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 (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT:
Gary McAlpin
Collier County Government
Coastal Zone Management Section
Capital Project Planning, Impact Fees and Program Management Division
2685 S. Horseshoe Drive, Unit 103
Naples, Florida 34104
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Rookery Bay watershed. Activities will occur in the Picayune Strand State Forest. The water from the Golden Gate Canal will be discharged for rehydration purposes into the wetlands of the Picayune Strand State Forest. After passing through the forest and under US-41, the water will flow into the mangrove wetlands of upper Rookery Bay. The project site is a 25,000+/- acre area within the Picayune Strand State Forest and adjacent lands located immediately east of Naples, Collier County, Florida.
Directions to the site are as follows:
• To get to the North Belle Meade Flowway: Drive north on Collier Boulevard. Turn right onto City Gate Drive, just before the bridge over the Golden Gate Canal (GGC) and travel east about 1,000 ft. Turn left at the first opportunity onto a dirt road. Follow that road north to the canal and east along the canal for about 4,500 ft. The northern pump station for withdrawal of project water from GGC will be located at about this point. From the pump station, the proposed canal will be accessible either by a proposed road (by other developers) on the western side or by means of a continuous berm on the east side of the canal. To access the southern terminus of the North Belle Meade Flowway, head back down the dirt road to City Gate Drive, turn right, then take an immediate left onto White Lake Boulevard and continue for approximately 2 miles. The terminus of the flowway will be on the left.
• To get to the South Belle Meade Flowway: Drive south on Collier Boulevard past the I-75 interchange, turning right on Beck Boulevard. Travel east to the end of Beck Boulevard along a rough direct track along the south side of the I-75 stormwater ditch to reach the southern pump station. The South Belle Meade Flowway will be accessible by means of proposed berms constructed on either side of the flowway.
• To get to the Sanders Boulevard Property: Travel south on Collier Boulevard across the I-75 interchange about 4.5 miles to Sabal Palm Road. Turn right on Sabal Palm Road, continue for 3.7 miles, and then turn left onto Sanders Boulevard. Continue for approximately 0.5 mile to reach the southeast corner of the protection features.
• To get to the Pedestrian Path: Drive south on Collier Boulevard past the I-75 interchange and turn left onto Winding Cypress Boulevard. Continue approximately 0.6 miles and the southern end of the improved pedestrian path will be on the left side of the road.
• To get to the Southern Flowways: The Flowways around the Naples Reserve can be accessed via Naples Reserve Boulevard off of U.S. 41. The proposed flowways and proposed structures will be constructed within existing or proposed easements or right-of-way reservations, with sufficient travel ways available on one side for maintenance access. The southernmost point of the flowways, at intersection with US-41, can be accessed by traveling south of Collier Boulevard about 7 miles past the I-75 interchange to US-41. Turn left on US-41 and travel about 1.2 miles to reach the western edge of the southernmost project area.
• To get to the Flowway Extent: Travel south on Collier Boulevard across the I-75 interchange about 4.5 miles to Sabal Palm Road. Turn right on Sabal Palm Road. The general project rehydration area’s western edge begins at least 1.5 miles east of the Collier Boulevard – Sabal Palm Road intersection.
• To get to the Receiving Waters: The receiving waters area may be reached by traveling South on Collier Boulevard about 3 miles past the intersection with US-41. Turn fight on Fiddler’s Creek Parkway or continue south on Collier Boulevard from that point to view the western side of the receiving waters area. The area may also be viewed from the Marco Island Executive airport development or by travelling about 5 miles southeast on US-41 from Collier Boulevard to Auto Ranch Road and following that road to its terminus.
APPROXIMATE PROJECT COORDINATES:
|
Project Area
|
Excavated Native Sediments (CY)
|
Concrete (CY)
|
|
North Belle Meade Flowway
|
11,426.8
|
0.0
|
|
South Belle Meade Flowway
|
16,198.5
|
852.0
|
|
Sanders Boulevard Property
|
2,403.7
|
55.0
|
|
Pedestrian Path
|
0.0
|
0.0
|
|
Southern Flowways
|
5,751.9
|
0.0
|
Note: Native sediments will be excavated from the flowways and will supply the material for construction of berms, structure pads, roads, etc. Extra material (excavated but not used for other construction), will be disposed at offsite upland locations owned by Collier County. The concrete volumes represent the volume of fill in wetlands that result from the construction of the three pump stations (one each at the North Belle Meade Flowway, South Belle Meade Flowway, and the Sanders Boulevard Property), as well as the concrete weir structures that are part of the spreader swale at the southern end of the South Belle Meade Flowway.
The work in, on, or over wetlands associated with the project total is 34.992 acres (1,524,233 SF); below is a tabular breakdown of wetland impacts by project location. However, the project also anticipates the rehydration of approximately 9,000 acres of forested wetlands within the Picayune Strand State Forest that will mitigate the impacts.
|
Project Area
|
Acreage
|
Square Feet
|
|
North Belle Meade Flowway
|
5.748
|
250,388
|
|
South Belle Meade Flowway
|
16.477
|
717,749
|
|
Sanders Boulevard Property
|
2.541
|
110,674
|
|
Pedestrian Path
|
0.000
|
0
|
|
Southern Flowways
|
10.226
|
445,421
|
|
TOTAL
|
34.992
|
1,524,233
|
Intensive monitoring and an adaptive management plan using the monitoring data will allow the county to optimize the restoration over the long-term. Hydrologic restoration will not initially, or in the long-term, adversely affect the ecosystem, impinge on other water uses, or adversely affect developed properties bordering the project area.
Requests can be submitted to receive an electronic copy of the CWIP Supplemental Information Document (File Size: 28 MB) provided by the Applicant which includes:
1) Project Overview
2) Application Figures
3) Agency Coordination
4) Private Landowner Coordination
5) Hydrologic and Hydraulic Modeling Narrative
6) Vegetation Hydrology Effects Analysis
7) Natural Resources Assessment
8) Uniform Mitigation Assessment Method Summary
9) Florida Master Site File Search Results
10) Operations & Management Plan
11) Water Quality Analysis
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: This project will enhance the hydrology of at least 9,000 acres of wetland forest that was historically part of a much larger Rookery Bay Watershed. Urban development and construction of I-75 cut off the northern third of the watershed, resulting in reduced freshwater flows to Rookery Bay and increased freshwater flows to Naples Bay (via the Golden Gate Canal). This project aims to restore some of the historic hydrology of the area without negatively affecting off-site flood levels, adjacent landowners/private landowners within the project area who wish to maintain control over their property, water users of the GGC, listed species and their habitats, water quality within the state forest, and other natural resources. The project will improve the quality of the wetlands of the Picayune Strand State Forest and adjacent areas and reduce the risk of damaging wildfires by slightly increasing wetland hydroperiods and dry season groundwater elevations. The county will avoid impacts to all non-public lands either by transfer of rights to the county, purchase, or protection. The necessary negotiations to ensure the welfare and property of others is underway and will be complete prior to construction.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: Project construction impacts a very small portion of the total project area of effect. Most species will avoid the construction area. Post-construction, the infrastructure will receive periodic, minimal maintenance. Habitat improvements to the total project effects area are expected to mitigate project impacts. Effects on uplands are minimal; most of the uplands in the general project evaluation area (22,000 acres) are outside the 9,000-acre main flowway extent, within which there are only small hydrologic changes. See Supplemental Information Attachment 5 and Supplemental Information Attachment 6 for discussion of proposed hydrologic changes.
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES: A report of listed species, consultation areas (CA), and/or designated critical habitat (DCH) for the project area was generated on May 12, 2020 via the Jacksonville District’s Google Earth Resource at Risk (RAR) System layer.
Name of ESA listed species potentially present which are managed by the U.S. Fish and Wildlife Service (USFWS):
• American Crocodile (Crocodylus acutus) – CA
• Audubon’s Crested Caracara (Caracara cheriway) - CA
• Eastern Indigo Snake (Drymarchon corais couperi)
• Everglade Snail Kite (Rostrhamus sociabilis plumbeus) - CA
• Florida bonneted bat (Eumops floridanus) – CA and Focal Areas
• Florida Panther (Puma concolor coryi) – Focus Area
• Florida Scrub Jay (Aphelocoma coerulescens) - CA
• Piping Plover (Charadrius melodus) - CA
• Red Cockaded Woodpecker (Picoides borealis) - CA
• Wood Stork (Mycteria americana) – CA, Core Foraging Area (CFA)
After a more in depth review of the application, the Corps will make the appropriate effect determinations for the listed species noted above and initiate the proper consultation requesting USFWS concurrence with our determination 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 directly impact 35-acres of non-tidal wetlands and indirectly impact approximately 9,000+ acres of non-tidal forested wetlands, but with the intent of improved water quality to the Rookery Bay watershed from Golden Gate Canal south to Rookery Bay and surrounding mangrove wetlands. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Rookery Bay watershed. 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 to date.
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, Fort Myers, FL 33919 or preferably by email to Katy.R.Damico@usace.army.mil within 30 days from the date of this notice (i.e. July 6, 2020).
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, Katy Damico, in writing by U.S. Mail at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, Florida 33919; or preferably by electronic mail at Katy.R.Damico@usace.army.mil or by telephone at (813) 769-7076 or (813) 467-6603.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service (USFWS), U.S. Environmental Protection Agency (USEPA), the National Marine Fisheries Services (NMFS), 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, aesthetics, 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.