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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: SC Gulf 8 LLC
14 Baywood Court
Fort Myers, Florida 33919
WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with Pelican Bay/Hurricane Pass. The project site is located on a 0.30-acre parcel, located along Pelican Bay/Hurricane Pass, on Lot #8 (Lee County Parcel ID No. 13-46-23-01-00005.0080), at 961 Prescott Street, Section 13, Township 46 South, Range 23 East, in Fort Myers Beach, Lee County, Florida.
Directions to the site are as follows: From San Carlos Boulevard (FL-865) in Fort Myers Beach, continue south on San Carlos Boulevard, turn right (west) on Prescott Street. The undeveloped parcel is located on the north side of Prescott Street.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.466341°
Longitude -81.952918°
PROJECT PURPOSE:
Basic: Residential Development
Overall: Construct a single-family residence in the Town of Fort Myers Beach, Lee County, Florida
EXISTING CONDITIONS: The 0.30-acre project area is located within a portion of Section 13, Township 46 South, Range 23 East, Lee County, Florida. The parcel is bordered to the east and west by mangrove swamps, to the north by Pelican Bay, and to the south by Prescott Street. The site consists entirely of mangrove swamps, an upland ridge on the shore, and open water. The predominant vegetation associations were mapped in the field in 2019. Three vegetation associations were identified using the Florida Land Use, Cover and Forms Classification System (FLUCCS).
FLUCCS Code 426E2. Tropical Hardwoods invaded by exotics (26-50%)
This upland area is a coastal ridge and contains a mix of seaside mahoe (Thespesia populnea), wild olive (Cordia boissier), cabbage palm (Sabal palmetto), gumbo limbo (Bursera simaruba), buttonwood (Conocarpus erectus), red mangrove (Rhizophora mangle), coin vine (Dalbergia ecastaphyllum), and Brazilian pepper (Schinus terebinthifolius) in the canopy and shrub strata. Only ragweed (Ambrosia artemisiifolia) and sea oxeye (Borrichia frutescens) were present in the herbaceous stratum.
FLUCCS Code 540 - Bays and Estuaries
This area of natural open water is within Pelican Bay. Scattered shoal grass (Halodule wrightii) is present along the shoreline which is fringed by red mangroves.
FLUCCS Code 612E, Mangrove Swamps, Invaded by exotics (5-9%)
The property is dominated by red mangrove (Rhizophora mangle) with lesser quantities of black mangrove (Avicennia germinans), white mangrove (Laguncularia racemosa), and Brazilian pepper.
PROPOSED WORK: The applicant seeks authorization to construct a single-family residence on the 0.30-acre parcel, including the permanent fill and loss of 0.22-acre of mangrove wetlands associated with the lot fill, driveway, and retaining wall, and the construction of a 4-foot-wide by 69-foot-long private dock with an 8-foot-wide by 20-foot-long L-head, and two (2) vertical boatlifts (12-foot by 20-foot boatlift and 15-foot by 30-foot boatlift). The total waterward encroachment of the proposed dock and lift will be approximately 80 feet from the mean high water (MHW) line. Compensatory mitigation is proposed via the purchase of 0.21 estuarine mitigation credits from Little Pine Island Mitigation Bank.
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 proposed fill area is the minimum area practicable for a residence in this location. Mitigation will be provided by wetland mitigation credits from Little Pine Island Mitigation Bank.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Compensatory mitigation is proposed via the purchase of 0.21 estuarine mitigation credits from Little Pine Island Mitigation Bank.
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 Corps has determined the proposed project may affect the smalltooth sawfish (Pristis pectinata) and its designated critical habitat. By separate letter, the Corps will request formal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood stork (Mycteria americana), West Indian manatee (Trichechus manatus), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta) or their designated critical habitats. The Corps will request U.S. Fish and Wildlife Service and National Marine Fisheries Service concurrence with this determination, pursuant to Section 7 of the Endangered Species Act.
The Corps has determined that the proposal would have no effect on the American crocodile (Crocodylus acutus), Eastern indigo snake (Drymarchon corais couperi), Florida bonneted bat (Eumops floridanus), Florida scrub jay (Aphelocoma coerulescens), piping plover (Charadrius melodus), or any other Federally listed species and/or their designated critical habitats. No further consultation with the Service is required for these species.
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 permanently impact 0.22-acre of mangrove wetland habitat by filling, and 0.01 of submerged aquatic vegetation (scattered shoal grass) by shading; the impact areas are utilized by various life stages of EFH species. Our initial determination is that the proposed action would have a substantial adverse impact on EFH or Federally managed fisheries in Pelican Bay and San Carlos Bay. 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 will 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, Fort Myers, FL 33919 or preferably by email to Michelle.L.Bartley@usace.army.mil within 30 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, Michelle Bartley, in writing by U.S. Mail at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, Florida 33919; by electronic mail at Michelle.L.Bartley@usace.army.mil or by telephone at 239-334-1975 ext. 0006.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service (USFWS), 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, 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.