Public Notice Notifications

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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).

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SAJ-2007-06126 (SP-SJF)

Published Aug. 28, 2019
Expiration date: 9/12/2019
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: Collier County Board of County Commissioners
Collier County Transportation Engineering Department
Growth Management Division
C/o Jay Ahmad, P.E.
2885 South Horseshoe Drive
Naples, Florida 34104


WATERWAY AND LOCATION: The project would affect waters of the United States associated with a non-tidal wetland associated with the Golden Gate drainage basin. The project site is located within the Golden Gate Boulevard (County Route 876) Right-of-Way, starting at Wilson Boulevard and ending at DeSoto Boulevard in Sections 1-4, Township 49 South, Range 27 East, and Sections 4-6, Township 49 South, Range 28 East, all within Collier County, Florida.

Directions to the site are as follows: From I-75 S; Take exit 111 onto Collier Blvd; Turn left onto Golden Gate Blvd.


APPROXIMATE CENTRAL COORDINATES:
Latitude 26.230581°
Longitude -81.544531°


PROJECT PURPOSE:
Basic: The basic project purpose is expansion of an existing roadway.
Overall: The overall project purpose is expansion of the existing Golden Gate Boulevard in Collier County, Florida.


EXISTING CONDITIONS: The existing area surrounding the project area consists of an existing 2-lane roadway within the Golden Gate Boulevard Right-of-Way.


BACKGROUND: An ACOE permit for the work described in this Public Notice was originally issued on 15 August 2014 and construction of Phase 2 is ongoing. A request for time extension was received by the Corps on 29 March 2019 prior to expiration of the permit. The project consists of 3 phases: 1) Phase 1 construction is complete from Wilson Parkway to 18th Street NE; 2) Phase 2 construction is ongoing from 18th Street NE to Everglades Blvd; 3) Phase 3 construction from Everglades Blvd. to DeSoto Blvd. is scheduled for future. The applicant purchased 4.47 freshwater palustrian credits on 9/2/2014 and 405.4 Panther Habitat Units (PHUs) on 5/27/2014 to satisfy the mitigation requirements.


PROPOSED WORK: The applicant seeks authorization to widen an approximate 5.7-mile stretch of Golden Gate Boulevard, from a two-lane highway to a four-lane highway, from Wilson Boulevard to DeSoto Boulevard. This expansion will result in the discharge of 8,098 cubic yards of fill material into 2.68 acres of palustrine forested wetlands; and the excavation of 11,065.8 cubic yards of fill material over 2.29 acres of jurisdictional waters of the United States.


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: Due to the linear nature of the project and the necessity to construct the additional lanes adjacent to the existing roadway, the potential for elimination of wetland impacts is limited. Although wetlands within the project limits are proposed for impact, no wetland impacts beyond those which are required as a direct result of the roadway alignment were proposed.


COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: To offset the functional loss associated with the proposed wetland impacts, the applicant has completed off-site mitigation through the purchase of 4.47 freshwater forested credits from Panther Island Mitigation Bank.


CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.


ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely
affect the Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern
Indigo Snake Effect Determination Key (dated August 1, 2017), the Corps determination sequence resulted in A > B > C > D > E > NLAA. The Permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). The Corps has FWS Service concurrence for the proposed activities through use of the aforementioned determination keys.


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 Golden Gate drainage basin. 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 not 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 Blvd., Suite 310, Fort Myers, FL 33919 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, Stephen J. Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at (239) 334-1975.


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.