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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Craig Smith
405 Puerto Del Mar
Pacific Palisades, CA 90272-4234
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Naples Bay. The project site is located at 1300 Curlew Road, Section 10, Township 50 South, Range 25 East, Naples, Collier County, Florida.
Directions to the site are as follows: Take Tamiami Trail South to 5th Avenue South and make a left. 5th Avenue South turns into Tamiami Trail East. Make a right onto Sandpiper Street and then make first right onto Curlew Avenue. The project site is located at the end of the road at 1300 Curlew Road.
APPROXIMATE CENTRAL COORDINATES:
Basic: shoreline stabilization and filling a boat basin
Overall: Filling an existing boat basin in order to increase backyard area and stabilize existing riprap shoreline
EXISTING CONDITIONS: The shoreline vegetation along the eastern shoreline consists primarily of red mangroves (Rhizophora mangle) and Scaevola taccada. The existing area surrounding the project area consists of single and a multi-family residential development.
PROPOSED WORK: The applicant seeks authorization to place approximately 200 cubic yards of new riprap along 165 linear feet of existing riprap along the western shoreline. Riprap will be hand placed around existing red mangroves and prop roots. Additionally, the applicant proposes to remove 2 existing piers and the existing concrete seawall along the southern property line in order to fill the existing boat basin (approximately 700 cy of fill) to expand the backyard. Approximately 250 cy of riprap will be installed to match the rest of the shoreline.
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 applicant will be hand placing riprap around existing red mangrove prop roots in order to avoid impacts. The minimum amount of fill is being placed in order to eliminate the existing boat basin.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: There are no resource impacts proposed and therefore no compensatory mitigation is proposed.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata), loggerhead sea turtle (Caretta caretta), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), or the West Indian manatee and its designated critical habitat. The Corps has utilized the Programmatic Effect Determination Key for the Manatee (FWS, 2013) to received concurrence and will request National Marine Fisheries Service concurrence for their smalltooth sawfish and swimming sea turtle determinations 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. The proposal would impact approximately 3200 square feet of unvegetated bottom utilized by various life stages of red drum, reef fish, coastal migratory pelagic fish and shrimp. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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 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 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.
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.