4-Exhibit B - Engineering and Ecological Report 1 Canal 82.pdf

CANAL 82 REPORT

ECOLOGICAL EVALUATION

MONROE COUNTY

102050 OVERSEAS HIGHWAY

SUITE 246 KEY LARGO, FL 33037

WSP PROJECT NO.: 600813X1

DATE: SEPTEMBER 2023

WSP USA ENVIRONMENT & INFRASTRUCTURE INC.

16250 NW 95TH AVENUE, SUITE 206

MIAMI LAKES, FL 33014

WSP.COM

TABLE OF

CONTENTS

1 INTRODUCTION

1.1 Overview and Regulatory Setting

1.1.1 Endangered Species Act

1.1.2 Marine Mammal Protection Act

1.1.3 Magnuson-Stevens Fishery Conservation and Management Act

1.1.4 Bald and Gold Eagle Protection Act

1.1.5 Migratory Bird Treaty Act

1.1.6 Rivers and Harbors Act

1.1.7 Clean Water Act

1.1.8 Executive Order 11990, Protection of Wetlands

1.1.9 Florida Administrative Code 62-330

1.1.10 Florida Administrative Code 62-340

1.1.11 Established Protection Protocols

1.2 Project Description

1.3 Project Location

2 EXISTING CONDITIONS

2.1 Existing Structures

2.2 Existing and Proposed Land Uses

2.3 Existing Marine and Ecological Conditions

3 METHODS

3.1 Threatened and Endangered Species Survey

3.2 Wetland and Surface Water Evaluation

3.3 Benthic Resources Survey

4 RESULTS

4.1 Threatened and Endangered Species Survey

4.1.1 American Crocodile

4.1.2 Sea Turtle

4.1.3 Smalltooth Sawfish

4.1.4 Florida Manatee

iv

4.1.5 Seagrass Habitat

4.1.6 Other Species

4.2 Wetland and Surface Water Evaluation

4.3 Benthic Resources Survey

5 CONCLUSIONS

6 TABLES AND FIGURES

REFERENCES

TABLES

TABLE 1 LIST OF OBSERVED SPECIES OF MAY 16TH,

TABLE 2 THREATENED AND ENDANGERED

SPECIES

TABLE 3 SEAGRASS QUADRANT DENSITIES

TABLE 4 CORAL SIZE CLASSES

TABLE 5 CORAL RELOCATION

RECOMMENDATION SUMMARY

FIGURES

FIGURE 1: LOCATION OF CANAL 82 ROCK HARBOR

FIGURE 2: AERIAL MAP OF CANAL 82 ROCK

HARBOR

FIGURE 3: LAND USE MAP OF CANAL 82 ROCK

HARBOR

FIGURE 4: CRITICAL HABITAT AND SEAGRASS BEDS

SURROUNDING CANAL 82 ROCK

HARBOR

FIGURE 5: NATIONAL WETLANDS INVENTORY MAP

OF CANAL 82 ROCK HARBOR

FIGURE 6: LOCATION OF SEAGRASS QUADRATS IN

CANAL 82 ROCK HARBOR

FIGURE 7: SURVEY RESULTS OF CANAL 82 ROCK

HARBOR

APPENDICES

A CONSTRUCTION CONDITIONS FOR IN-WATER WORK

B ECOLOGICAL PHOTOLOG

C FNAI AND IPAC

1 INTRODUCTION

1.1 OVERVIEW AND REGULATORY SETTING

WSP USA Environment & Infrastructure Inc. (WSP) was contracted by Monroe County to provide site investigation and engineering technical services for their Canal Restoration Program. This investigation and report may be used to aid in avoidance and minimization of impacts to protected resources during the design phase of the project and as an exhibit during environmental resource permitting.

The need for this investigation arises from requirements outlined in federal and state environmental regulations that require a representative survey to be completed to identify protected natural resources, including locating any seagrass species, coral species, or other benthic resources that may exist within the proposed project limits. A brief description of the primary regulations examined for compliance is provided below.

1.1.1 ENDANGERED SPECIES ACT

The Endangered Species Act (ESA) prohibits the “taking of any listed species to ensure imperiled species are protected, recovered to sustainable populations, and no longer need protections set forth under the ESA. Under the provisions of the ESA, federal agencies must ensure that actions authorized, funded, or implemented by the agency will not adversely impact the existence of any endangered or threatened species or their critical habitat through consultation with National Oceanic and Atmospheric Administration (NOAA) Fisheries or United States Fish and Wildlife Service (USFWS), depending on the species. Since ratified in 1973, all projects must examine their potential effect on protected resources. The ESA also provides for legal penalties for non-compliance.

1.1.2 MARINE MAMMAL PROTECTION ACT

Like the ESA, the Marine Mammal Protection Act (MMPA) prohibits the “taking” of marine mammals. Ratified in 1972, Congress agreed that all marine mammal species offer great international significance as a natural resource and implemented the MMPA to safeguard a sustainable population of these mammals. Penalties, imprisonment, and fines are enforcement measures in instances of non-compliance. Jurisdiction for the MMPA is shared by the USFWS and the National Marine Fisheries Service (NOAA Fisheries).

1.1.3 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT

ACT

The Magnuson-Stevens Fishery Conservation and Management Act was enacted in 1976 and governs marine fisheries in US waters. Among its many objectives, it primarily aims to prevent overfishing, rebuild overfished stocks, and set standards for fishery management plans. A key component in fisheries management is protecting Essential Fish Habitat (EFH). EFH includes all types of aquatic habitat, such as estuaries, coral reefs, sand, seagrasses, and rivers used by fish at any stage in their life cycle. NOAA Fisheries is the regulatory agency responsible for administering this Act.

1.1.4 BALD AND GOLD EAGLE PROTECTION ACT

While removed from the endangered species list under the ESA in 2007, bald and golden eagles remain protected under the Bald and Golden Eagle Protection Act (BGEPA). Since ratified in 1940, it prevents the “taking” of eagle nests, parts, eggs, roosts, habitat, and eagles themselves without prior authorization from the Department of the

Interior. The act provides penalties for non-compliance. The USFWS is the regulatory agency responsible for administering this Act.

1.1.5 MIGRATORY BIRD TREATY ACT

The Migratory Bird Treaty Act (MBTA), passed in 1918, makes it unlawful to take, pursue, hunt, capture, kill, or sell birds listed as migratory birds without a permit. It also provides legal penalties for non-compliance. It intends to ensure a sustainable population of migratory bird species. The USFWS is the regulatory agency responsible for administering this Act.

1.1.6 RIVERS AND HARBORS ACT

The Rivers and Harbors Act was enacted by Congress in 1899 as one of the earliest forms of legislation to govern water bodies in the US. Section 10 of this act is administered by the US Army Corps of Engineers (USACE). Under this act, construction of any structures in or over any navigable water of the US requires authorization from the USACE. The Act applies to any dredging or disposal of dredged material, excavation, filling, rechannelization or any other modification of navigable waters of the US.

1.1.7 CLEAN WATER ACT

The Clean Water Act (CWA) was ratified in 1972 and remains the basis for most environmental regulation concerning water pollution in the United States. The CWA allows the Environmental Protection Agency (EPA) to regulate the discharge of pollutants into waters of the United States. These regulations prohibit contribution of point source pollution without first obtaining a permit. National Pollutant Discharge Elimination System (NPDES) was implemented by the EPA in order to permit and enforce federal water pollution regulation.

Section 404 of the CWA establishes a program to regulate the discharge of dredged or fill material into waters of the US, including wetlands. Activities in waters of the US regulated under this program include fill for development, water resource projects, infrastructure development, and mining projects. Section 404 requires a permit from the USACE before dredged or fill material may be discharged into waters of the US, unless the activity is exempt from Section 404 regulation.

Under Section 401 of the CWA, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the US unless a state or authorized tribe where the discharge would originate issues a Section 401 Water Quality Certification verifying compliance with existing water quality requirements or waives the certification requirement.

1.1.8 EXECUTIVE ORDER 11990, PROTECTION OF WETLANDS

The purpose of Executive Order 11990 is to “minimize the destruction, loss, or degradation of wetlands and to preserve and enhance the natural and beneficial values of wetlands.” To meet these objectives, the Order requires federal agencies, in planning their actions, to consider alternatives to wetland sites and limit potential damage if an activity affecting a wetland cannot be avoided. The Order applies to:

• Acquisition, management, and disposition of Federal lands and facilities construction and improvement projects which are undertaken, financed, or assisted by federal agencies;

• Federal activities and programs affecting land use, including but not limited to water and related land resources planning, regulation, and licensing activities.

1.1.9 FLORIDA ADMINISTRATIVE CODE 62-330

Florida Administrative Code 62-330 implements a statewide Environmental Resource Permit (ERP) program which includes governance for activities in, on, or over wetlands and surface waters in the state of Florida. It also governs upland activities that may affect surface waters and isolated wetlands. It provides responsibility and authority to the Florida Department of Environmental Protection (FDEP) and the five water management districts throughout the state to manage these environmental resources through the issuance of permits.

1.1.10 FLORIDA ADMINISTRATIVE CODE 62-340

Florida Administrative Code 62-340 provides a statewide methodology for delineation of state wetlands and surface waters. This methodology determines wetlands through the identification of dominant plant species, soil, and other hydrologic evidence indicative of regular and periodic inundation or saturation. Onsite inspection, aerial photointerpretation, or both in conjunction, are required to identify potential wetland resources within a project site. Permits may be required for any activities that fall within a wetland or surface water unless the activities are designated as exempt.

1.1.11 ESTABLISHED PROTECTION PROTOCOLS

A series of guidelines for executing demolition, construction, repair, and maintenance activities in US and Florida waters and shorelines have been established through formal consultations and mandated guidelines issued by both state and Federal entities. The following summarize three that have direct relevance to the project location and proposed project activities.

USACE Jacksonville District’s 2017 Biological Opinion Regarding Authorization of Minor In-Water Activities (JAXBO)

Under Section 7 of the ESA, federal agencies must consult with NOAA on activities that may affect ESA-listed species. These inter-agency consultations are designed to help federal agencies in fulfilling their duty to ensure that their actions do not jeopardize the continued existence of a species or destroy or adversely modify designated critical habitat.

Where appropriate, biological opinions (BOs) provide an exemption for the “take” of listed species (e.g., harassment, harm, pursuit, hunting, shooting, wounding, killing, trapping, capturing, or collecting) while specifying the extent of take allowed, reasonable and prudent measures that would minimize impacts from the federal action, and terms and conditions with which the federal action agency must comply. Programmatic consultations require adherence to specific design criteria to ensure effects to ESA species and/or their habitat are minimized or avoided.

Following consultation with the USACE Jacksonville District, NOAA issued a BO (JAXBO) addressing authorization of minor in-water activities addressing threatened and endangered species and their designated critical habitat in Florida, Puerto Rico, and the US Virgin Islands (NOAA 2017). There are several categories of “in-water” activities that are identified in JAXBO and regulated under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act, including but not limited to:

• Shoreline stabilization;

• Installation, repair, and removal of pile-supported structures and anchored buoys;

• Dredging, including maintenance, minor, and muck removal;

• Installation, repair, and removal of water-management outfall structures and end walls;

• Installation, repair, and removal of boat ramps; and

• Marine debris removal.

Species addressed in JAXBO include sea turtles, smalltooth sawfish, Nassau grouper, scalloped hammerhead sharks, sturgeon, corals, and whales; designated critical habitat for sea turtles, smalltooth sawfish, sturgeon, corals, and whales.

Sea Turtle and Smalltooth Sawfish Construction Conditions ESA-listed sea turtles and smalltooth sawfish can be injured or killed as a result of direct contact or indirect influences resulting from coastal and in-water construction activities. As such, NOAA developed the Sea Turtle and Smalltooth Sawfish Construction Conditions (NOAA 2006) and the Protected Species Construction Conditions, NOAA Fisheries Southeast Regional Office (NOAA 2021), which identify standardized measures and protocols intended to avoid and minimize potential effects to these protected species (Appendix A).

Florida Fish and Wildlife Conservation Commission The Florida Fish and Wildlife Conservation Commission (FWC) is responsible for managing Florida’s fish and wildlife resources. Their mission is to manage and maintain these resources for the long-term well-being and benefit of people. FWC enacts legislation and enforces statutes to effectively project and manage Florida’s resources.

Coastal and in-water construction activities including dredge and fill projects, boat facility and boat ramp construction, and bridge construction can harm Florida manatees (Trichechus manatus latirostris) and/or their habitat. FWC frequently provides expert opinion to state regulatory and planning agencies for potential adverse impacts to the Florida manatee. FWC provides recommendations for permit conditions or lease conditions to help reduce potential negative affects to manatees.

The most common recommendations to offset these adverse impacts are presented in the Standard Manatee Conditions for In-Water Work (USFWS 2011; see Appendix A). These conditions represent the minimum amount of protection necessary for Florida manatees during in-water work.

1.2 PROJECT DESCRIPTION

The Water Quality Protection Program (WQPP) Action Plan for the Florida Keys National Marine Sanctuary (FKNMS) identified impaired water quality in residential canals as a priority for corrective action. Canal restoration is an important and vital step in the County’s continued dedication to improve the overall quality of our nearshore waters and will have a beneficial impact on the canal’s property values.

Monroe County has evaluated and ranked 96 canal restoration projects in unincorporated Monroe County for water quality improvement and restoration options. Canal 82 in Rock Harbor is one of the selected canals. The scope of the project includes muck removal and backfilling of limerock and sand. The goal of the proposed improvements is to restore the impaired waters of the canal by increasing dissolved oxygen levels to meet State 62-302 Class III marine water quality standards and encourage growth of seagrass and other benthic resources as well as prevent sargassum from falling out onto the canal bottom.

Proposed construction methodologies will include the implementation of best management practices (BMP) such as turbidity booms, silt fencing, and monitoring by trained field personnel to ensure that all protected marine life is safeguarded during construction activities.

1.3 PROJECT LOCATION

Canal 82 is located on the Atlantic side of US-1 on Key Largo running parallel between residential roads, Lobster Lane and Bonito Lane (Figure 1). The project is located at coordinates 25° 2' 46.0206"N and -80° 29' 12.2274"W. An aerial photograph of the site is provided in Figure 2.

2 EXISTING CONDITIONS

2.1 EXISTING STRUCTURES

The project site is a residential canal surrounded by residential homes with cement or cement block seawalls and riprap. Mangroves line the channel leading into Canal 82. The waters surrounding the residential canal and channel leading to it are shallow and have a large amount of detritus piled up.

2.2 EXISTING AND PROPOSED LAND USES

The corresponding Florida Land Use Cover Classification System (FLUCCS) codes as modified by the South Florida Water Management District (SFWMD) in 2016 for the project area include: 1210 – Fixed Single Family Units, 5120 – Channelized Waterways, Canals, 5710 – Atlantic Ocean (Figure 3). The proposed project will not change current or adjacent land use.

2.3 EXISTING MARINE AND ECOLOGICAL CONDITIONS

The surface water within the project area is tidal with the nearest direct connection to the Atlantic Ocean.

Incoming tidal waters (flood) at the site move to the west and the outgoing waters move to the east (ebb). The closest NOAA tidal station (Station ID: 8723852) reports a mean tidal range of 0.75 feet. Annual water temperatures range from approximately 72 to 88 degrees Fahrenheit.

At the time of the investigation the site was characterized by low turbidity with visibility to the canal’s bottom. A large amount of detritus was built up at the end of the canal reducing the canal’s depth.

3 METHODS

3.1 THREATENED AND ENDANGERED SPECIES SURVEY

The threatened and endangered (T&E) species survey was conducted in two phases. The first phase was a literature search and mapping effort to identify species potentially found on the site. Available data were gathered through an online data search of the FWC, USFWS, Florida Natural Areas Inventory (FNAI), Florida Geographic Data Library (FGDL), and other sources. Maps of previous sightings and critical habitat of listed species were compiled.

All maps were produced in GIS format and are presented in Figure 4.

The second phase of the study involved direct investigations and observation of the project site. The WSP scientists conducted pedestrian visual surveys of the site, as well as in-water benthic surveys. Records were made of wildlife observed, listed plant species found, evidence of wildlife utilization, and appropriate habitat for listed species.

3.2 WETLAND AND SURFACE WATER EVALUATION

Wetlands are those areas that are inundated or saturated by surface or ground water at a frequency and a duration sufficient to support a prevalence of hydrophytic vegetation. These species, due to physiological adaptations, can grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. Soils in wetlands are generally classified as hydric or alluvial. Wetlands in Florida generally include swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps, and other similar areas. These ecosystems provide important environmental functions including attenuation of flood water, water filtration, and wildlife habitat. In addition, coastal wetlands provide shoreline protection by dissipating wave energy and stabilizing soils.

A desktop review of the project area was performed using available data to determine the potential occurrences of wetlands and other surface waters. Baseline data sources include USFWS National Wetland Inventory (2022) (Figure 5), in addition to the critical habitat and seagrass resources map (FWC 2022; Figure 4). The results of the desktop analysis were used to guide field efforts.

WSP scientists next conducted a field survey of the project site. If potential wetland resources in the assessment area were identified, they were delineated in accordance with Florida Administrative Code, Chapter62-340, the USACE 1987 Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plains Region (version 2.0) (2010). Field resources included the FDEP manual on wetland delineation (January 2021 edition). The FDEP’s method for determining a wetland boundary is as follows:

“The landward extent of wetlands shall be determined by the dominance of plant species, soils, and other hydrologic evidence indicative of regular and periodic inundation or saturation. In all cases, attempts shall be made to locate the landward extent of wetlands visually by on-site inspection, or aerial photo interpretation in combination with ground truthing, without quantitative sampling.”

The limits of any delineated wetlands were recorded using a sub-meter GPS. Field notes, site sketches, photographs, and appropriate data forms were recorded.

3.3 BENTHIC RESOURCES SURVEY

The benthic survey was conducted in two phases. The first phase was a literature search and desktop mapping effort to identify species potentially found on the site as part of the T&E survey. Maps of critical habitat of listed species and seagrass resources were compiled (Figure 4). All maps were produced in GIS format.

The second phase of the study involved direct investigation and observation of the project site by WSP scientists.

The Florida Keys National Marine Sanctuary’s (FKNMS) Resource Assessment Survey Protocols for Nearshore Construction Projects (2022), Protocol for Benthic Surveys of Coral Resources in FKNMS (2011), and NOAA’s Protocol for Sampling Halophila johnsonii (2011) were followed for the benthic survey. Canal 82 was accessed via boat and the benthos were observed from the boat. WSP scientists observed the resources along the seawalls, riprap and mangrove roots. To aid in visualizing the canal bottom, an underwater remote operated vehicle (UROV) was utilized, and video was recorded. Records were made of wildlife observations, corals, sponges and other invertebrates, and any submerged aquatic vegetation found. Evidence of wildlife utilization, and appropriate habitat for listed species was also recorded. A survey for seagrass was conducted outside the canal using a 1m2 quadrangle and all locations were marked with GPS (Figure 6). Refer to Appendix B for site photographs.

Weather conditions during the site visit on May 16, 2023 were characterized with temperatures in the high 80 to low 90 degrees Fahrenheit. In the morning winds were 8 miles per hour (mph) north and, in the afternoon, they switched to 8 mph south-southeast. The water temperature was 85 degrees Fahrenheit.

4 RESULTS

4.1 THREATENED AND ENDANGERED SPECIES SURVEY

A comprehensive list of species observed on May 16, 2023 by WSP scientists is shown in Table 1.

A listing of threatened and endangered species for the area was obtained from the USFWS Information for Planning and consultation (IPaC) website (USFWS 2023). According to the report, there are 31 species that are known to occur, or have the potential to occur, within the vicinity of the projects. Numerous Birds of Conservation Concern (BCC) are also known to occur in the area. A copy of the Trust Resources List is included in Appendix C.

Additionally, a Biodiversity Matrix from the FNAI website was obtained to determine if State listed species may be affected by the proposed project (FNAI 2023). According to the report, there are 51 species that are known to occur, or have the potential to occur, within the vicinity of the project. This report does contain some overlap with the Federal listings from IPaC. A copy of the Biodiversity Matrix Query Results is included as Appendix C.

The American crocodile (Crocodylus acutus) has critical habitat overlapping with the project area and seagrass resources were identified as shown in Figure 4 (USFWS 2021, FWC FNAI 2019, FWC 2022). Notable species occurrences and likely consultation status are listed in Table 2. The evaluation has been limited to the species that have either been documented, documented-historic, or likely to occur by FNAI was based on the location. The adjacent residential community has an extremely limited capacity to support terrestrial-based T&E species. None of the species listed in Table 2 were observed within the project area during the site investigation.

The following paragraphs detail potential species of concern and their relationship to conditions at Canal 82.

4.1.1 AMERICAN CROCODILE

The project area does coincide with USFWS-designated American crocodile critical habitat area. No American crocodiles were observed on site. This species prefers the low wave action and protection provided by mangrove swamps. Due to the high boat traffic, it is not likely that the species heavily utilizes the project area and thus it is not likely that the species will be affected by the proposed activity.

4.1.2 SEA TURTLE

The potential for sea turtle nesting in the area was examined. Sea turtles are protected under the ESA and Florida’s Marine Turtle Protection Act. The project is not located in an FWC sea turtle nesting zone and no sea turtles or appropriate nesting habitat were observed. Thus, it is not likely that the species will be affected by the proposed activity and consultation with NOAA Fisheries in not expected.

4.1.3 SMALLTOOTH SAWFISH

The site is not located within a critical habitat area for the smalltooth sawfish (Pristis pectinata), a federally and state listed endangered species. They occupy a large variety of habitats, including seawall lined canals, piers, oyster bars, and mangrove shorelines. No smalltooth sawfish were observed during the benthic survey and are unlikely to use this site.

4.1.4 FLORIDA MANATEE

The Florida manatee (Trichechus manatus latirostris) is federally listed as threatened under the ESA and protected under the MMPA and by the Florida Manatee Sanctuary Act of 1978. They prefer shallow waterways with minimal wave action, particularly in areas with plentiful seagrasses and vegetation. Using GIS data available from FWC and

USFWS, seagrass habitat does exist adjacent to the project area (Figure 4) and there is a possibility that manatees can be found in the project area. No manatees were observed on site; however, all demolition and construction activities should follow the Standard Manatee Conditions for In-Water Work (2011) as directed by FWC and USFWS. Additionally, the construction within the canal would provide only a temporary disturbance to any manatees that may be utilizing this area. Based on 2013 Effects Determination Key for the Manatee in Florida (USACE), we conclude that this project may affect, but is not likely to adversely affect the Florida manatee as construction will adhere to the Standard Manatee Conditions for In-Water Work.

4.1.5 SEAGRASS HABITAT

Potential for impacts to seagrass habitat in the area was examined using GIS data available from FWC and USFWS and during the benthic resources survey. Florida’s seagrass beds play an important part in providing food, habitat, and nursery areas for many species within the marine ecosystem. Seagrass is considered Essential Fish Habitat (EFH) and is protected under the Magnuson-Stevens Fishery Conservation and Management Act administered through NOAA. From the GIS data available, the project area is adjacent to known seagrass habitat (Figure 4).

During the benthic survey phase of the project, a seagrass bed was identified within the canal, see Section 4.3.

4.1.6 OTHER SPECIES

Other listed species noted in the FNAI Biodiversity Matrix and IPaC Trust Resources list (Appendix C) were not considered to be present at the project site or potentially impacted by the project.

4.2 WETLAND AND SURFACE WATER EVALUATION

This section describes the general ecological conditions observed at the project site. An inspection of the proposed project area was conducted on May 16, 2023. The purpose of the inspection was to determine if any jurisdictional wetlands were located within the project area. These assessments were made by consultation with available literature, visual observation, and photographic documentation. Refer to Appendix B for photographs of the site.

The National Wetlands Inventory (NWI) (Figure 5) does identify wetlands in and adjacent to the site. The canal is identified as Estuarine and Marine Deepwater by the NWI. Typical wetlands expected in this area include mangrove swamps and coastal marshes. This was confirmed during the site investigation. Four groups of mangroves were identified during the site visit mainly near the mouth of Canal 82 (Figure 7). As identified on the Survey Results Map, Group 1 consisted of red mangroves (Rhizophora mangle). Group 2 was a majority of red mangroves with a small amount of white and black mangroves. Group 3 consists mainly of white mangroves with a large amount of them dead, and some red and black mangroves. Finally, Group 4 had a majority of red mangroves with some white mangroves and a small amount of black mangroves.

4.3 BENTHIC RESOURCES SURVEY

The visible benthic community within the project area was predominantly a silty bottom covered with detritus. No seagrass beds were identified within the canal through FWC seagrass mapping; however, seagrass (Halodule wrightii) was identified through the in-water survey (Figure 7). See Table 3 for the submerged aquatic vegetation (SAV) density of each quadrat.

Lesser starlet corals (Siderastrea radians) were identified outside the canal on the riprap along the mouth of the canal (Figure 7). In addition to a GPS position being taken, each coral colony was measured and photographed. The riprap on the northeastern side had only one colony (Point 1 in Figure 7; Photo 21 in Appendix B). Three coral colonies were identified on the riprap on the northeastern side across from the mouth of the canal (Point 2 in Figure 7; Photo 22-24 in Appendix B). Twelve colonies were found on riprap of the southwestern side of the canal mouth (Point 3 in Figure 7; Photo 25-35 in Appendix B). The colonies were sorted into size class (Table 4) and a relocation recommendation summary (Table 5) was also created.

During the benthic survey, many wildlife species were observed utilizing the project area. A complete list of observed species can be found in Table 1.

5 CONCLUSIONS

The goal of the proposed improvements is to restore the impaired waters of the canal by increasing dissolved oxygen levels to meet State 62-302 Class III marine water quality standards and encourage growth of seagrass and other benthic resources as well as prevent sargassum from falling out onto the canal bottom.

Based on the desktop review and the observations made during our field visit, we anticipate that construction activities may adversely affect benthic resources in the area. Construction plans include dredging and filling Canal 82 which may adversely affect the small seagrass bed located within the canal. The coral colonies are not likely to be disturbed as all construction will be within Canal 82; however, they can be relocated if necessary. Construction will adhere to the standards set by the NOAA Fisheries Southeast Regional Office, Protected Species Construction Conditions, as well as the Standard Manatee Conditions for In-Water Work (USFWS 2011) and Sea Turtle and Smalltooth Sawfish Construction Conditions (NOAA 2006).

New construction is required to maintain an average 25 feet and minimum 15 feet buffer from wetlands to avoid secondary impacts to those systems. The proposed project will not be able to provide this buffer due to proximity to the mangroves along the canal. The proposed project includes temporary construction within the canal.

Following construction, the adjacent mangrove wetland will continue to function at their current capacity;

therefore, secondary impacts are not anticipated.

Additionally, based on lack of suitable habitat, no other listed species are anticipated to be found within the limits of disturbance except when temporarily transiting the area. Wildlife utilizing the immediate project vicinity will only experience temporary disturbances from the construction activities. There will be no adverse changes to the existing use of the site.

6 TABLES AND FIGURES

Table 1 List of Observed Species on May 16th, 2023

COMMON NAME SCIENTIFIC NAME STATUS

Atlantic needlefish Strongylura marina NA

Spiny lobster Panulirus argus NA

Barracuda Sphyraena barracuda NA

Iguana Iguana iguana NA

Flat tree oysters Isognomon alatus NA

Mangrove tunicate Ecteinascidia turbinate NA

Tarpon Megalops atlanticus NA

Blue crab Callinectes sapidus NA

Bocourt swimming crab Callinectes bocourti NA

Mangrove tree crab Aratus pisonii NA

Anemone NA

Mangrove snapper Lutjanus griseus NA

Green moray eel Gymnothorax funebris NA

Yellow stingray Urobatis jamaicensis NA

Great egret Ardea alba NA

Green heron Butorides virescens NA

Great blue heron Ardea Herodias NA

Double-crested cormorant Phalacrocorax auritus NA

Least tern Sternula antillarum NA

Laughing gull Leucophaeus atricilla NA

White crowned pigeon Patagioenas leucocephala NA

Table 2 Threatened and Endangered Species

COMMON

NAME

SCIENTIFIC

NAME HABITAT

FEDERAL

LISTING

STATUS IPAC/FNAI

FNAI

DOCUMENTED OBSERVED

HABITAT

OBSERVED

Mammals

Florida panther Puma (=Felis) concolor coryi

Occur in peninsular Florida primarily south of Orlando. They will use all habitat types to some degree but rely upon forested areas that provide dense understory vegetation for rest sites, den sites and stalking cover. b

Endangered IPaC

No No

Puma Puma (=Felis) concolor (all subsp.

except coryi)

Large contiguous areas with dense understory vegetation consisting of forested patches. b

SAT IPaC No No

Key Largo woodrat

Neotoma floridana smalli

Tropical hardwood hammock, also known as "rock hammock". This habitat is characterized by subtropical vegetation. a

Endangered FNAI Potential No No

Key Largo cotton mouse

Peromyscus gossypinus allapaticola

Tropical hardwood hammocks in Key Largo, Florida. b

Endangered FNAI Likely No No

West Indian manatee

Trichechus manatus

Range freely between marine and freshwater habitats. Specific habitat types/use areas include foraging and drinking sites, resting areas, travel corridors and others. a

Threatened IPaC/FNAI Potential No Yes

Birds

Bachman’s warbler

Vermivora bachmanii

Inhabits bottomland forests and swamps (along with canebrakes). b

Endangered IPaC No No

Eastern black rail

Laterallus jamaicensis sp.

Jamaicensis

Dense cover in salt, brackish, and freshwater marsh habitats. c

Threatened IPaC No No

Wood stork Mycteria americana

Nesting: mixed hardwood swamps, sloughs, mangroves, cypress domes/strands; Foraging:

freshwater and estuarine marshes. b

Threatened IPaC No No

Piping plover Charadrius melodus

Sandy beaches, tidal mudflats, and sandflats along the coast. d

Threatened FNAI Potential No No

Reptiles

American alligator

Alligator mississippiensis

Freshwater and brackish water habitats and associated wetlands. b

SAT IPaC Yes No

American crocodile

Crocodylus acutus

Inhabit brackish or saltwater areas and can be found in ponds, coves, and creeks in mangrove swamps. Occasionally, crocodiles are encountered inland in freshwater areas along the southern Florida coast. b

Threatened IPaC/FNAI Likely No No

Eastern indigo snake

Drymarchon corais couperi

Pine flatwoods, hardwood forests, moist hammocks, and areas that surround cypress swamps. b

Threatened IPaC/FNAI Potential No No

Florida Keys mole skink

Plestiodon egregius egregius

Sandy areas under rocks, leaf litter, and tidal wracks. b

Proposed Threatened

IPaC No No

Green sea turtle Chelonia mydas Estuarine and marine coastal and oceanic waters.

d

Threatened IPaC/FNAI Potential No No

Hawksbill sea turtle

Eretmochelys imbricata

Marine coastal and oceanic waters. d Endangered IPaC/FNAI Potential No No

Leatherback sea turtle

Dermochelys coriacea

Oceanic waters. d Endangered IPaC No No

Loggerhead sea turtle

Caretta caretta Marine coastal and oceanic waters. d Threatened IPaC/FNAI Potential No No

Fishes

Gulf sturgeon Acipenser oxyrinchus (=oxyrhynchus) desotoi

Gulf of Mexico and its associated estuaries and major coastal rivers where limestone outcrops are present. d

Threatened IPaC No No

Invertebrates

Bartram’s hairstreak butterfly

Strymon acis bartrami

Within pine rockland habitats that contain its sole host plant, pineland croton. f

Endangered IPaC No No

Florida leafwing butterfly

Anaea troglodyta floridalis

Pine rockland. f Endangered IPaC No No

Miami blue butterfly

Cyclargus (=Hemiargus) thomasi bethunebakeri

Tropical hardwood hammocks, tropical pine rocklands, and beachside scrub in Florida. b

Endangered IPaC No No

Schaus swallowtail butterfly

Heraclides aristodemus ponceanus

Tropical hardwood hammocks in Key Largo and the islands in Biscayne National Park that support the species primary habitat. b

Endangered IPaC/FNAI Potential No No

Flowering Plants

Big pine partridge pea

Chamaecrista lineata keyensis

Pine rocklands. e Endangered IPaC No No

Blodgett’s silverbush

Argythamnia blodgettii

Pine rocklands and coastal hammocks. Moist, well-drained limestone soils, with or without humusy top layer. e

Threatened IPaC/FNAI Potential No No

Cape sable thoroughwort

Chromolaena frustrata

Coastal rock barrens and berms, sunny edges of rockland hammock. Florida Keys thoroughwort:

pine rocklands, rockland hammocks. d

Endangered IPaC No No

Everglades bully

Sideroxylon reclinatum ssp.

austrofloridense

Pine rocklands and graminoid freshwater prairies.

e

Threatened IPaC No No

Florida pineland crabgrass

Digitaria pauciflora

Pine rocklands and graminoid freshwater prairies throughout its range. f

Threatened IPaC No No

Florida prairie-clover

Dalea carthagenensis floridana

Pine rocklands, edges of rockland hammocks, coastal uplands, marl prairie. d

Endangered IPaC No No

Florida semaphore cactus

Consolea corallicola

Buttonwood zone between rockland hammock and coastal swamp; historically known from coastal berms. d

Endangered IPaC No No

Key tree cactus Pilosocereus robinii

Openings in tropical hardwood hammocks, cactus hammocks, and thorn scrub, over oolitic limestone. d

Endangered IPaC/FNAI Potential No No

Sand flax Linum arenicola Pine rockland, marl prairie, and adjacent disturbed areas. d

Endangered IPaC/FNAI Potential No No

Wedge spurge Chamaesyce deltoidea serpyllum

Pine rocklands with scattered shrubs and exposed limestone. d

Endangered IPaC/FNAI Documented No No a United States Fish and Wildlife Service (USFWS). 2023. Information for Planning and Consultation (IPaC) Resource Report. Generated June 2023 from website:

https://ecos.fws.gov/ipac/.

b Florida Fish and Wildlife Conservation Commission (FWC). 2023. Species Profiles. Website accessed June 2023: https://myfwc.com/wildlifehabitats/profiles/.

c USFWS. 2023. Southeastern Wildlife, Species Profiles. Website accessed August 2021: https://www.fws.gov/southeast/wildlife/.

d Florida Natural Areas Inventory (FNAI). 2000. Field Guide to the Rare Animals of Florida. Florida Natural Area Inventory, Tallahassee, FL.

e The Institute for Regional Conservation (IRC). 2023. The Floristic Inventory of South Florida. Plant Database Quick Search. Website accessed June 2023:

https://www.regionalconservation.org/ircs/Database/search/QuickSearch.asp.

f National Park Service (NPS). 2023. Everglades National Park Florida. Website accessed June 2023: https://www.nps.gov/ever/learn/nature/

Table 3 Seagrass Quadrant Densities

QUADRAT

PERCENTAGE

Halodule wrightii Caulerpa sp. Udotea flabellum Silt

Q1 35 65

Q2 5 6 89

Q3 85 15

Q4 5 6 89

Q5 85 15

Q6 90 10

Q7 75 25

Table 4 Coral Size Classes

SPECIES

SIZE CLASS

0 – 5 6 – 10 11 – 19 20 – 29 30 – 39 40 – 49 TOTAL

Siderastrea radians 6 6 2 2 16

Table 5 Coral relocation recommendation summary

SPECIES

TOTAL NUMBER

CANDIDATES

FOR

RELOCATION

TOTAL AREA

(CM2) TO BE

RELOCATED

TOTAL NUMBER

NOT CANDIDATES

FOR RELOCATION

TOTAL AREA (CM2)

NOT CANDIDATES

FOR RELOCATION

TOTAL

NUMBER

LOCATED

ON DEBRIS

TOTA AREA

(CM2)

LOCATED ON

DEBRIS

Siderastrea radians 16 1,659.8

Figure 1: Location of Canal 82 Rock Harbor

Figure 2: Aerial Map of Canal 82 Rock Harbor

Figure 3: Land Use Map of Canal 82 Rock Harbor

Figure 4: Critical habitat and seagrass beds surrounding Canal 82 Rock Harbor

Figure 5: National Wetlands Inventory Map of Canal 82 Rock Harbor

Figure 6: Location of seagrass quadrats in Canal 82 Rock Harbor

Figure 7: Survey results of Canal 82 Rock Harbor

REFERENCES

Florida International University (2016) Canal Subcommittee Meeting: Update. Presentation September 2016

Florida International University (2012) The Grass is Always Greener: Seagrass Ecology in South Florida.

http://seagrass.fiu.edu/resources/Florida%20Keys%20Cultural%20Center%20Feb%2017%202012.pdf

Florida Department of Environmental Protection (FDEP). 2021. Delineation of the Landward Extent of Wetlands and Surface Waters (FDEP, Chapter 62.340, F.A.C)

Florida Fish and Wildlife Conservation Commission (FWC). 2011. Recommended Protocols for Estuarine and Marine Submerged Aquatic Vegetation (SAV) related to Permitting Applications (Draft) http://myfwc.com/media/1626941/SeagrassSurveyProtocol.pdf

Florida Natural Areas Inventory (FNAI), 2023. Biodiversity matrix report generated for Canal 82 project area.

Website accessed May 2023: https://www.fnai.org/BiodiversityMatrix/index.html

National Oceanic Atmospheric Association. 2022. Resource Assessment Survey Protocols for Nearshore Construction Projects November 30, 2022.

National Oceanic Atmospheric Association. 2011. Protocol for Benthic Surveys of Coral Resources in FKNMS April 29, 2011 (Seawalls & Shoreline Structures (rip rap, bulkheads, boat ramps, bridges)

National Oceanic Atmospheric Association. 2011. Protocol for Benthic Surveys of Coral Resources in FKNMS April 29, 2011 (Docks and in-water structures (single family & multislip projects, marinas, dredging)

National Oceanic Atmospheric Association.

http://sero.nmfs.noaa.gov/pr/docs/JSG%20Survey%20Guidelines.pdf

Paul Humann. 2003. Reef Coral Identification (Florida, Caribbean, Bahamas) Enlarged 2nd Edition

US Fish and Wildlife Service. 2023. Information for Planning and Consultation report generation for Canal project area. Website accessed May 2023:

https://ipac.ecosphere.fws.gov/?state=Ko561FAIUpnjIGED1JrEkaFEwmXpU6

APPENDIX

A CONSTRUCTION

CONDITIONS FOR IN-

WATER WORK

PROTECTED SPECIES CONSTRUCTION CONDITIONS,

NOAA FISHERIES SOUTHEAST REGIONAL OFFICE

The action agency and any permittee shall comply with the following construction conditions for protected species under the jurisdiction of NOAA Fisheries Southeast Regional Office (SERO) Protected Resources Division (PRD):1

Protected Species Sightings–The action agency and any permittee shall ensure that all personnel associated with the project are instructed about the potential presence of species protected under the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA). All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing listed species and all marine mammals. To determine which protected species and critical habitat may be found in the transit area, please review the relevant marine mammal and ESA-listed species at Find A Species (https://www.fisheries.noaa.gov/find-species) and the consultation documents that have been completed for the project.

1. Equipment–Turbidity curtains, if used, shall be made of material in which protected species cannot become entangled and be regularly monitored to avoid protected species entrapment. All turbidity curtains and other in-water equipment shall be properly secured with materials that reduce the risk of protected species entanglement and entrapment.

a. In-water lines (rope, chain, and cable, including the lines to secure turbidity curtains) shall be stiff, taut, and non-looping. Examples of such lines are heavy metal chains or heavy cables that do not readily loop and tangle. Flexible in-water lines, such as nylon rope or any lines that could loop or tangle, shall be enclosed in a plastic or rubber sleeve/tube to add rigidity and prevent the line from looping and tangling. In all instances, no excess line shall be allowed in the water. All anchoring shall be in areas free from hardbottom and seagrass.

b. Turbidity curtains and other in-water equipment shall be placed in a manner that does not entrap protected species within the project area and minimizes the extent and duration of their exclusion from the project area.

c. Turbidity barriers shall be positioned in a way that minimizes the extent and duration of protected species exclusion from important habitat (e.g. critical habitat, hardbottom, seagrass) in the project area.

2. Operations–For construction work that is generally stationary (e.g., barge-mounted equipment dredging a berth or section of river, or shore-based equipment extending into the water):

a. Operations of moving equipment shall cease if a protected species is observed within 150 feet of operations.

1 Manatees are managed under the jurisdiction of the U.S. Fish and Wildlife Service.

https://www.fisheries.noaa.gov/species-directory/marine-mammals?species_category=any&species_status=any&regions=1000001121&items_per_page=25&sort= https://www.fisheries.noaa.gov/species-directory/threatened-endangered?title=&species_category=any&species_status=any&regions=1000001121&items_per_page=25&sort= https://www.fisheries.noaa.gov/find-species https://www.fisheries.noaa.gov/find-species

b. Activities shall not resume until the protected species has departed the project area of its own volition (e.g., species was observed departing or 20 minutes have passed since the animal was last seen in the area).

3. Vessels–For projects requiring vessels, the action agency, and any permittee shall ensure conditions in the Vessel Strike Avoidance Measures are implemented as part of the project/permit issuance (https://www.fisheries.noaa.gov/southeast/consultations/regulations-policies-and-guidance).

4. Consultation Reporting Requirements–Any interaction with a protected species shall be reported immediately to NOAA Fisheries SERO PRD and the local authorized stranding/rescue organization.

To report to NOAA Fisheries SERO PRD, send an email to takereport.nmfsser@noaa.gov.

Please include the species involved, the circumstances of the interaction, the fate and disposition of the species involved, photos (if available), and contact information for the person who can provide additional details if requested. Please include the project’s Environmental Consultation Organizer (ECO) number and project title in the subject line of email reports.

To report the interaction to the local stranding/rescue organization, please see the following website for the most up to date information for reporting sick, injured, or dead protected species:

Reporting Violations–To report an ESA or MMPA violation, call the NOAA Fisheries Enforcement Hotline. This hotline is available 24 hours a day, 7 days week for anyone in the United States.

NOAA Fisheries Enforcement Hotline (800) 853-1964

5. Additional Conditions–Any special construction conditions, required of your specific project, outside these general conditions, if applicable, will be addressed in the project consultation and must also be complied with.

For additional information, please contact NOAA Fisheries SERO PRD at:

NOAA Fisheries Service Southeast Regional Office 263 13th

Avenue South St. Petersburg, Florida 33701 Tel: (727) 824-5312 Visit us on the web at Protected Marine Life in the Southeast (https://www.fisheries.noaa.gov/region/southeast#protected-marine-life)

Revised: May 2021 https://media.fisheries.noaa.gov/2021-06/Vessel_Strike_Avoidance_Measures.pdf?null mailto:takereport.nmfsser@noaa.gov https://www.fisheries.noaa.gov/region/southeast#protected-marine-life https://www.fisheries.noaa.gov/region/southeast%23protected-marine-life

STANDARD MANATEE CONDITIONS FOR IN-WATER WORK

The permittee shall comply with the following conditions intended to protect manatees from direct project effects:

a. All personnel associated with the project shall be instructed about the presence of manatees and manatee speed zones, and the need to avoid collisions with and injury to manatees. The permittee shall advise all construction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act, the Endangered Species Act, and the Florida Manatee Sanctuary Act.

b. All vessels associated with the construction project shall operate at "Idle Speed/No

Wake” at all times while in the immediate area and while in water where the draft of the vessel provides less than a four-foot clearance from the bottom. All vessels will follow routes of deep water whenever possible.

c. Siltation or turbidity barriers shall be made of material in which manatees cannot become entangled, shall be properly secured, and shall be regularly monitored to avoid manatee entanglement or entrapment. Barriers must not impede manatee movement.

d. All on-site project personnel are responsible for observing water-related activities for the presence of manatee(s). All in-water operations, including vessels, must be shutdown if a manatee(s) comes within 50 feet of the operation. Activities will not resume until the manatee(s) has moved beyond the 50-foot radius of the project operation, or until 30 minutes elapses if the manatee(s) has not reappeared within 50 feet of the operation.

Animals must not be herded away or harassed into leaving.

e. Any collision with or injury to a manatee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission (FWC) Hotline at 1-888-404-3922. Collision and/or injury should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-731-3336) for north Florida or in Vero Beach (1-772-562-3909) for south Florida, and emailed to FWC at ImperiledSpecies@myFWC.com.

f. Temporary signs concerning manatees shall be posted prior to and during all in-water project activities. All signs are to be removed by the permittee upon completion of the project. Temporary signs that have already been approved for this use by the FWC must be used. One sign which reads Caution: Boaters must be posted. A second sign measuring at least 8½ " by 11" explaining the requirements for “Idle Speed/No Wake” and the shut down of in-water operations must be posted in a location prominently visible to all personnel engaged in water-related activities. These signs can be viewed at http://www.myfwc.com/WILDLIFEHABITATS/manatee_sign_vendors.htm. Questions concerning these signs can be forwarded to the email address listed above.

UNITED STATES DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

NATIONAL MARINE FISHERIES SERVICE

Southeast…