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: Naples Heritage Golf & Country Club, Inc.
Patrick J. Dorbad
8150 Heritage Club Way
Naples, FL 34112
WATERWAY AND LOCATION: The project would affect freshwater forested wetlands associated with the West Naples Basin. The project site is located east of Naples Heritage Drive adjacent to the aqua driving range, within the Naples Heritage Golf and Country Club located in Section(s) 3,4,9, and 10, Township 50S, Range 26E, Collier County, Naples, Florida (RE# 00407440001, 61850002420, 61850007344).
Directions to the site are as follows: From the intersection of Davis Blvd and Naples Heritage Blvd, turn right onto Naples Heritage Drive and continue approx. 800 feet. The project lies on the northeast side of Naples Heritage Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.139465 °
Longitude -81.704121 °
Basic: To construct a recreational tennis facility.
Overall: To construct a recreational tennis facility with associated parking areas, landscaping and a stormwater system, to increase parking for the clubhouse within a private golf and country club community in Collier County.
EXISTING CONDITIONS: The 2.87 acre site is currently zoned PUD with a land use classification of Preserve.
This 2.87-acre property is located northeast of Naples Heritage Drive within a portion of Section 4, Township 50 South, Range 26, Collier County, Florida. The lands to the north preserved wetlands within Naples Heritage Golf and Country Club. The lands to the south and west consists of roads and existing development. The land to the east is an aqua driving range.
PROPOSED WORK: The applicant seeks authorization to impact 2.85 acres of jurisdictional wetlands for the placement of approximately 9,300 cubic yards of fill for the construction of a 2.87-acre recreational tennis facility with associated, parking, landscaping and stormwater management system. The new tennis facility will replace the existing tennis facility located at the clubhouse area of the Country Club parcel to allow for additional parking.
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 Consultant has reviewed the Naples Heritage Golf & Country Club property and adjacent lands and determined that no practicable alternative site is available that will meet the project purpose and have less impacts on the aquatic environment. The applicant has implemented practical design modifications to reduce adverse impacts to the wetland functions provided by the wetlands by focusing unavoidable impacts to the wetlands located at narrowest point at the south end of the preserve.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset anticipated impacts to 2.85 acres of wetlands, the applicant has proposed on-site wetland enhancement combined with the purchase of the appropriate number of mitigation bank credits from a Federally-approved mitigation bank within the service area of the proposed project.
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.
1) The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Key dated January 25, 2010 and revised August 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > D > NLAA pursuant to the Key. This determination is based on the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake.
2) 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 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.
3) The Corps has determined the project may affect, not likely to adversely affect the Florida bonneted bat (Eumops floridanus). Based on the site being located within the FBB consultation area and information available from a variety of sources, including the guidelines for making effect determinations for the endangered Florida Bonneted bat (FBB) within the FBB consultation area, our initial determination was 2 > a. “may affect, not likely to adversely affect” the Florida Bonneted Bat (Eumops floridanus). The Corps will request initiation of informal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.
4) The Corps has determined the proposed project will have no effect on, Scrub-jay (Apehlocoma coerulescens) and Red-cockaded Woodpecker (Picoides borealis).
No critical habitat or foraging habitat exists within the project area for the woodpecker or scrub-jay. 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 U.S. Army Corps of Engineers has determined the proposal will not affect any other threatened or endangered species or designated critical habitat other than the ones listed above.
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 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., Suite 310, Fort Myers, FL 33919 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, Stephen J. Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 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.