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: Kathleen Konrad
C/o Jeremy Boone
1455 Rail Head Blvd Ste 8
Naples, FL 34110
WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater and mangrove forested wetlands. The project site is located at 929 Caxambas Dr in Section 21, Township 51 South, Range 26 East, on Marco Island, Collier County, Florida.
Directions to the site are as follows: From Naples take US 41 South to State road 951. Turn right and go south to N Barfield Dr. Make left and continue to Inlet Dr. Make left and continue to Caxambas Dr. Make left and property will be on left side of the road.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.91325°
Longitude -81.69296°
PROJECT PURPOSE:
Basic: Housing.
Overall: To construct a single family residence with driveway and associated infrastructure on Marco Island, Collier County, Florida.
EXISTING CONDITIONS: The wetland system consists of a mangrove forested saltwater system. The onsite vegetation consists of mangroves. The existing area surrounding the project area consists of approximately 0.11 acres of saltwater mangrove forested wetland and 0.03 acres of freshwater mixed forested wetland, two developed properties on both sides, and upland property forward of the project site.
PROPOSED WORK: The applicant seeks authorization to clear, grade and fill approximately 0.11 acres of saltwater mangrove forested wetland and 0.03 acres of freshwater mixed forested wetland for a house pad to build a single family residence. Approximately 1,436 cubic yards of fill would be placed in the 0.14 acre of wetlands.
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has proposed to develop mainly in the upland area and preserve as much of the mangroves as possible as to not destroy too much critical habitat.
COMPENSATORY MITIGATION: The applicant has proposed compensatory mitigation within the watershed to offset unavoidable functional loss to the aquatic environment. The Mitigation Plan is in development. Final decision on the appropriate mitigation will be determined upon receipt of comments from the other resource agencies.
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: The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 0.11 acres of mangrove forested wetland and 0.03 mixed forested wetland that may be utilized by various life stages of crustaceans and/or other Gulf of Mexico (Gulf) managed species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries of the Gulf. 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, Fort Myers, FL 33919 within 20 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, Steven Rabney, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, FL 33919; by electronic mail at steven.j.rabney@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 x0009.
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.
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.