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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2005-00889 (SP-CMC)

Posted: 11/7/2017

Expiration date: 11/28/2017


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:

APPLICANT: Vasco PGF Development, LLC
                      c/o Mr. John B. Urbahns
                      7914 N. Shadeland Avenue, Suite 200
                      Indianapolis, Indiana 46250

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Tarpon Canal which leads into Alligator Creek. The project area is located at 4000 Vasco Street, Punta Gorda, Section 19, Township 41 South, Range 23 East, Charlotte County, Florida.

Directions to project area: From I-75, take exit 161 and head west on Jones Loop Road to U.S. 41 (Tamiami Trail); make a right on U.S. 41; make a left on Rio Villa Drive; make a left on Vascot Street and arrive at project address on left.

APPROXIMATE COORDINATES: Latitude: 26.900199 º
                                                       Longitude: -82.047246 º

PROJECT PURPOSE: To construct 24 single family homes in Punta Gorda, Florida with associated seawall and 24 single family boat docks to allow residents recreational access.

Basic: Housing

Overall: To construct multiple single family residential developments with associated boat dock access and shoreline stabilization along the property.

EXISTING CONDITIONS: The project area consist of disturbed land with an existing red mangrove (Rhizophora mangle) fringe that is infested by Brazilian pepper (Schinus terebinthifolia) along the Tarpon Canal system which is directly connected to Alligator Creek and Charlotte Harbor and consists of 7.30 acres.

The substrate in this area consists of soft mud bottom and has no benthic resources. The area surrounding the waterways consist of predominantly single-family residences, seawalls, boat docks, and some shorelines along the south side of Alligator Creek.

BACKGROUND: A Department of the Army (DA) (SAJ-2005-889) permit was issued on 8 April 2008 for 1,880 linear feet of seawall, installation of 1,902 linear feet of riprap, and the dredging of 1,457 cubic yards (cy) of sediment from the Tarpon Canal Waterways system to a depth of (-) 5 feet at Mean Low Water (MLW). This permit expired in April of 2013.

PROPOSED WORK: The applicant seeks authorization for a permit to:

1) Install 1,876 linear feet of seawall along the eastern boundary of the project, that will result in approximately 3,839 cubic yards of backfill above the Mean High Water Mark (MHWM) adjacent to the Tarpon Canal that will result in 0.06 acres of impact to mangrove wetlands within the man-made canal; and

2) Construct 24 single family docks measuring 8’ X 16’.

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 seawall has been designed to avoid impacts to the mangrove fringe where feasible. The majority of the seawall will be constructed landward of the Mean High Water Line (MHWL) to avoid mangrove impacts. Due to site restraints and the need for minimum lot sizes, a portion of the seawall will be located waterward of MHWL, resulting in 0.06 acres of mangrove impact.

COMPENSATORY MITIGATION:

The applicant has provided the following explanation why compensatory mitigation should not be required:

Consistent with the previously approved permit, the applicant is proposing mitigation in the form of wetland creation which was previously constructed as a condition of the original permit. The approved UMAM analysis demonstrated that the proposed impacts will result in a loss of 0.04 functional units while the proposed mitigation will result in a gain of 0.10 functional units for a net increase of 0.06 functional units associated with the proposed impacts and mitigation.

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 (SHPO) and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES:

The Corps has determined that the proposed project will result in a “may affect, not likely to adversely affect” for the below-listed species.

1) Smalltooth sawfish (Pristis pectinata), the Green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), Hawksbill (Eretmochelys imbricate), Leatherback (Dermochelys coracea) sea turtle, and the Threatened Loggerhead sea turtle (Caretta caretta).

The Corps has determined that the proposed project will result in a “may affect” on the smalltooth sawfish (Pristis pectinata) designated critical habitat. The Corps will request initiation of form consultation with the the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.

2) West Indian (Florida) manatee (Trichechus manatus latirostris) and its designated critical habitat.

Using the Florida Effect Determination Key for the Manatee in Florida (April 2013), the U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect the West Indian (Florida) manatee (Trichechus manatus latirostris) [A > B > C > G > H > I > J > L > N] determination for the West Indian manatee and its critical habitat. The Corps will request initiation of formal consultation for this species with the U.S. Fish and Wildlife Service (FWS) pursuant to Section 7 of the Endangered Species Act by 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. The proposal would impact approximately 27.7 ac of water column, non-vegetated substrate utilized by various life stages of Red Drum, Reef Fish (43 species), Shrimp (4 species), and Coastal Migratory Pelagics. 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 been verified and 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 Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919 within 21 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, Allison Murphy in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919, by electronic mail at Allison.C.Murphy@usace.army.mil, by fax at (239)334-0797, or by telephone at (239) 334-1975 extension 33.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

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 of 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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.


Charlotte County Jacksonville Distrct permit public notice U. S. .Army Corps of Engineers USACE