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: Thomas Broccolo
7101 Appleby Drive
Naples, FL 34104
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Big Cypress sub-basin of the Horsepen Slough drainage. The project site is located at 2nd Street NE north of Immokalee Road (parcel ID # 3769520005, Golden Gate Estates) in Section 22, Township 48S, Range 27E, Naples, Collier County, Florida .
Directions to the site are as follows: Take I-75 to Immokalee Road (Exit 111). Follow Immokalee Road east for approximately 8.39 miles to Wilson Blvd. North. Take Wilson Blvd. north for 0.18 miles to 25th Ave. NW. Take 25th Ave. NW east for 0.26 miles to 2nd St. NE. Follow 2nd St. NE for 0.81 miles north and the proposed project site is on the east side of this road approximately 500 feet south of the dead-end.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.29065°
Longitude -81.60248°
PROJECT PURPOSE:
Basic: Housing
Overall: The construction of single family residence with associated well, septic system, driveway, and out building. The proposed project site is located at NE 2nd Street, Parcel ID# 3769520005, Naples, FL 34116.
EXISTING CONDITIONS: The wetland system consists of a freshwater forested wetland system dominated by mostly native flora with some exotic species of flora present. The subject property is a 5.0 acre parcel of which 3.71 acres are jurisdictional wetlands. The remainder of the property is disturbed uplands that were created through the draining and ditching of the surrounding landscape. The onsite wetland area is dominated by a canopy of approximately 55% bald cypress (Taxodium distichum) and lesser amounts of cabbage palm (Sabal palmetto) and laurel oak (Quercus laurifolia). The understory consists of sapling slash pine (Pinus elliottii), cabbage palm, Brazilian pepper (Schinus terebinthifolius), smilax (Smilax spp.) and poison ivy (Toxicodendron radicans). The seasonal high water elevation within the wetland is below ground level. This is due to the intense ditching and draining of the surrounding area including a large unnamed drainage canal along the eastern periphery of the property. The area surrounding the project site has a long history of intensive manipulation such as agriculture and logging and more recently a rapidly growing presence of single family residences and multifamily residential communities. There are residential properties to the south of the project site along 2nd St. NE and to the east of the property along Immokalee Rd. there are several large residential communities.
PROPOSED WORK: The applicant seeks authorization to discharge 2,856 cubic yards of clean fill into 0.52 acres of jurisdictional wetlands for the construction of a single family residence with associated appurtenances. The remaining wetlands on site will be avoided and left intact.
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:
Due to the size of the property and the location of the wetlands, avoidance and minimization were not a completely viable option for the development of the property. Initially the applicant’s proposed project would have impacted a total of 0.82 acres of existing forested wetlands. The revised proposed project is utilizing the very limited uplands on-site to the fullest extent possible to minimize the project’s impacts to the on-site wetlands and therefore reduced the impacts to onsite wetlands to 0.52 acres.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation for the proposed 0.52 acres of freshwater forested wetland impacts will be provided by the purchase of the appropriate amount of palustrine credits from Panther Island Mitigation Bank Expansion (SAJ-2014-01319). The Panther Island Mitigation Bank Expansion is a federally permitted wetland mitigation bank with credits servicing the Big Cypress/Horespen Slough basins and other surrounding areas.
CULTURAL RESOURCES:
The Corps has determined the permit area 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”. In addition to the limited scope of the activity the area is historically wet and any possible cultural resources have most likely been lost due to historic frequent and prolonged inundation.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida bonneted bat (Eumops floridanus). The Corps will request U.S. Fish and Wildlife concurrence with this determination 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 of 1996.
The determination of the Corps is that the proposed action would have no adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico since the project site is located 14 miles inland of the closest major tributary, the Imperial River.
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, Robert M. Gerwig, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, FL 33919; by electronic mail at Robert.M.Gerwig@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975.
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.