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Donald W. Kinard <br />Page 2 <br />For all applications to construct residential dock facilities that reach a "may affect, not likely to <br />adversely affect" determination using the 2013 Manatee Key, the Service concurs with these <br />determinations and no further consultation with the Service is necessary. As such, the Service <br />will not receive permit applications from the Corps for these types of facilities. <br />For those counties with a watercraft -related mortality .rate that averages less than one dead <br />manatee a year, we conclude take is not reasonably certain to occur as a result of new or <br />expanding watercraft access facilities in these counties. Therefore, for multi -slip facilities <br />proposed to be built or expanded in those counties that reach a "may affect, not likely to <br />adversely affect" determination using the 2013 Manatee Key, the Service concurs with these <br />effect determinations and .no further consultation with the Service is necessary. <br />For all applications to repair or replace existing multi -slip facilities that do not provide new <br />watercraft access and reach a "may affect, not likely to adversely affect" determination using the <br />2013 Manatee Key, the Service concurs with these determinations. As such, the Service wi11 not <br />receive permit applications from the Corps for these types of existing facilities since they were <br />covered by the Service's March 17, 2011, consultation on the 2011 Manatee Key. <br />All other future applications for multi -slip facilities reaching a "may affect, not likely to <br />adversely affect" determination using the 2013 Manatee Key will be forwarded to the Service for <br />concurrence. The Corps agreed to forward to the Service those applications that are consistent <br />with the Manatee Key. <br />All culverts 8 inches to 8 feet in diameter must be grated to prevent manatee entrapment. To <br />effectively prevent manatee access, grates must be permanently fixed, spaced a maximum of 8 inches <br />apart (may be less for culverts smaller than 16 inches in diameter) and may be installed <br />diagonally, horizontally, or vertically. Culverts less than 8 inches or greater than 8 feet in <br />diameter are exempt from this requirement. If new culverts and/or the maintenance or modification <br />of existing culverts are grated as described above, the determination of "may affect, not likely to <br />adversely affect"' is appropriate and no further consultation with the Service is necessary. <br />We have examined the April 2013 version of the Manatee Key and its enclosures and agree with <br />its structure and content. Currently, the FWC does not require implementation of the signage <br />component of the standard construction conditions for in -water work for the State's review of the <br />permit application. However„the Corps and..the Service will require applicants to implement the <br />signage component of the standard construction, conditions for any in -water work authorized by a <br />Department of the Army permit. Therefore; except as noted above, for all future applications <br />reviewed with. the April 2013 version of the Manatee Key in which the Corps reaches a "may <br />affect, not likely to adversely affect'” determination with respect to the manatee and/or its <br />designated critical habitat" the Service hereby concurs with those determinations in accordance <br />with 50 CFR 402.14(b)1. As such, the March 2011 version of the Manatee Key and its <br />associated maps, as well as other earlier versions of the Manatee Key, are no longer applicable. <br />169 <br />