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: Gilberto Ruiz Diaz
3465 Everglades Boulevard N
Naples, Florida 34120
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Horsepen Slough watershed. The project site is located at 2741 58 Avenue NE, in Section 31, Township 47 S, Range 28 E, in Naples, Collier County, Florida.
Directions to the site are as follows: From Fort Myers take Interstate 75 South to exit 111. Turn right towards Naples Park, then turn left onto Immokalee Rd. for 10.1 miles, turn right onto Oil Well Road for 2.9 miles, bear left toward Everglades Blvd. N for 0.1 miles, then turn left onto Everglades Blvd. N for 3.1 miles, turn left onto 58th Avenue NE for 0.5 miles and arrive at project site.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.338365°
Overall: To construct a single family residence with driveway and associated infrastructure in Naples, Collier County, Florida.
EXISTING CONDITIONS: The subject property contains approximately 2.27 acres. The wetland system consists of a Hydric Pine Flatwoods system. The onsite vegetation consists of Bald Cypress (Taxodium distichum), Slash Pine (Pinus elliotti), Cabbage palm (Sabal palmetto). The existing area surrounding the project site consists of similar residential developments and undeveloped properties.
PROPOSED WORK: The applicant seeks authorization to clear, grade, and fill 0.1 acre of freshwater forested wetlands with approximately 170 cubic yards of clean fill for the construction of a single family residence and associated attendant features.
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has proposed to reduce wetland impacts by placing the house on the southern portion of the project site to reduce the length of the access road and placing silt fencing at the limits of impact areas to prevent erosion.
COMPENSATORY MITIGATION: The applicant has provided no plan for compensatory mitigation at this time.
CULTURAL RESOURCES: The Corps has determined a "no potential to cause effect" determination for the project based on the limited scope of work to be performed and no previously recorded sites are located within or adjacent to the project footprint.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus) 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.
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 determination is that the proposed action would have no adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico managed fisheries since the project site is located ~12 miles inland of the closest major tributary, the Imperial River.
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, 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, 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; or, by telephone at (239)334-1975 ext. 0009.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency, 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 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.