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:
Robert and Mary Ellen Swift
6530 Sandalwood Lane
Naples, FL 34109
WATERWAY AND LOCATION: The project is located on Sandalwood Ln, Naples, Sections 7, Township 49 South, Range 26 East, Collier County, Florida. (PID #38452560102). Approximate latitude 26.224064, Longitude -81.747415. The project is associated with freshwater forested wetlands that are associated with the Gordon River.
Directions to the site are as follows: From I-75, take exit 107 and head east on Pine Ridge Rd. After 0.9 miles, turn right onto Livingston Rd. and after 0.7 miles turn right onto Sable Ridge Rd and take an immediate left onto Old Livingston Rd. After 0.2 miles, turn right onto Sandalwood Ln. After 0.3 miles, destination will be on right.
APPROXIMATE CENTRAL COORDINATES:
Basic: Single family home
Overall: Construct a single family home in southern Collier County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater wetland system. The onsite vegetation consists of slash pine, cabbage palm, melaleuca, cocoplum, swamp fern, and saw palmetto. The existing area surrounding the project area consists of similar vegetation to that on-site.
PROPOSED WORK: The applicant seeks authorization to clear and fill 1.26 acres of freshwater forested wetland for a single family home.
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: Impacts have been located adjacent to Sandalwood ln. in order to preserve habitat in the rear yard and maintain a connected rear yard habitat corridor throughout the remainder of the neighborhood.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Purchase of mitigation credits to offset impacts
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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the:
- Florida Bonneted Bat (Eumops floridanus) (MANLAA)
- Red-cockaded Woodpecker (Picoides borealis) (NLAA)
- Wood Stork (Mycteria americana) (NLAA), and the
- Eastern Indigo Snake (Drymarchon couperi) (NLAA)
The Corps has determined the proposed project has no effect on the:
- Florida scrub jay (Aphelocoma coerulescens) (NE)
The FWS provided stickers concurrence on November 20, 2018. No further consultation is required.
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 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, Fort Myers, FL 33919 within 30 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, Allison Murphy, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square, Fort Myers, FL 33919; by electronic mail at Allison.C.Murphy@usace.army.mil; or by telephone at (239)334-1975 ext.0008.
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.