Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2018-01618

Published July 16, 2018
Expiration date: 7/31/2018

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: Collier County Public Utilities Department
                      c/o Dan Rodrigues, Director
                      3335 Tamiami Trail East, Ste., 101
                      Naples, Florida 34112

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Trafford. The project site is in Ann Olesky Park located where Lake Trafford Road ends at the lake within Section 35, Township 46, Range 28, Immokalee, Collier County, Florida.

DIRECTIONS TO THE SITE: Take SR-29 heading east towards Immokalee to Lake Trafford Road. Turn left (west) on Lake Trafford Road and travel approximately 3 miles to Ann Olesky Park where the road ends at the lake.

PROJECT PURPOSE:

Basic: Shoreline protection, habitat restoration and habitat enhancement.

Overall: Dredge eroded sediments from the lake bottoms near the shoreline to use to reestablish the preexisting shoreline’s width and height and to restore and enhance fish, bird and other wildlife habitat along a segment of the shoreline at Ann Olesky Park located on the shores of Lake Trafford, Florida.

EXISTING CONDITIONS: Ann Olesky Park is approximately 4.12 acres of which 0.82 acre is sparsely vegetated upland (FLUCFCS Code 185) and the remaining 3.30 acres are below the ordinary high water line (OHWL), comprised of Lake Trafford bottoms and its water column (FLUCFCS Code 520).

PROPOSED WORK: Dredge, fill and grade to restore, protect and maintain an eroding lake shoreline. The project would dredge approximately 2,500 cubic yards of native sediments from approximately 1.4 acres of lake bottoms and discharge those same 2,500 cubic yards of sediments along approximately 450 linear ft. of shoreline to an approximate 20 ft. width to restore the eroded shoreline to its original alignment. The project would place approximately 14,000 sq. ft. of turf reinforcement and 14,000 sq. ft. of filter fabric onto the lake bottom along the restored shoreline. Approximately 10,500 sq. ft. of that material will be placed below the OHWL. Approximately 400 cubic yards of gravel/rocks will be discharged onto approximately 20,000 sq. ft. of the lake bottom in the vicinity of an existing fishing pier. Approximately 3,000 anchors will be placed into the turf and filter fabric to hold that material in place. The total of lake bottoms within the project area is approximately 2 acres. The project includes shoreline and near shore planting areas to be planted with native submerged aquatic and emergent vegetation. This along with the gravel beds are for the purpose of improving habitat for fish, bird and other wildlife. This project is a joint endeavor between Collier County and the Florida Fish and Wildlife Conservation Commission (FWC).

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:

This project purpose is site specific and area specific within the project site. The project will deploy and maintain turbidity curtains and employ other best management practices during all inwater work activities to minimize secondary impacts to the lake water column during construction.

COMPENSATORY MITIGATION: The project will enhance and restore shoreline habitat and inwater lake habitat near the shoreline. No further mitigation is proposed.

CULTURAL RESOURCES: The Corps is unaware of any known historic properties within the permit area. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Office (SHPO) and those federally recognized tribes with concerns in Florida and the area under review by the Corps, for this proposal.

ENDANGERED SPECIES: The project site is within a wood stork (Mycteria americana) core foraging area (CFA). In accordance with the South Florida Programmatic Wood Stork Key the proposal keys as follows: A., B., C., E. Upon completion the project is expected to result in enhanced and increased wood stork foraging habitat, within the same CFA therefore, Corps determined the project MANLAA the wood stork and no further consultation with the US Fish and Wildlife Service (FWS) is required.

Other species considered by the Corps are the Florida scrub jay (Aphelocoma coerulescens), Everglades snail kite (Rostrhamus sociabilis plumbeus), crested caracara (Polyborus plancus audubonii), Florida bonneted bat (Eumops floridanus), and the Florida Panther (Puma concolor coryi). Due to the project site’s location (within an active and frequented county park), the type of existing onsite habitat and the nature of the proposed activity the Corps determined that the proposed project would have “no affect” on any of the other species considered and referenced above.

NOTE: This public notice is being issued based on information furnished by the applicant. All the information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The jurisdictional line has been preliminarily 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 15 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, Robert Tewis, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919, by electronic mail at robert.m.tewis@usace.army.mil, or by telephone at (239) 334-1975 x-0012.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. Coordination with FWS, Environmental Protection Agency (EPA), 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

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.