saltmarsh (FLUCCS 642), and 0.82 acres of Mud/Tidal Flats (FLUCCS 651). The onsite wetlands occur primarily in the center and along the eastern property boundary and are hydrologically connected to the waters of the Atlantic Ocean (Vaca Key Cut). Impacts to corals from the installation of piles for the dock were assessed. All corals documented onsite were Siderastrea radians and are primarily less than 5 cm in diameter. The total estimated coral impact for the project is estimated to be approximately 17.2 cm². This was determined based on a quantitative coral survey that was conducted over 29% of the total survey area, with the remaining area visually assessed. Relocation of corals are not proposed. The proposed elevated pile supported boardwalk and portion of access walkway leading to the dock will be constructed above the mean high water line (MHWL) with small machinery and mats will be used to minimize land/soil disturbance. According to the agent, no discharge of fill material or dredging will be required for the installation of the boardwalk and walkways.

PROJECT PURPOSE:

Basic:  To expand and improve access to the educational facility.

Overall:  To expand and improve access to the educational facility in Marathon, Florida.

PROPOSED WORK:  The applicant requests authorization to expand their facilities in the north portion of the property for a wet lab and meeting room and provide dockage to be used by vessels to service commercial operations including the coral nursery. The proposed work is as follows:

to construct a new building and associated infrastructure resulting in 664.5 cubic yards of fill within 0.24 acres of wetlands (0.05 acres of disturbed saltmarsh and 0.19 acres of high saltmarsh area),

to construct a 3,043.31 square foot “T”-shaped wood dock (1,568.36 square feet waterward of the MHWL),

to install an eight post 40,000 lb capacity cradle boat lift at the outer terminus of the dock,

to install two 15,000 lb capacity elevator boat lifts at the inner terminus of the dock

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The proposed structures were designed to avoid and minimize wetland impacts by aligning the elevated boardwalk through areas with the least vegetated cover and lower functioning habitats such as mud flats and salt marsh to minimize impacts to mangrove fringe areas. The location of the proposed boardwalk over the tidal flats (unvegetated) community minimizes potential shading impacts on existing vegetation. The proposed building facility is located close to the northern boundary mainly impacting uplands to reduce impacts to wetlands. Silt fencing and floating turbidity curtains would be utilized during construction. In addition, the applicant proposes to avoid an additional 140,601.1 square foot area of wetlands to be placed under a conservation easement.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: To offset these impacts, the applicant proposes a combination of on-site mitigation preservation of 3.23 acres of existing wetlands under a conservation easement and the purchase of mitigation bank credits. The preserved area will be managed in perpetuity, including invasive species control and ecological monitoring. In addition, the applicant proposes purchase at the Florida Power and Light’s Everglades Mitigation Bank (EMB) for credit deficits.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

The Corps has determined that the project “may affect but is not likely to affect” determination on the American crocodile (Crocodylus acutus), West Indian Manatee (Trichechus manatus), Eastern indigo snake (Drymarchon corais couperi), Keys tree cactus (Pilosocereus robinii), Stock Island tree snail (Orthalicus rese, not incl. nesodryas), green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), Kemp’s ridley sea turtles (Lepidochelys kempii), hawksbill sea turtle (Eretmochelys imbricata), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostris), Nassau grouper (Epinephelus striatus), queen conch (Alger gigas). In addition, the Corps has reached a no effect determination on the elkhorn and staghorn corals (Acropora sp.), Caribbean corals species and critical habitat; (Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox, and Dendrogyra cylindrus) and its critical habitat.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 0.37 acres of wetlands and open water from filling and shading. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

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 or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the South Florida Water Management District (SFWMD). The project is being reviewed under SFWMD Application No. 231127-41398.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the SFWMD. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until October 24, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Maria Bezanilla at Maria.I.Bezanilla@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Maria Bezanilla, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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