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: James Parr
1020 Lake Sumter Landing
The Villages, FL 32162
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a tidal salt marsh adjacent to Gasparilla Sound. The project site is located at Lots 3 & 4 Peekins Cove Dr, in Section 35, Township 42 South, Range 20 East, Boca Grande, Charlotte County, Florida.
Directions to the site are as follows: Take US 41 North from Fort Myers to Murdock and make left on El Jobean Rd. Proceed on El Jobean Rd for approximately 8 miles to Gasparilla Rd and make left. Proceed on Gasparilla Rd for approximately 7.8 miles and make left on Boca Grande Causeway. Proceed across Causeway and pay toll to enter Gasparilla Island and proceed south down Gasparilla Rd for approximately 0.75 miles to Gasparilla Pass Blvd and make left. Make left on Peekins Cove Dr and property will be located on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.79995°
Overall: Single family residence and associated amenities at Peekins Cove Drive in Boca Grande.
EXISTING CONDITIONS: The wetland system consists of a saltwater marsh system. The onsite vegetation consists of emergent vegetation that is mainly dominated by Black needle rush (Juncus roemerianus) and Saltmeadow cord grass (Spartina patens). The existing area surrounding the project area consists of mangrove wetlands and salt flats.
BACKGROUND: The project was originally permitted on 19 August 2004 for shading impacts to 0.09 acres of saltwater marsh on lot #3. The permit was modified on 29 June 2009 to extend the expiration of the original permit for 2 years. On 8 March 2011, the permit was again modified for another 2 year extension with no additional impacts.
PROPOSED WORK: The applicant seeks authorization to build a pile supported single family residence on lots 3 and 4, replace an existing wooden retaining wall with a 250 linear foot concrete retaining wall which will place approximately 30.86 cubic yards of fill material in the same footprint of the wooden retaining wall, and the installation of a 128 square foot dock connecting the proposed residence with the existing wooden dock on lot 4.
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 shading impact to 0.09 acres of saltwater marsh has been reduced to 0.08 acres of shading impacts due to the relocation of the proposed residence in the original proposed project.
COMPENSATORY MITIGATION – The applicant has already provided the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
A conservation easement has been recorded in Charlotte County on 5 January 2004 with the file #1133983 for approximately 0.946 acres of saltwater marsh and mangrove forest. Additionally, 0.18 Herbaceous Saltwater mitigation credits have been purchased from Little Pine Island Mitigation bank on 23 May 2003 for the 0.09 acres of shading impacts associated with the original permit.
CULTURAL RESOURCES: The Corps has determined the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
The Corps has made the determination of may affect, not likely to adversely affect (MANLAA) for the wood stork. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in South Florida, January 2010 (Wood Stork Key). Use of the Wood Stork Key resulted in the following sequential determination: A>B>MANLAA. The project lies within the buffer for the 615002 N Port Charlotte S and 615040 N Port Charlotte colony sites, but the project impact to suitable foraging habitat (SFH) is less than ½ acre. No further consultation with the Service is required. The Corps has determined that there are no other listed species affected by this proposed project.
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 0.08 acres of saltwater marsh utilized by various life stages of Penaeid Shrimp Complex, Red Drum (Sciaenops ocellatus), Reef fish (various spp.), Migratory/Pelagic fish (various spp.), Snapper/Grouper Complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the area of 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 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, Steven Rabney, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Fort Myers, FL 33919; by electronic mail at Steven.firstname.lastname@example.org; or, by telephone at (239)334-1975 x0009.
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.