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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT:
Frank Hennessy
12441 Quinlan Avenue
Port Charlotte, Florida 33981
WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with the Myakka River and the Myakka Watershed (HUC 8: 03100102). The project site is located at 12451 Quinlan Avenue, in Section 19, Township 40 South, Range 21 East, Port Charlotte, Charlotte County, Florida.
Directions to the site are as follows: From I-75 South, take Exit 179 and head south for approximately 6 ½ miles on Toledo Blade Boulevard; make a right onto El Jobean Road (County Road 771) and continue on for approximately 6miles; make a right onto Gillot Boulevard and continue on for approximately 4 miles; make a right onto Quinlan Avenue and the project site is located at the end of Quinlan Avenue.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.982930°
Longitude: -82.241655°
PROJECT PURPOSE:
Basic: Bank stabilization
Overall: To provide for bank stabilization along the bank of the Myakka River and an undeveloped single-family platted lot owned by the applicant, in Port Charlotte, Charlotte County, Florida.
EXISTING CONDITIONS: The project area consists of approximately 0.39-acre of an undeveloped single-family platted lot, of which 0.11-acre are surface waters (Myakka River) and 0.15-acre are tidal wetlands. The vegetative communities were identified and classified utilizing the Florida Land Use Cover and Forms Classification System (FLUCCS). A description of the communities are as follows:
FLUCCS 190 – Open Land
This upland habitat lacks a significant canopy. Midstory and groundcover species include: Bahia grass (Paspalum notatum), Bermuda grass (Cynodon dactylon), St. Augustine grass (Stenotaphrum secundatum), frogfruit (Phyla nodiflora), false buttonweed (Spermacoce sp.), finger grass (Digitaria sp.), beggar’s tick (Bidens
alba), creeping oxeye (Wedelia trilobata), water pennywort (Hydrocotyle umbellata) and legumes (Galactia spp.).
FLUCCS 510 – River
This riverine habitat lacks vegetation and is comprised of open water.
FLUCCS 612 – Mangrove Swamp
Vegetative species in this wetland habitat includes white mangrove (Laguncularia racemosa), black mangrove (Avicennia germinans), red mangrove (Rhizophora mangle), saltbush (Baccharis halimifolia), Brazilian pepper (Schinus terebinthifolius), seashore salt grass (Distichlis spicata) and leather fern (Acrostichum danaefolium).
PROPOSED WORK: The applicant seeks authorization to install an approximately 230-foot concrete seawall within a 0.11-acre area, connecting it to existing seawalls on adjacent parcels, and filling a 0.15-acre area behind and landward of the seawall that consists of tidal wetlands (mangrove swamp). All work would take place within 0.26-acre of waters of the United States and 0.13-acre of uplands.
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 subject parcel consists of a single-family platted lot surrounded by development with approximately 0.13 acres of upland and 0.26 acres of wetland and surface water. In its current state, the lot is not suitable for development of a single-family residence. The proposed seawall will result in a developable area of 0.28 acres, allowing for future construction of a single-family residence on the parcel. The seawall is proposed to be located landward of the surveyed mean high-water line (MHWL) and will result in the avoidance of approximately 0.11 acres of riverine shoreline under ownership of the applicant. The location of the seawall and associated wetland impacts area has been designed to impact the least amount of wetland necessary to provide for development on the parcel.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: “To offset the functional loss associated with the proposed wetland impacts, the applicant is proposing off-site mitigation through the purchase of 0.15 saltwater forested credits from the Little Pine Island Mitigation Bank.”
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 proposed project may affect the smalltooth sawfish (Pristis pectinata). By separate letter, the Corps will request formal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely affect, the West Indian manatee (Trichechus manatus), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta), or their designated critical habitats. The Corps will request U.S. Fish and Wildlife Service and National Marine Fisheries Service concurrence with this determination, pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project will have no effect on the Wood stork (Mycteria americana), Eastern indigo snake (Drymarchon corais couperi), Florida bonneted bat (Eumops floridanus), Florida scrub jay (Aphelocoma coerulescens), or any other Federally listed species and/or their designated critical habitats. No further consultation with the Service is required for these species.
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 0.26-acre of estuarine waters utilized by various life stages of Red Drum (Sciaenops ocellatus), Reef fish (various spp.), Migratory/Pelagic fish (various spp.), 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 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, 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; or by telephone at (239) 334-1975 ext. 0006.
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, aesthetics, 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.