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:
APPLICANT:
Gerald Neeser
2501 Blueberry Road
Anchorage, AK 99503
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Dryman Bay. The project site does not have an address but is located near the intersection of Cutlass Bayou Road and Casey Key Road; in Section 15, Township 28 South, Range 18 East; Nokomis, Sarasota County, Florida.
Directions to the site are as follows: From I-75 in Sarasota travel south to the exit for SR 681. Follow SR 681 to U.S. Highway 41 North, and turn right (north) on U.S. Hwy 41. Travel 2.3 miles and turn left on Blackburn Point Road. Travel to the dead end with Casey Key Road (approx. 1 mile). Turn left and travel approximately 0.3 miles. The project site is on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.17595º
Longitude -82.49625º
PROJECT PURPOSE:
Basic: Housing
Overall: To construct single family home with driveway and garage access on lot in Sarasota County.
EXISTING CONDITIONS: The project site is a 1.96 acre residential lot of which 1.77 acres is wetlands. The wetland system consists of a 1.19 acres mangrove swamp and 0.58 acre salt marsh. Only 0.33 acre consist of uplands (highly disturbed tropical hardwoods). The site was created from spoils resulting from historic dredging that occurred in the adjacent bay. The existing area surrounding the project consists of private single family residences.
PROPOSED WORK: The applicant seeks authorization to construct a single-family home and driveway on their property which will require 0.07 acre of wetland impacts.
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: Overall, the lot is 1.96 acres total in size, the majority of which is wetlands (1.77 acres); therefore, the uplands portion of the site that abuts Casey Key Road is very constrained particularly when applying the necessary front and side yard setbacks. The house is being constructed with a retaining wall in the rear (abutting wetlands) to minimize impacts that would otherwise be encroaching further into the wetland if typical fill side slopes were used (in lieu of retaining wall). The garage is also being constructed on the rear side of the home due to constraints in front of the house which only allows for a very shallow semi-circular driveway because of proximity of Casey Key Road. If the garage were to be constructed in the front of the house, it would require the house to be shifted further east and would result in more impacts.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant is considering onsite mitigation via wetland enhancement and/or purchasing credits at a mitigation bank to offset unavoidable impacts to aquatic resources.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake, Wood Stork, and Florida Bonneted Bat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. The Corps has determined the proposal would have no effect Bald Eagles or Florida Scrub-jays.
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. 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 700 feet away from the near bottom edge of the Intracoastal Waterway Federal channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610 or via email Candice.M.Wheelahan@usace.army.mil 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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610; by electronic mail at Candice.M.Wheelahan@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7064.
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.
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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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.