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 Rock Industries, Incorporated
Post Office Box 4667
Jacksonville, Florida 32201
WATERWAY AND LOCATION: The East Naples Mine (Project) would affect waters of the United States associated with the West Collier drainage basin. The project site is located approximately two (2) miles north of Interstate 75 and four (4) miles east of County Road 951 (Collier Boulevard) in Sections 16, 20, 21, 27, 28 and 29, Township 49 South, Range 27 East, Collier County.
Directions to the site are as follows: Follow Interstate 75 to Pine Ridge Road, east on Pine Ridge Road, continue on Pine Ridge Road when it crosses Collier Boulevard (CR 951) and becomes White Boulevard, continue along White Boulevard until it ends at 23rd Street SW, go south on 23rd Street SW until it ends at Brantley Boulevard/Keane Avenue, go east on Brantley Boulevard/Kean Avenue until it ends at the western edge of the project location.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.186322°
Longitude: -81.614136°
PROJECT PURPOSE:
Basic: Mining
Overall: The construction and operation activities associated with rock mining in Collier County, Florida.
PROJECT HISTORY: A public notice was issued on June 5, 2006 for the proposed project which included a fifteen (15) year permit request for the construction and operation activities for rock mining. The original request, included the disturbance to approximately 538.00 acres of wetlands, 47.25 acres of non-jurisdictional wetlands and 0.93 acres of other surface waters by dredging for rock excavation and/or filling for perimeter berms/plant site facilities and the haul road. In addition, 19.29 acres of wetlands and 0.13 acres of other surface waters are proposed to be impacted for the construction of the South Access Road Corridor.
Since the original public notice, the Applicant has reduced the mine boundary from 1,416.21 acres to 341.53 acres and removed the Southern Access Road Corridor (SARC). Since the SARC was removed, the Applicant proposes access to the site by the West Access Corridor and North Access Corridor. The current mine plan and access corridors have reduced wetland impacts from 557.29 acres to 11.70 acres.
EXISTING CONDITIONS: The East Naples Mine totals 341.53 acres and consists of approximately 12.15 acres of jurisdictional wetlands, 0.02 acres on jurisdictional waters and 47.42 acres of non-jurisdictional acres. The existing land uses or cover types for the project site include pasture lands; undeveloped shrub and forested uplands; and undeveloped freshwater herbaceous, shrub, and forested wetlands. The project site is currently used for cattle grazing. The freshwater wetland system has been disturbed by drainage and exotic species. The adjacent land uses or cover types include undeveloped shrub and forested uplands; undeveloped freshwater herbaceous, shrub, and forested wetlands; and a mining operation.
The West Access Corridor (Latitude 26.184291, Longitude -81.629440) consists of 6.01acres of uplands, 1.15 acres of jurisdictional wetlands, and 0.45 acres of jurisdictional waters. The land uses or cover types include Brantley Boulevard, pasture lands, undeveloped forested uplands, disturbed herbaceous wetlands, undeveloped forested wetlands, and ditch. The existing area surrounding the West Access Corridor consists of undeveloped shrub and forested uplands, forested wetlands, pasture, single family home sites, and commercial plant nurseries.
The North Access Corridor (Latitude 26.195791, Longitude -81.621439) consists of 4.27 acres of uplands and 0.47 acres of jurisdictional wetlands. The land uses or cover types include cleared land, undeveloped forested uplands, and undeveloped herbaceous and forested wetlands. The existing area surrounding the North Access Corridor consists of undeveloped shrub and forested uplands, forested wetlands, pasture, single family home sites, and mining.
PROPOSED WORK: The applicant seeks a fifteen (15) year permit for the construction and operation activities for rock mining, which will require disturbance to approximately 10.08 acres of wetlands, 46.97 acres of non-jurisdictional wetlands, and 0.64 acres of non-jurisdictional other surface waters by dredging for rock excavation and/or filling for perimeter berms/plant site facilities. In addition, 1.15 acres of wetlands and 0.45 acres of other surface waters are proposed to be impacted for the West Access Corridor and 0.47 acres of jurisdictional wetlands are proposed to be impacted for the North Access Corridor.
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:
Site selection is compatible with the county’s long range land use strategy designed to protect natural resources by directing development towards lands with a lesser degree of environmental or listed species habitat value. The Project site is located in an area designated as Receiving Lands in the county’s Rural Fringe Mixed Use District (RFMUD). Receiving Lands are those lands within the RFMUD that have been identified as being most appropriate for development.
The applicant considered several design alternatives for the Project to further minimize the discharge of dredge and fill material to regulated waters. Since the original Public Notice, the applicant has avoided and minimized wetland impacts by reducing the mine boundary from 1,416.21 acres to 341.53 acres and removing the SARC. The applicant has reduced total jurisdictional wetland impacts for this application from 557.29 acres to 11.70 acres, including the new north and west corridor access.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
In order to offset the loss of wetland functions, mitigation for the mine site and access corridors is proposed through the off-site preservation and enhancement of 262.17 acres of jurisdictional wetlands, 2.76 acres of non-jurisdictional wetlands, 0.27 acre of waters, and 113.20 acres of uplands. Mitigation will provide an excess of over 57 functional wetland units based on analysis using the Uniform Mitigation Assessment Method. The applicant would like to reserve the right to use any excess wetland functional units in the future should this be deemed appropriate following Corps review and permitting as necessary.
The off-site mitigation site (Latitude: 26.176266, Longitude: -81.593762) contains important habitat for a variety of plant and wildlife species and is located within an area of the North Belle Meade identified by Collier County as a Natural Resource Protection Area and as a Priority Watershed by the U.S. Environmental Protection Agency, Region 4. The compensatory mitigation area would be placed in a conservation easement dedicated to the Florida Department of Environmental Protection with third party enforcement rights granted to the Corps and the U.S. Fish and Wildlife Service.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
The Project site is located in an area where the Eastern indigo snake (Drymarchon corais couperi) may occur. A species survey conducted of the Project site by the applicant’s agent did not reveal the presence of any indigo snakes or of its commensal species, the gopher tortoise (Gopherus polyphemus). No gopher tortoise burrows were identified during the survey. Based on the Eastern Indigo Snake Effect Determination Key (dated August 1, 2017), the Corps determination sequence is as follows: A > B > C > “may affect”. The permit instrument, if issued, would contain the Standard Protective Measures for Eastern Indigo Snake which must be followed during all construction activities. The applicant has committed to a plan of mitigation that will enhance and preserve over 370 acres of land that can provide habitat support for the indigo snake. The Corps determined the proposed project “may affect” the eastern indigo snake and will request formal consultation on this species from the US Fish and Wildlife Service (USFWS) via a separate letter.
The Project site is within USFWS designated Focus Areas for the Florida panther (Puma concolor coryi). Using the Florida Panther Effect Determination Key (February 19, 2007), the proposal keyed as follows: A., C., The Project is greater than one acre resulting in a “may affect” determination for the panther. Pursuant to Section 7 of ESA, the Corps will request the USFWS to initiate formal consultation (for this species) via a separate letter.
The Project site is within a USFWS designated Focal Area for the Florida bonneted bat (Eumops floridanus) (FBB). The applicant conducted a Florida bonneted bat roost and acoustic survey of the mine Project area. The survey did not detect Florida bonneted bats on the mine site. However, because of the known use of the project area by the Florida bonneted bat, the likelihood that the Florida bonneted bat would occur on the 370-acre mitigation area and would be affected by management activities, and the potential creation of new forage and drinking water habitat by open mine sites created by the proposal, the Corps has determined the proposal “may affect” the FBB and will formal consultation for this species from the USFWS via a separate letter.
The Project site is within wood stork (Mycteria americana) core foraging areas and supports marginally Suitable Foraging Habitat (SFH) for the wood stork. The applicant has committed to a plan of mitigation that will enhance and preserve over 370 acres of land that can provide habitat support for the wood stork. The Corps completed an evaluation of the project based upon the USFWS South Florida Ecological Services Office Programmatic Concurrence for use with the Wood Stork (May 18, 2010). Use of the Key for the Wood Stork resulted in the following sequential determination: A > B > C > E. The Corps determined the proposed project “may affect, but is not likely to adversely affect” (MANLAA) the wood stork and will request concurrence from the US Fish and Wildlife Service (USFWS) via a separate letter.
The Project site is located within a USFWS designated consultation area for the Everglade snail kite (Rostrhamus sociabilis plumbeus). The Project site does not contain USFWS designated snail kite critical habitat and is not within a Priority Management Zone for the snail kite. Surveys conducted by the applicant found no use of the Project site by Everglade snail kite. The Corps preliminary determination is that the Project “may affect, but is not likely to adversely affect’ (MANLAA) for the snail kite and will request concurrence from the USFWS via a separate letter.
The Project occurs within the Consultation Area of the red-cockaded woodpecker (Picoides borealis) (RCW) and there are documented occurrences of RCW clusters near the mine site. The original mine boundary has been reduced to eliminate those lands previously documented as providing foraging habitat for RCW. The habitats found on the proposed reduced Project area are not as suitable for the RCW and there is limited area for foraging and nest tree development. In addition, there are no documented active RCW colonies within the Project area. Over 200 acres of cover types that could be used by RCW will be enhanced and preserved in the mitigation area as a result of the proposed action. RCW habitat on the site will be augmented by construction of artificial nesting opportunities. The Corps has determined the proposal “may affect, but is not likely to adversely affect” (MANLAA) the RCW. The Corps will request FWS concurrence with this determination via a separate letter.
The Project site is within a USFWS designated consultation area for the Florida scrub jay (Aphelocoma coerulescens). The Florida scrub jay lives only in scrub and scrubby flatwoods habitats found on nearly pure, excessively well-drained, sandy soils. Scrub jay habitat is dominated by a layer of evergreen oaks [myrtle oak (Quercus myrtifolia) and/or Archbold oak (Q. inopina), sand live oak (Q. geminata), Chapman oak (Q. chapmanii), and runner oak (Q. minima)], rusty lyonia (Lyonia ferruginea), and Florida rosemary (Ceratiola ericoides). Ground cover is sparse, dominated by saw palmetto (Serenoa repens) and sand palmetto (Sabal etonia).
(http://www.fws.gov/northflorida//Species-Accounts/Fla-Scrub-Jay-2005.htm10/22/2015). The project site does not contain suitable Florida scrub jay habitat. Surveys conducted by the applicant found no use of the project site by Florida scrub jay. The Corps preliminary determination is that the proposal will have no effect on the scrub jay and will request concurrence from the FWS via a separate letter.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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.
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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the West Permits Branch Mining Team, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610 within 15 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, Mindy Hogan-Charles, in writing at the West Permits Branch Mining Team, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Melinda.G.Hogan-Charels@usace.army.mil ; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7066.
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. 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.
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.