Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

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).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2017-00991 (SP-SJF)

Published Sept. 29, 2017
Expiration date: 10/19/2017
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: THOMASSON PHX, LLC
                      BRIAN HOWELL – MANAGING MEMBER
                      13180 LIVINGSTON ROAD, SUITE 204
                      NAPLES, FL 34109

WATERWAY AND LOCATION: The 3.78± acre Compass Place project site is located in Section 23, Township 50S, and Range 25E, of Collier County, Florida. More specifically; the site is located east of Bayshore Drive and immediately south of Thomasson Drive, in Naples, Florida (26°06’30.98” N, 81°46’06.40” W).

Directions to the site are as follows: Start of Project: From Interstate 75, Take Exit 105. Head West onto County Rd 886/Golden Gate Pkwy. Head South onto Santa Barbara Blvd. Head West onto Rattlesnake Hammock Rd. Continue straight to stay on Rattlesnake Hammock Rd. Continue straight onto Thomasson Dr. Site will be on South just before intersection of Bayshore Drive

APPROXIMATE COORDINATES: Latitude: 26.10860°
                                                        Longitude: -81.76844°

PROJECT PURPOSE:

Basic: The basic project purpose is for a residential development.

Overall: To construct a multi-family residential development with associated parking areas, landscaping and a stormwater system in Collier County, Florida.

EXISTING CONDITIONS: The site is undeveloped and is composed of exotic infested disturbed lands with hydric disturbed land habitat. The site is bordered on the north of Thomasson Drive, the south and east by residential homes along Thomasson Drive and Cottage Grove Avenue, and to the west by a general food store, and storage yard, along Bayshore Drive, with undeveloped, but disturbed natural areas.

PROPOSED WORK: To discharge of 4,372 cubic yards of fill in 2.71 acres of freshwater forested wetlands for the construction of two (2) 15,788 square foot, 10-unit row-houses, along with parking area in the rear, utility infrastructure, storm-water management system, landscaping, and irrigation system. Approximately 2.71± acres of direct impacts are proposed for this project along with 0.38 acres which will be preserved and placed in a Conservation Easement.

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 wetlands on the property are low in quality and dominated by exotic species. The site plan was minimized to provide approximately 0.38± acres of wetland preserve area that also acts as additional buffer to the residents to the south of the site. Based on the surrounding land uses and lack of adjacent undeveloped areas, off-site mitigation was considered to be the best alternative for the majority of the unavoidable wetland impacts. Wetland impacts are necessary in order to best utilize the available land and create a feasible project.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

Compensatory mitigation for the proposed 2.71 acres of direct and secondary freshwater forested wetland impacts will be provided by the purchase of 0.83 UMAM credits from an approved mitigation bank. In addition, 0.38 acres of onsite wetlands will be preserved in perpetuity under a conservation easement.

CULTURAL RESOURCES: The referenced project area was previously coordinated with and reviewed by the Florida Department of State – Division of Historical Resources (DHR.)

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 project area.

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 > NLAA. The Permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination keys.

The Corps has determined the project may affect, but is not likely to adversely the wood stork (Mycteria americana). The Corps received FWS concurrence letter, dated May 18, 2010 (amended on August 13, 2013) for all work that results in a “may affect, not likely to adversely affect” determination using the Wood Stork Effect Determination Key. The applicant will provide the required short/long hydroperiod compensation through the purchase of federal credits at a mitigation bank within the service area. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination keys.

The Corps has determined the proposed project may affect, but is not likely to adversely
affect the Florida scrub-jay (Aphelocoma coerulescens) or its designated habitat. The
proposed project is within the consultation area for the Florida scrub-jay. No habitat
types utilized by Florida scrub-jays are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps assessed the potential for the proposed project to impact the endangered Florida bonneted bat (FBB) (Eumops floridanus), because a portion of the project is located within the consultation area and not a focus area within Collier County. The project will impact 3.40 acres of disturbed upland and disturbed wetland habitat. The project site is less than 5 acres and does not include potential roost sites (e.g., large cavity trees or trees with hollows, snags, or abandoned buildings). There was little to no habitat located on-site for the FBB; there were no potential roost sites were found to occur within the work area, during species surveys or other site visits by the consultant. Therefore, the Corps has determined the project “may affect, not likely to adversely affect” (MANLAA) the Florida bonneted bat if BMPs are used. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the Florida Bonneted Bat Consultation Guidelines (July 2017).

The Corps has determined the proposal would have no effect on any other 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the project area of reference. 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 been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification is under reviewed 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, Suite 310, Fort Myers, Florida 33919 within 14 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 Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Fort Myers, Florida 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.