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-2020-01210 (SP-RWR)

Published June 30, 2020
Expiration date: 7/21/2020
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:

Lee County, Facilities Construction & Management
Elaine Capps
1500 Monroe Street
Fort Myers, Florida 33901

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Caloosahatchee River. The project site is located at 19130 N. River Road, in Sections 19 & 20, Township 43 South, Range 27 East, Alva, Lee County Florida.

Directions to the site are as follows: Head south on McGregor Boulevard. Stay straight onto San Carlos Boulevard. Bear to the right under the bridge and the facility is on the right after the turn around.

Latitude: 26.719630º
Longitude: -81.659274º

Basic: Shoreline stabilization.
Overall: Shoreline stabilization at the Caloosahatchee Regional Park, Alva, Lee County, Florida

EXISTING CONDITIONS: The Caloosahatchee River forms the southernmost boundary of the Park. The project consists of shoreline stabilization of 3,250 linear feet of the western half of the riverfront of the park. The activity occurs on the surface water, along the edge of, and onto the shoreline of the north side of the Caloosahatchee River (C-43 Canal). Stabilization is proposed to be achieved by installation of riprap on top of a stone bed underlain by a woven geotextile fabric. The eastern 3,280 linear feet of the park was stabilized previously in two phases completed in July of 2015 (Phase I), and February of 2017 (Phase II).

PROPOSED WORK: The applicant seeks authorization to place 5,550 cubic yards of riprap spanning 3,250 linear feet along the northern shoreline of the Caloosahatchee River.

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: “A do nothing alternative will result in the continued loss of shoreline in the park along with the associated loss of trees, vegetation, and foot paths.

Past conversation with field personnel from the US Army Corps Clewiston office indicates that the creation of a No Wake Zone (NWZ) is extremely unlikely. Just because the shoreline is eroding does not qualify for a NWZ, if one were granted to Lee County for the park then they would be inundated with requests from all the property owners along the waterway.

The request for revetment is the only workable alternative for stabilizing the shoreline of the park. The revetment is built to function as an effective wave break. Review of the Phase I and Phase II portions constructed on the east half of the park reveal that the dimensions and rock sizing were done correctly.

The compensation is in the long term stability of the shoreline wherein the erosion is stopped and the functional value of trees as habitat is preserved. There is also the consideration that left unchecked, the do nothing alternative, there will be trees falling into the canal. As this is a outflowing system, eventually it would seem that these trees are at risk of making their way to S-79 and potentially entering either the locks or the flow way gates and becoming stuck.

The applicant agrees to comply with the November 2017 "National Marine Fisheries Service's (NMFS) Recently Issued Final Programmatic Biological Opinion (Referred to as JAXBO) for In-Water Work"; the 2011 "Standard Manatee and Marine Turtle Construction Conditions for In-Water Construction"; and the March 2006 "Sea Turtle and Smalltooth Sawfish Construction Conditions". All applicable work condition information for protected species will be provided to the selected contractor(s). Type I turbidity curtains will be installed around the riprap installation and will remain in place until the turbidity subsides to acceptable levels.”

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: There are no impacts to wetland vegetation or submerged aquatic vegetation, therefore no mitigation is required.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. Additionally the area has been highly disturbed in past dredging event of the river. 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 made the determination that the proposed project may affect, but is not likely to adversely affect, the West Indian manatee and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: MANLAA, A>B>C>G>N>O>P4 with no further consultation required. This determination is based on the applicant following the Standard Manatee Conditions for In-Water Work, 2011 for the proposed activity.

Wood Stork: The Corps has made the determination that the proposed project may affect, but is not likely to adversely affect, the wood stork. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in South Florida, January 2010 (Wood Stork Key). Use of the Wood Stork Key resulted in the following sequential determination: A
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 impact approximately 0.92 acre of sandy silt and mud habitat. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Caloosahatchee River (C-43 Canal). 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 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 Boulevard, 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, Russell Rouan, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310 Fort Myers, Florida, 33919; by electronic mail at; or, by telephone at (239) 334-1975 ext. 0011.

ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.

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.