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: Mr. Samir Bylyku
4244 Wilson Blvd. North
Naples, FL 34114-5414
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the North Golden Gate Canal system that flows into Naples Bay. The project site is located at 4244 Wilson Blvd. North in Section 10, Township 48 South, Range 27 East, in Naples, Collier County, Florida.
Directions to the site are as follows: From Fort Myers take Interstate 75 to Immokalee Rd., travel west and north approximately 11 miles. Turn west onto 41st Ave NE, travel approximately 1 mile. Turn north onto Wilson Blvd until you reach 4244 Wilson Blvd. N.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.31085°
Overall: To construct a single family residence with driveway and associated infrastructure in eastern Naples, Collier County, Florida.
EXISTING CONDITIONS: The subject property contains approximately 1.09 acres. The wetland system consists of a palustrine forested freshwater system - FLUCCS 6172 Mixed Wetland Hardwoods. The onsite vegetation is comprised of an open canopy mixture of cypress (Taxodium ascendens), sabal palm (Sabal palmetto), and red maple (Acer rubrum). Canopy coverage is estimated to be approximately 30%. Shurb and sapling stratum is dominated by Brazilian pepper (Schinus terebinthifolia), with wax myrtle (Myrica cerifera), Southern/Eastern false willow (Baccharis halimifolia), and sabal palm also present. The ground stratum is comprised of a mixture of native buttonweed (Spermacoce prostrate), swamp fern (Blechnum serrulatum) and Caesarweed (Urena lobata), with open areas dominated by grape vine, (Vitis sp.). The site is bound on the west by Wilson Blvd North and the remaining borders are undeveloped.
PROPOSED WORK: The applicant seeks authorization to discharge fill into approximately 0.27 acre of waters of the United States (freshwater forested wetlands) to construct a single family home. The work consists of constructing a home, driveway and septic drain field. Approximately 1,291 cubic yards of fill will be placed in the wetland area.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant proposes to impact a minimal amount of wetlands needed along the front portion of the lot to build the home. The remaining onsite wetlands will be avoided.
COMPENSATORY MITIGATION – The applicant has proposed to mitigate for unavoidable direct impacts at either the Big Cypress Mitigation Bank or the Panther 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, but is not likely to adversely affect the Florida bonneted bat (Eumops floridanus), Florida panther (Puma concolor coryi) and the Red-cockaded woodpecker (Picoides borealis). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 15 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, Bev Lawrence, in writing at the Ft. Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Ft. Myers, Florida 33919; by electronic mail at Beverlee.a.Lawrence @usace.army.mil; or, by telephone at (904) 310-7402.
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. 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.