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 (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: Constructora Y Promotora V&N, LLC.
c/o Tropical Environmental Consultants
Attention: Brooke Hollander
3899 Mannix Dr., Ste. 409
Naples, FL 34114-5414
WATERWAY AND LOCATION: The project site is located in Golden Gate Estates abutting the north side 10th Ave Northeast, within Section 14, Township 44 South, Range 25 East, Collier County, Florida. The site is located within the Naples Frontal watershed (10 HUC # 0309020405).
Directions to the site are as follows: From 1-75, take exit 111 and travel east on Immokalee Road then turn right onto Randal Boulevard, turn right onto 8th Street NE and head south then left onto 10th Avenue NE. The parcel abuts the north side of 10th Avenue NE about 0.4 mile east 8th Street NE.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.249347º
Overall: Construct a single family residence with driveway, septic drain-fields, and other associated infrastructure in Golden Gate Estates, Collier County, Florida.
EXISTING CONDITIONS: The subject parcel is approximately 2.27 acre comprised mostly of disturbed freshwater forested wetlands.
PROPOSED WORK: Clear, grade, excavate and fill to construct and maintain a single family residence with driveway, house pad, septic drain-field and other associated infrastructure. The project would discharge 1,690 cubic yards of fill into 0.29 acre of disturbed wetlands.
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant states the following in support of efforts to avoid and/or minimize impacts to the aquatic environment:
The project plans have avoided any filing/clearing/digging impacts to the remaining onsite wetlands, and has minimized impacts by confining filling/clearing activities to the front portion of the property only, sited close to the road, and utilizing a straight access driveway. A temporary silt curtain will be installed around the perimeter of the cleared area and it will remain in place until all scraped areas are stabilized.
COMPENSATORY MITIGATION: The applicant proposes to purchase the required in-kind credits from a Corps approved mitigation bank.
CULTURAL RESOURCES: The Corps is unaware of any known historic properties within the review area. Our final determination relative to historic resource impacts is subject to review by and coordination with SHPO and those federally recognized tribes with concerns in Florida and the area under review by the Corps, for this proposal.
ENDANGERED SPECIES ACT (ESA): The project site is within US Fish and Wildlife Service (FWS) designated consultation areas (CA) for the crested caracara (Polyborus plancus audubonii), Everglades snail kite (Rostrhamus sociabilis plumbeus), Florida scrub jay (Aphelocoma coerulescens), Red-cockaded woodpecker (Picoides borealis) and Florida bonneted bat [(FBB) Eumops floridanus]. The project site contains suitable habitat for the eastern indigo snake (Drymarchon couperi) and is within nesting colony buffers (18.6 miles) for wood stork (Mycteria americana) colonies. The site is also within a Secondary Zone of a FWS designated Florida panther (Puma concolor coryi) Focus Area.
The Corps will conduct programmatic consultation for the wood stork, and the indigo snake and initiate consultation, with the FWS, for all other species referenced above via a separate letter.
NOTE: This public notice (PN) is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulations governing the regulatory program. The jurisdictional line has not been formally verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or the South Florida Water Management District.
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 PN.
The decision of whether to issue or deny a permit for this application will be based on the information received in response to this PN and the evaluation of the probable impacts 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 submitted in writing to the project manager, Robert Tewis, by mail to the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida 33919; or via email at firstname.lastname@example.org; or faxed to (239)-334-0797. Phone number is (239)-334-1975 X-22.
IMPACT ON NATURAL RESOURCES: Coordination with the FWS, the Environmental Protection Agency (EPA), the National Marine Fisheries Services (NMFS), 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 of whether to issue a permit will be based on the evaluation of probable impacts including cumulative effects 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 EPA Administrator, under authority of Section 404(b) of the Clean Water Act and/or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be authorized unless its issuance is found to be contrary to the public interest.
The Corps is soliciting comments, to this PN, 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.