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: Florida Department of Transportation – District 1
Attn: Mr. Brent Setchell
801 N. Broadway Avenue
Bartow, Florida 33830
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Caloosahatchee River, a Traditional Navigable Waterway. The project limits extend along State Road 82 (SR 82), from approximately 500 feet east of Alabama Road to approximately 2,800 feet east of Homestead Road, a total distance of approximately 3 miles, in Sections 18, 19, 20, 28, and 29; Township 45 South; Range 27 East, Lehigh Acres, Lee County, Florida.
Directions to the site are as follows: From Tampa, take Interstate 75 (1-75) south to SR 82, and exit in the eastbound direction. Upon exit from 1-75, follow SR 82 east for approximately I0 miles to Alabama Road (approximate west limit of project).
APPROXIMATE CENTRAL COORDINATES: Latitude 26.547942°
Longitude -81.640844
PROJECT PURPOSE:
Basic: The basic project purpose is linear transportation.
Overall: The overall project purpose is to improve an existing roadway in order to provide additional capacity, decrease emergency vehicle response times and hurricane evacuation times, accommodate projected traffic demands, and enhance vehicle and pedestrian access and safety in response to population and employment growth within the south/east corridor of Lee County and the north/west corridor of Collier County.
EXISTING CONDITIONS: The information provided by the applicant indicates that SR 82 is a major east-west arterial connecting Lee and Collier counties, a designated hurricane evacuation route, a major component of the Florida Intrastate Highway System (FIHS), and an important freight corridor within the Strategic Intermodal System (SIS). The project is consistent with both the Lee County Long-Range Transportation and Comprehensive Plans. The overall project area, which consist of the area within the FDOT right of way (ROW) for the identified approximate 3 mile length of SR 82, and an additional 2.7 acres for easement area needed to construct the project, totaling approximately 97.5 acres. Within the project area, SR 82 is currently a two-lane undivided rural highway. The existing typical section of the roadway contains two 12-foot lanes (one eastbound lane and one westbound lane) with 4-foot paved shoulders on both sides of the road and incremental turn lanes. Overall existing land uses within the project area are comprised of mowed and maintained ROW, disturbed forested uplands and wetlands, herbaceous wetlands, and upland-cut other surface waters. The applicant’s consultant evaluated the features located within the project limits using multiple resources and classified the identified upland habitats using the Florida Land Use, Cover and Forms Classification System (FLUCFCS) and the identified wetland and other surface waters habitats using the FWS’s Classification of Wetlands and Deepwater Habitats of the United States. Following are the features which were identified:
Pine Flatwoods: FLUCFCS: 411/Pine flatwoods habitat consists of xeric upland forests in which fire is a dominant factor in ecology. This habitat is characterized by a sparse to moderate canopy of longleaf pine (Pinus palustris) and slash pine (Pinus elliottii), with an understory of saw palmetto (Serenoa repens), gallberry (Ilex glabra), wiregrass (Aristida stricta), and other herbs and brushes. Within the project area, dominant vegetation within this habitat type is comprised of slash pine, longleaf pine, saw palmetto, wax myrtle (Myrica cerifera), wiregrass, and dog fennel (Eupatorium capillifolium). Pine flatwoods comprise 1.45 acres of the total project area.
Roads and Highways: FLUCFCS: 814: Roads and Highways is a land use associated with the movement of people and products. This land use type includes roadways, medians, right-of-way, and associated stormwater facilities. Within the project limits, this land use type includes the existing SR 82 roadway facility and associated ROW and covers 72.36 acres of the total project area.
Streams and Waterways: FLUCFCS: 510/FWS: PEM1Hx (Palustrine, Emergent, Persistent, Intermittently Flooded, Excavated): Streams and waterways include linear water bodies such as rivers, creeks, canals, and ditches. Within the project area, this habitat classification includes several large drainage ditches that run parallel to SR 82 and three Lehigh Acres Municipal Services Improvement District (LAMSID) canals (Canals 57-18-2, 57-20-2, and 57-29-1) that are positioned perpendicular to SR 82; two of which flow beneath the existing roadway via cross-drains. Dominant vegetation within these linear drainage features includes pickerelweed (Pontederia cordata), primrose willow (Ludwigia peruviana), Carolina willow (Salix caroliniana), cattail (Typha latifolia), duckweed (Lemna minor), spatterdock (Nuphar advena), arrowhead (Sagittaria latifolia), flat sedges (Cyperus spp), and pennywort (Hydrocotyle spp.). Some of these features are deep and contain large areas of primarily open water. Within the project area, streams and waterways include other surface waters 9A-9C, WL-13, portions of WL-9 and WL-12, and the three LAMSID canals. Together these surface waters comprise 10.25 acres of the total project area.
Exotic Wetland Hardwoods: FLUCFCS: 619/FWS: PFO1/3E (Palustrine, Forested, Broad-Leaved Deciduous /Broad-Leaved Evergreen, Seasonally Flooded /Saturated): Exotic wetland hardwoods are forested wetland habitats dominated by one or more type of nuisance/exotic vegetative species. Within the project area, this habitat type is dominated by melaleuca (Melaleuca quinquenervia), with Brazilian pepper (Schinus terebinthifolius), lead tree (Leucaena leucocephala), air potato (Dioscorea bulbifera), and earleaf acacia (Acacia auriculiformis) present in smaller quantities. Ground cover vegetation is sparse within these exotic wetland hardwoods due to the dense mature tree growth. This habitat classification includes a 0.38-acre portion of WL-12 proposed for drainage easements.
Freshwater Marshes: FLUCFCS: 641/FWS: PEM1C (Palustrine, Emergent, Persistent, Seasonally Flooded): Freshwater marshes are usually confined to relatively level, low-lying areas and do not have a tree cover that meets the crown closure threshold for forested communities. Within the project area, dominant vegetation within this habitat type consists of maidencane (Panicum hemitomon), arrowhead, pickerelweed, soft rush (Juncus effusus), paragrass (Brachiaria mutica), torpedograss (Panicum repens), beakrushes (Rynchospora spp.), primrose willow, Carolina willow (Salix caroliniana), marsh goldenrod (Solidago fistulosa), pennywort, and various types of sedges and rushes. Freshwater marshes include WL-1, WL-2, WL-3, WL-5, WL-6, WL-14, WL-15, WL-16, WL-17, and WL-18, and comprise 3.37 acres of the project area.
Wet Prairies: FLUCFCS: 643/FWS: PEM1C (Palustrine, Emergent, Persistent, Seasonally Flooded): Wet prairies are composed predominately of grassy vegetation on hydric soils and are usually distinguished from marshes by having less water and shorter herbage. Within the project area, dominant vegetation within this wetland habitat type consists of maidencane, white-topped sedge (Rhynchospora colorata), spike rush (Eleocharis spp.), yellow-eyed grass (Xyris spp.), broomsedges (Andropogon spp.), yellow nut-sedge (Cyperus esculentus), pipe wort (Eriocaulon spp.), red root (Lachnanthes caroliana), flat sedges (Cyperus spp.), and beak rushes. Wet prairie habitat comprises 6.96 acres of the project area and occurs within WL-4, WL-7, WL-8, WL-9, WL-10, WL-11A and 11B, and WL-19.
PROPOSED WORK: The applicant seeks authorization to discharge dredged and/or fill material into waters of the United States associated with work to widen SR 82 from approximately 500 feet east of Alabama Road to approximately 2,800 feet east of Homestead Road, a total distance of approximately 3 miles. The proposed project involves converting the existing roadway facility from a two-Iane rural section to a six-lane urban section and would involve the addition of two 12-foot travel lanes with 6.5-foot paved shoulders in each direction, 5-foot sidewalks, a 30-foot center median, and incremental turn lanes. The proposed six-lane typical section would be constructed primarily within the limits of the existing 200-foot FDOT ROW for SR 82. However, 0.9 acre of new ROW acquisition is necessary to meet updated roadway curve safety design standards. Additionally, 0.09 acre of temporary construction easements are proposed for equipment staging and access, and 2.83 acres of permanent drainage easements are proposed at the locations where stormwater runoff from upgraded roadside ditches associated with the project will be diverted to existing LAMSID canals for offsite conveyance. A total of 17.75 acres of wetlands and 3.21 acres of other surface waters are located within the project limits. For this project, it is assumed that all wetlands and other surface waters within the project area (existing SR 82 ROW and proposed drainage easements) will be permanently impacted by dredge and fill activities. The work is associated with FPID # 425841-3-52-01.
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: Unavoidable impacts to wetlands and other surface waters resulting from construction and operation of the project will occur within the project area. Transportation safety standards for roadways, stormwater conveyance, side slopes, turn radius, additional lanes, and design widths necessitate these impacts. The wetland and other surface waters impacts are unavoidable due to their location within the existing ROW and proximity to the proposed construction. All unavoidable impacts were minimized to the greatest extent practicable. The project was designed within the limits of the existing ROW to the greatest extent feasible; new ROW acquisition was minimized and occurred only where necessary to meet current roadway safety design standards. Additionally, potential wetland impacts resulting from new stormwater management facilities were avoided by utilization of existing LAMSID canals for offsite conveyance in lieu of constructing new stormwater ponds to accommodate runoff from the proposed roadway widening.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: To offset the unavoidable impacts to waters of the United States, the applicant proposes to utilize previously purchased mitigation credits from either Big Cypress Mitigation Bank (MB) I-V, which was permitted utilizing the Wetland Rapid Assessment Procedure (WRAP), Corkscrew MB or Little Pine Island MB. The applicant utilized the WRAP to determine the required amount of mitigation and has calculated that 18.04 acres of direct impact to wetlands and canals would require 6.08 WRAP credits. As a note, other surface waters 9A through 9C (totaling 2.06 acres) do not provide suitable wood stork foraging habitat due to excessive water depths (>15 inches). Therefore, they were excluded from the impact analysis in regard to mitigation. The applicant also evaluated potential secondary impacts within a 25-foot buffer of the directly impacted wetlands which extend beyond the project limits. Wetlands 15 through 18 were excluded from the secondary impact analysis as they occur entirely within the limits of the project. The LAMSID canals were also excluded from the secondary impact analysis due to the minor extent of proposed impact to these features. Therefore, the applicant has calculated that 0.63 WRAP credits would be required to fully offset the functional loss of 7.33 acres of secondary impact to wetlands. The total combined functional loss resulting from construction of the project, including both direct and secondary wetland impacts, is calculated to be 6.71 WRAP credits. The 6.71 WRAP credits would also offset impacts to wetlands and canals that are considered suitable wood stork habitat, mitigation credits from Big Cypress Mitigation Bank I-V, or another federally-approved mitigation bank that services the project area.
Additionally, the proposed purchase of 6.71 federal WRAP credits would also offset proposed impacts to wetlands and canals that provide suitable wood stork foraging habitat. This proposed credit purchase will provide a total of 11.74 kg of wood stork forage biomass. Specifically, purchase of 1 credit would provide 4.20 kg of long hydroperiod biomass and the remaining 5.71 credits would provide 7.54 kg of short hydroperiod biomass (at 1.32 kg short-hydroperiod biomass per credit), which exceeds the 6.18 kg of wood stork forage biomass (1.39 kg of long hydroperiod biomass and 4.79 kg of short hydroperiod biomass) loss resulting from the project.
The applicant also proposes to obtain additional Panther Habitat Units (PHU) as necessary from a U.S. Fish and Wildlife-approved mitigation bank or conservation bank to offset proposed impacts to suitable panther habitat resulting from the project.
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 Florida panther (Puma Concolor) and Florida bonneted bat (Eumops floridanus). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter. Additionally, the Corps has determined that the project may affect, but is not likely to adversely affect the wood stork (Mycteria americana), Eastern Indigo snake (Drymarchon couperii corais), Audubon’s crested caracara (Polyborus plancus audubonii), Everglade Snail Kite (Rostrhamus sociabilis). The Corps will request U.S. Fish and Wildlife Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act. Finally, the Corps has determined that the proposed project will have no effect on the Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub jay (Aphelocoma coerulescens), and Red-cockaded woodpecker (Picoides borealis).
Florida Panther: The project occurs partially within the U.S. Fish and Wildlife Service Secondary Habitat Zone for the Florida panther. The Corps utilized the U.S. Fish and Wildlife Florida Panther Effect Determination Key, February 19, 2007. Use of the key resulted in the following sequential determination: A > B = may affect. The proposed project would impact 8.39 acres of marginally suitable panther habitat, of which 5.56 acres are located within the existing, maintained roadway right of way and the remaining 2.83 acres are within the proposed right of way acquisition areas. The 8.39 acres of suitable panther habitat within the Secondary Zone proposed to be impacted by the project currently provide a value of 40.24 PHUs. The FDOT utilized the U.S. Fish and Wildlife Methodology for evaluating the potential panther habitat lost due to the proposed action and the panther habitat provided as compensation and concluded that the amount of required PHU mitigation was then determined using a 2.5 mitigation base ratio and 0.69 landscape multiplier (for mitigating in the Primary Zone) with the total impact acreage. Based on the above formula, a total of 69.41 PHUs will be required to offset the 40.24 PHUs impacted by the project. Therefore, the FDOT will acquire 69.41 PHUs from a FWS-approved mitigation or conservation bank that services the project area. *As a note, the required mitigation value of 69.41 PHUs was determined based on the assumption that FDOT will be mitigating in the Primary Panther Zone. Purchase of additional PHU credit would be required if mitigating within the Secondary Zone.
Florida Bonneted Bat: Potential roost sites for the Florida bonneted bat include, but are not limited to, large cavity trees or trees with hollows, snags, abandoned buildings, bridges and overpasses. Habitat types include upland or wetland forest, upland or wetland shrub, open freshwater wetlands, or open water (e.g., lakes, ponds, canal, streams, rivers). The project occurs entirely within the U.S. Fish and Wildlife Service Consultation Area for the Florida bonneted bat. However, the project is not within any of the designated Focal Areas for this species. The FDOT’s consultants conducted a field survey of the project area on June 5, 2015 to assess the presence of suitable roost locations for the Florida bonneted bat. During the field survey, the consultants did not identify evidence of potential bat roosting activity, and no bats of any species were observed. Additionally, no bat houses are located within the vicinity of the project. However, the Corps utilized the U.S. Fish and Wildlife Service Florida Bonneted Bat guidelines to make an effect determination. Use of the key resulted in the following sequential determination: 2.c = may affect the Florida bonneted bat. This is due to the project site being greater than 5 acres and includes more than 1 acre of habitat.
Wood Stork: This species nests colonially in a variety of inundated forested wetlands, including cypress strands and domes, mixed hardwood swamps, sloughs, and mangroves. Foraging habitat includes shallow water in freshwater marshes, swamps, lagoons, ponds, tidal creeks, flooded pastures and ditches, where fluctuating water levels concentrate food sources. The proposed project is located within the Core Foraging Areas (CFA) of four nesting colonies of the wood stork (619141, 619310, 619018 Corkscrew, and 619041). In an effort to assess potential impacts to wood stork habitat, the applicant prepared a Wood Stork Foraging Analysis per the FWS approved “Wood Stork Foraging Habitat Assessment Methodology” dated July 12, 2012. As part of this analysis, wood stork foraging biomass calculations were conducted for all wetlands and canals impacted by the project that can be considered potential wood stork habitat. Of the 17.75 acres of wetlands and 3.21 acres of OSWs within the project area, 11.0 acres are considered suitable wood stork suitable foraging habitat. Wetland 13 (0.79 acre), other surface waters 9A-9C (2.06 acres), and portions of Wetland 9 (3.79 acres) and Wetland 12 (2.46 acres) were excluded from the wood stork forage biomass assessment due to unsuitable water depths for wood stork suitable foraging habitat. The average depth within these surface water features exceeds the 15” maximum threshold considered suitable for wood stork foraging. Based on the foraging analysis, the 11.0 acres of impact to suitable wood stork habitat will result in a total forage biomass loss of 6.18 kg. In order to offset proposed impacts to wood stork suitable foraging habitat, the FDOT is proposing to purchase 6.71 WRAP credits from a federally-approved mitigation bank.
Eastern Indigo Snake: This species is found in a variety of habitats, including swamps, wet prairies, xeric pinelands and scrub areas. It may utilize gopher tortoise (Gopherus polyphemus) burrows for shelter during the winter and to escape the heat during the summer. This species feeds on snakes, frogs, salamanders, toads, small mammals, birds and young turtles. This species has the potential to occur throughout the project area; although none were observed during the field reviews, and the consultants did not identify gopher tortoise burrows during their site evaluations. Also, the project will impact less than 25 acres of xeric habitat. Given the potential for this species to occur within the project limits, the FDOT would adhere to the U.S. Fish and Wildlife Service approved Standard Protection Measures for the Eastern Indigo Snake. Based on the above information, the Corps also utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C = not likely to adversely affect the Eastern Indigo snake.
Audubon’s Crested Caracara: The project is entirely within the U.S. Fish and Wildlife Service Consultation Area of the Audubon’s crested caracara. Audubon’s crested caracara typically nest in cabbage palms. The FDOT’s consultants conducted crested caracara nest surveys during spring 2015 in an effort to detect the presence of this species within the project vicinity. The field surveys were conducted from January 7 through April 22, 2015, in accordance with the FWS South Florida Ecological Field Services Office's April 20, 2004 Caracara Survey Protocol. No caracara individuals or nests were documented within the proposed project limits during the spring 2015 field surveys, nor were any individuals or nests observed during any other of the field reviews conducted between September 2011 and June 2015. However, the species could still occur intermittently within or adjacent to the project limits. Based on the above information, the Corps has determined that the proposed project may affect, but is not likely to adversely affect this species.
Everglade Snail Kite: The project limits are within the U.S. Fish and Wildlife Service Consultation Area of the Everglade snail kite. Everglade snail kites inhabit large, open, freshwater marshes and lakes, and usually nest over the water in low trees or shrubs, including cabbage palm (Sabal palmetto), coastal plain willow (Salix caroliniana), and buttonbush (Cephalanthus occidentalis). Shallow wetlands with emergent vegetation such as spikerush, duck potato and pickerelweed provide good Everglade snail kite foraging habitat, provided the density of vegetation does not prevent the snail kites from spotting apple snails from above. The project area contains moderate quality suitable habitat within the freshwater marshes, excavated ditches, and canals. Additionally, this species was observed within the project corridor multiple times during the August 2011 through June 2015 field inspections performed by the consultants. Specifically, an adult female individual was observed foraging within the vicinity of LAMSID Canal 57-18-2 during the September 15, 2011 site inspection, and an adult male individual was later identified at the same location, on multiple days, during the spring 2015 listed species surveys. No snail kite nests were identified during the 2011-2015 project field reviews performed by the consultants. The most recent sighting of the adult male occurred during the June 5, 2015 Florida bonneted bat survey. Based on the above information, the Corps has determined that the proposed project may affect, but is not likely to adversely affect this species.
Florida Scrub Jay: The project is proposed within the consultation area of the U.S. Fish and Wildlife Consultation Area for the Florida scrub jay. Optimal Florida scrub jay habitat consists of low growing, scattered scrub canopy species with patches of bare sandy soil such as those found in sand pine scrub, xeric oak scrub, scrubby flatwoods and scrubby coastal strand habitats. In areas where these types of habitats are unavailable, Florida scrub jays may be found in less optimal habitats such as pine flatwoods with scattered oaks. No suitable habitat exists within the limits of the project, and no scrub-jay individuals or evidence of nesting activity was detected during the consultant’s field evaluations. Given the above information, the Corps has determined that the proposed project would have no effect on this species.
Florida Grasshopper Sparrow: The Florida grasshopper sparrow is non-migratory and generally occurs in open dry prairies in south-central Florida. This species’ habitat consists of large (greater than 50 ha), treeless, and relatively poorly-drained grasslands which have a history of frequent fires. This species forages on the ground or just above it and consumes insects and seeds. According to the consultants, suitable habitat for this species is not present within or adjacent to the project area, and there are no documented occurrences of this species within or adjacent to the corridor. Therefore, the Corps has determined that the proposed project will have no effect on this species.
Red Cockaded Woodpecker: The project is proposed within the consultation area of the red cockaded woodpecker. The red cockaded woodpecker primary nesting and roosting habitat consists of pine stands, or pine-dominated pine/hardwood stands, with a low or sparse understory and ample old-growth pines. According to the consultants, suitable habitat for this species is not present within or adjacent to the project area, and there are no documented occurrences of this species within or adjacent to the corridor. Therefore, the Corps has determined that the proposed project will have no effect on this 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the receiving waters of the Caloosahatchee River. 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 at the Palm Beach Gardens Office, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410-6557 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, Mrs. Tarrie Ostrofsky, in writing at the Palm Beach Gardens Office, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410-6557, by electronic mail at Tarrie.L.Ostrofsky@usace.army.mil, by fax at (561) 626-6971, or by telephone at (561) 472-3519.
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.