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:
Lee County Department of Transportation
c/o Randy Cerchie
1500 Monroe Street
Fort Myers, Florida 33901
WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with Big Carlos Pass and the Big Cypress Swamp watershed (HUC 8: 03090204). The project site is located at the Big Carlos Pass bridge (Estero Boulevard/CR-865), connecting Estero Island with Black Island/Lovers Key State Park, in Sections 02, 03, 10 and 11, Township 47 South, Range 24 East, Lee County, Florida.
Directions to the site are as follows: From I-75 take Exit 116 for Bonita Beach Road SE in Bonita Springs. Continue on Bonita Beach Road SE for approximately 11.7 miles. The project area is Estero Boulevard (CR 865), including the Big Carlos Pass Bridge, from 50 feet east of Estrellita Drive to 1,050 feet east of the Lover's Key State Park entrance.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.4031°
Longitude -81.8829°
PROJECT PURPOSE:
Basic: Bridge replacement
Overall: Replace the existing functionally obsolete Big Carlos Pass bridge and increase vehicular and pedestrian safety over Big Carlos Pass in Lee County, Florida.
EXISTING CONDITIONS: The existing bascule bridge is a 1,688-foot long, steel bascule structure with 29 prestressed concrete spans of varying sizes. The existing bridge is 37.75 feet wide and carries two (2) lanes of traffic on 26 feet of clear roadway width. It also carries 3-foot-wide sidewalks exterior to the roadway in each direction. The bascule bridge has a minimum 24.5 feet of vertical clearance when closed and 50 feet of horizontal clearance between fenders at the navigation channel.
PROPOSED WORK: The applicant seeks authorization to replace the Big Carlos Pass Bridge with a fixed, high-level bridge constructed to the south (Gulf of Mexico side) of the existing bridge. More specifically, the new bridge will consist of 14 prestressed concrete spans for a total bridge length of 2,266 feet. The new bridge will be 61.67 feet wide with two (2) 12-foot travel lanes, two (2) 7-foot wide bicycle lanes, a 10-foot wide shared use path and a 6-foot wide sidewalk. The sidewalk and shared-use path will be separated from the travel lanes by standard concrete barriers. The new structure will have a vertical clearance of 60 feet and a horizontal clearance of 100 feet at the navigation channel. A total of 330 permanent 24-inch square pre-stressed concrete piles will be installed for the proposed bridge. Of those 330 piles, 217 are proposed in the water. The total pier foundation footprint of the proposed bridge within Big Carlos Pass is approximately 0.16 acre. At the western bridge approach, private property and the existing drainage system dictated the bridge approach design and the location of the required vertical clearance. Due to these engineering constraints, the maximum vertical clearance of the new bridge was required to shift eastward. As a result, the navigation channel is required to shift 303 feet to the east to align with the maximum vertical clearance of the new bridge. The proposed channel will be 100 feet wide. Based on the modeling and analysis of inlet dynamics, an advanced maintenance dredge of an additional 100 feet in width is proposed to allow for initial adjustments and sustainability of the dredged channel. Total volume to be dredged will be approximately 2,162.87 cubic yards (CY). The dredging is expected to be completed by use of a cutterhead hydraulic dredge. The dredge material will be deposited back into the Big Carlos Pass, within the old navigation channel alignment via submerged disposal by side-casting. The project would result in 4.34 acres of permanent impacts including 2.35 acres of wetlands and 1.99 acres of surface waters (1.83 acres from dredging and 0.16 acres from pier foundations), 1 acre of secondary impacts, and 0.01-acre of temporary impacts, for a total of a 5.24-acre impact area.
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:
“Avoidance measures implemented include using an optimized alignment south of the existing bridge to avoid the Estero Bay Aquatic Preserve and completing an alternative analysis for the eastern roadway alignment to avoid and minimize wetland impacts in known wading bird foraging habitat. Minimization measures utilized include using the existing roadway ROW, limiting wetland impacts to previously disturbed areas, and implementing Best Management Practices (BMPs) during construction to minimize water quality impacts, such as erosion and turbidity within wetlands and surface waters adjacent to construction activities. A project-specific Stormwater Pollution Prevention Plan (SWPPP) has been prepared and is included in the engineering plans submitted as part of this permit application. To minimize short term impacts, the contractor shall adhere to the FDOT’s Standard Specification for Road and Bridge Construction”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“The proposed project is anticipated to result in a total of 5.24 acres of impacts (3.24 acres of wetlands and 2.00 acres of surface waters). Based on the Little Pine Island Mitigation Bank (LPIMB) wetland functional assessment, total wetland impacts of 3.24 acres require 1.39 credits to offset the anticipated functional loss of wetlands from construction of the proposed project.” Therefore, mitigation would include the purchasing of 1.39 saltwater credits from the LPIMB.
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.
A Cultural Resources Assessment Survey (CRAS) was completed for the Big Carlos Pass Bridge Replacement. Although no effect is anticipated, a cultural resource coordination letter was prepared for this project by the applicant and was sent to the State Historic Preservation Officer (SHPO) on November 21, 2019 to document that there are no significant historical or prehistoric archaeological sites or historic resources within the Area of Potential Effect (APE). The SHPO concurred with the applicants’ findings on December 16, 2019.
ENDANGERED SPECIES: The Corps has made the determination of may affect, not likely to adversely affect, the West Indian manatee (Trichechus manatus), piping plover (Charadrius melodus), wood stork (Mycteria americana), Florida bonneted bat (Eumops floridanus), smalltooth sawfish (Pristis pectinata), loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), Kemp's Ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), hawksbill sea turtle (Eretmochelys imbricata), and their designated critical habitat. The Corps will request United States Fish and Wildlife (USFWS) and National Marine Fisheries Service concurrence with these determinations as required under Section 7 of the Endangered Species Act (ESA).
The Corps has made the determination of no effect for the American crocodile (Crocodylus acutus), Eastern indigo snake (Drymarchon couperi), Florida scrub-jay (Aphelocoma coerulescens), or their 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 proposal would impact estuarine waters utilized by various life stages of red drum (Sciaenops ocellatus), reef fish (various spp.), migratory/pelagic fish (various spp.), and snapper/grouper complex.
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 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, 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, Michelle Bartley, by electronic mail at Michelle.L.Bartley@usace.army.mil.
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.