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.

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SAJ-2019-00929 (SP-MLB)

Published Jan. 8, 2020
Expiration date: 2/8/2020
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:

Collier County Transportation Engineering Division
C/o Jay Ahmad
2885 S. Horseshoe Drive
Naples, FL 34104

Rookery Bay National Estuarine Research Reserve (RBNERR)
C/o Keith Laakkonen
300 Tower Road
Naples, FL 34113

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Big Cypress Swamp Watershed, Rookery Bay, Goodland Bay and the Gulf of Mexico. The project site is located on Goodland Drive near the intersection of County Road (CR) 92, in Section 13, Township 52 South, Range 26 East, Goodland, Collier County, Florida.

Directions to the site are as follows: From I-75 take exit 101 and head south on CR 951 towards Naples and Marco Island; Keep right at the fork and continue on CR 951 for about 7 miles; Make a left onto US-41 and head south for about 8 miles; Make a right onto San Marco Road and continue on for about 6 ½ miles; Make a left onto Goodland Drive (CR 892); The project will begin at this intersection.

Latitude 25.92888°
Longitude -81.65350°

Basic: Roadway rehabilitation
Overall: Raise a roadway to prevent flooding and increase the flushing beneath the roadway, two bays and a tidal mangrove forest.

EXISTING CONDITIONS: Goodland Drive is a public road that is owned and maintained by Collier County that is located on the southeast portion of Marco Island. Goodland Drive is the only egress and ingress and hurricane evacuation route for the residents of Goodland providing access to Cities of Marco Island and Naples. Goodland Drive intermittently floods during storm and tidal events, restricting access of residents to and from the community of Goodland. In addition, Goodland Drive limits the tidal flow from Goodland Bay to the mangrove forest west of Goodland Drive.

PROPOSED WORK: Collier County is proposing to rehabilitate Goodland Drive by elevating the road from SR 92A/San Marco to Harbor Place to reduce potential flooding. As part of the rehabilitation, Collier County is also proposing to install pipes beneath Goodland Drive to improve ebb and flow of tidal waters between the Goodland Bay and the mangrove forest and the Fruit Farm Creek Restoration Area to the west of Goodland Drive. Two canals will also be constructed to improve the tidal flushing from Goodland Bay to the mangrove forest. The canals will extend from the pipes within Collier County Right-of-Way (ROW) and cross onto RBNERR property to reach Goodland Bay. The proposed work would directly impact 1.24 acres of tidal wetlands and indirectly impact 3.85 acres of tidal wetlands by dredging and placing fill in the wetlands along the majority of the project corridor and installing five (5) pipes beneath Goodland Drive.

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 full range of avoidance and minimization measures were considered in developing this project to avoid long-term and short-term impacts to wetland resources and to avoid new construction in wetlands wherever practicable. The proposed project will require work within wetlands to accomplish project objectives however the impacts to wetlands will be minimized through appropriate design and utilization of Best Management Practices (BMPs) for erosion control during construction. All dredging and filling impacts of 1.24 acres will be mitigated through the purchase of wetland mitigation from an USACE approved bank.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Wetland mitigation is proposed for the direct impacts of 1.24 acres. Based on the Unified Mitigation Assessment Method (UMAM), it is anticipated the proposed project will require 0.80 wetland mitigation credits to offset the direct wetland impacts. Collier County is proposing to purchase the forested saltwater wetland mitigation credits from Little Pine Island Mitigation Bank 45 days prior to construction. The secondary impacts are calculated a distance of 25 feet from the direct impact areas, and these impacts typically require compensatory mitigation. It is anticipated that the proposed project will result in 3.85 acres of secondary wetland impacts. The installation of the pipes is not necessary to raise Goodland Drive. However, the Engineering Report for Restoration of Mangroves at Fruit Farm Creek indicated that placing pipes under Goodland Drive would have a net benefit to the adjacent mangrove forest. After coordination with RBNERR and the Conservancy of Southwest Florida, Collier County agreed to install the pipes under Goodland Drive to enhance the previous permitted (SFWMD Permit Number 170111-11) Fruit Farm Creek Mangrove Restoration area. Therefore, Collier County is proposing no compensatory mitigation for the secondary impacts associated with the proposed project. To demonstrate the proposed project will not negatively affect the adjacent mangrove forest, Collier County has agreed to conduct the Conservancy of Southwest Florida Monitoring Plan.

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 Corps has determined the proposal may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) and/or its designated critical habitat. The Corps has determined that the proposed project may affect the Smalltooth sawfish (Pristis pectinata) and its designated critical habitat. The Corps will initiate by separate letter, an informal consultation with the Fish and Wildlife Service and formal consultation with the National Marine Fisheries Service, 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 1996. The proposal would directly impact approximately 1.24 acres and indirectly impact 3.85 acres of mangrove tidal wetlands utilized by various life stages of saltwater species and their habitat. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in 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 not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification is required from the Florida Department of Environmental Protection and/or one of the other 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 within 21 days from the date of this notice. For electronic mail (preferred) submit comments to For standard mail submit comments to 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, Florida 33919, or by telephone at (239) 334-1975 ext. 0006. Please reference this permit number, SAJ- 2019-00929 (SP-MLB), on all submittals.

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, or by telephone at (239) 334-1975 ext. 0006.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. 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.

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.