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: Sean W. Feeney
24543 Red Robin Drive
Bonita Springs, FL 34135
WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater wetlands within the Spring Creek-Estero Bay watershed. The project site is located at 24543 Red Robin Drive, Section 15, Township 47 South, Range 25 East, City of Bonita Springs, Lee County, Florida.
Directions to the site are as follows: From U.S. 41/South Tamiami Trail, head east on Old 41 Road and then make a right onto Strike Lane. Turn left onto Red Robin Lane. The site is on the right hand side approximately 0.3 miles up the road.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.383102º
Basic: single family residence
Overall: Construct a single family residence east of Old 41 in Bonita Springs, Florida.
EXISTING CONDITIONS: The wetland system consists of a 1.02 acre freshwater system. The onsite vegetation consists primarily of cypress (Taxodium distichum), melaleuca (Melaleuca quinquenervia), and swamp fern (Blechnum serrulatum). There are approximately 0.11 acre of upland on the project parcel. The existing area surrounding the project area consists of single family residences.
PROPOSED WORK: The applicant seeks authorization to fill 0.58 acre (24,255 square feet) of forested freshwater wetlands for the construction of a single family residence and driveway.
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:
Applicant has had property evaluated for wetlands and surface water areas to determined the best placement of the house, driveway and fill pad; the driveway was moved to the south in order to avoid wetland impacts. The applicant will minimize clearing and enhance property by the removal of existing exotics.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant plans to offset jurisdictional wetland impacts by purchase of 0.34 forested freshwater wetland mitigation credits from Little Pine Island, Panther Island, or Corkscrew Regional Mitigation banks.
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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork (Mycteria americana) and Eastern indigo snake (Drymarchon corais couperi). Use of the 2010 programmatic effect determination key for the wood stork resulted in the following sequential determination: A > B> C > D > NLAA, with no further consultation with the service required. Use of the 2017 programmatic effect determination key for the Eastern indigo snake resulted in the following sequential determination: A > B> C > D > E > NLAA, with no further consultation with the service required.
The Corps has determined the proposal may affect the 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.
ESSENTIAL FISH HABITAT (EFH): The project would only impact freshwater wetlands; therefore, the Corps has determined that no substantial adverse impacts to EFH will result from the proposed action.
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 from the Florida Department of Environmental Protection was issued on November 3, 2017 (Permit No. 0225375-002 EI).
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 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, Bri McGuffie, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919; by electronic mail at Brianne.E.McGuffie@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 x0006.
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. An Environmental Resource Permit from the Florida Department of Environmental Protection was issued on November 3, 2017 (Permit No. 0225375-002 EI).
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.