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: Heather Hassell
1206 Edington Place
Marco Island, FL 34145
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Collier Creek/Big Marco River. The project site is located at 1200 Edington Place, in Section 5, Township 52 South, Range 26 East, Marco Island, Collier County, Florida.
Directions to the site are as follows: From I-75 take Exit 101 towards Naples/Marco Island (CR 951). Continue on CR 951 for 14 miles. Turn right onto North Barfield Drive and continue for 1 mile. Turn right onto Bald Eagle Drive and continue for 1 mile. Turn left onto palm Street and continue for 0.2 mile. Turn right onto Edington Place and continue for 500 feet. Ville De Marco West will be at the end of the road on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.974346°
Basic: The basic project purpose is for channel stabilization.
Overall: The overall project purpose is to stabilize the channel where significant scouring has occurred due to the effects of Hurricane Irma in Collier Creek, Marco Island, Florida.
EXISTING CONDITIONS: The project is located within Collier Creek, adjacent to Ville De Marco West residential marina. Significant wave action and increased wave action occurred during Hurricane Irma’s pre-storm drawdown. A large quantity of sand migrated from the south, over the Collier Creek terminal jetty, settling within the creek. The sand obstructed the creek and redirected flow towards Villa De Marco West marina, scouring the channel bottom, resulting in significant damage to the marina. The existing channel bottom does not indicate the presence of any natural resources, including submerged aquatic vegetation, within or adjacent to the project area.
PROPOSED WORK: The applicant seeks authorization to fill an 8,370 square feet (0.19 acre) scour hole with approximately 1,300 cubic yards of compatible sand. Once the scour hole is filled, the applicant proposes to place 5,200 square feet of articulated concrete block mat over the fill to prevent future scouring. The project will include the temporary installation of turbidity curtains during the construction phase.
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 contractor will maintain all turbidity control methods in functioning condition which shall remain in place for the duration of the project. The contractor will take measures to ensure that turbidity levels do not exceed allowable levels. The contractor will conduct work in a manner to prevent damage to the submerged bottom. All work in shallow waters will occur during high tides to prevent damage to the submerged bottom. The contractor will comply with the manatee and sea turtle protection conditions.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
No mitigation is proposed. Work will be conducted in a manner that does not cause violations of state water quality standards. Best management practices will be implemented for erosion and pollution control.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project “may affect, not likely to adversely affect” the West Indian manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated 25 April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > D > E > N > O > P > “MANLAA.” The applicant agrees to comply with the 2011 “Standard Manatee Conditions for In-Water Work”.
The Corps evaluated the proposed work utilizing the National Marine Fisheries Service (NMFS’s) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The Corps has determined the proposed project “may affect, not likely to adversely affect” the Green sea turtle (Chelonia mydas), Loggerhead sea turtle (Caretta caretta), Kemp’s Ridley sea turtle (Lepidochelys kempii), or the Smalltooth Sawfish (Pristis pectinata). The applicant agrees to comply with the “Sea Turtle and Smalltooth Sawfish Conditions” dated 23 March 2006.
The Corps has determined that the project will have no effect on any other listed, threatened, or endangered species, and/or designated critical habitat.
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 project would impact approximately 8,370 square feet of un-vegetated channel bottom utilized by various life stages of juvenile fish and invertebrates commonly observed in the Gulf of Mexico. Our initial 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, 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, Michelle Bartley, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, Florida 33919, by e-mail at email@example.com, or by telephone at (239) 334-1975 ext. 0006.
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.