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: SunDream, Inc.
c/o Ms. Krista Davis
10962 Legacy Gateway Circle, Apartment 202
Fort Myers, Florida 33913
WATERWAY AND LOCATION: The project would affect waters of the United States, associated with Mast Canal. The project site is located at 2807 Santa Barbara Boulevard, in Section 36, Township 44 South, Range 23 East, Cape Coral, Lee County, Florida.
Directions to the site are as follows (from the Fort Myers Field Office): Turn left onto Summerlin Road (0.2-miles), turn left onto Colonial Boulevard crossing the Midpoint Bridge (2.0-miles), continue onto Veterans Parkway (3.9-miles), turn left onto Santa Barbara Boulevard (0.3-miles), turn left onto SE 28th Terrace and the property will be immediately on the left.
APPROXIMATE CENTRAL COORDINATES:
Basic: Commercial development.
Overall: Construct a car wash in central Cape Coral, Lee County, Florida.
EXISTING CONDITIONS: The project site consists of an undeveloped parcel, made up of several lots, at the intersections of Santa Barbara Boulevard and Kamal Parkway to the north, and Santa Barbara Boulevard and SE 28th Terrace to the south, and at the terminus of Mast Canal. Mast Canal is a tidally influenced saltwater system. The subject site is approximately 1.82-acres in size, which includes a 0.18-acre portion of canal vacated by the City. Approximately 1.64-acres consists of upland grasses, while the shoreline is vegetated with Brazilian pepper (Schinus terebinthifolius), Java plum (Syzygium cumini), cattails (Typha latifolia), and ear leaf acacia (Acacia auriculiformis). That portion of the Mast Canal that is part of the subject site consists of 0.18-acres of tidal open waters. The existing area surrounding the project site consists of Santa Barbara Boulevard to the west, residential development and Mast Canal to the east, Kamal Parkway to the north, and SE 28th Terrace to the south. The subject site is surrounded by residential and commercial development in all directions.
PREVIOUS PROJECT HISTORY: On December 20, 2017, the Corps issued a permit (SAJ-2016-01130 (SP-RMT)) to LMSR Estate Trust, LLC, for the filling of approximately 0.15-acres of mangrove wetlands and 0.05-acres of open waters at the terminus of Mast Canal for the construction of a commercial development, specifically a real estate agency and additional commercial office/retail space. The project involved the construction of approximately 151 linear feet of concrete bulkhead with rip-rap toe protection to prevent scour, as well as the extension of an existing stormwater outfall. The previous permittee mitigated and removed the mangrove wetlands along the shoreline per the issued permit.
PROPOSED WORK: The applicant seeks authorization to fill approximately 0.17-acres of open waters to act as a suitable base to support the construction of a commercial business. Approximately 165 linear feet of concrete bulkhead, with rip-rap scour toe protection at the base, will be constructed. Approximately 802 cubic yards of fill material will be placed within waters of the United States to provide the base for the development, with an additional 2.2 cubic yards of rip-rap at the base of the bulkhead. A 36-inch outfall pipe will be extended through the proposed fill and discharge at the face of the new bulkhead.
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 proposed fill area is the minimum area practicable for a commercial car wash in this location.”
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: “No formal compensatory mitigation is proposed as the impacts are to a man-made wetland and canal which do not provide significant wetland functions. The proposed 100-feet of riprap will replace any minimal wetland functions that will be impacted by the project.”
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 that the proposed project may affect, but is not likely to adversely affect, the American wood stork (Mycteria americana), as well as the green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), and loggerhead (Caretta caretta) sea turtles. The Corps made the determinations on the wood stork based on a species-specific programmatic key developed by the Corps and the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act; no further consultation with the Service is necessary for this species. The National Marine Fisheries Service issued a Biological Opinion on October 12, 2017 (SERO-2016-18373) that included the effects to the sea turtles, and further consultation for these species is not needed.
The Corps has determined the proposal may affect the smalltooth sawfish (Pristis pectinata) and its designated critical habitat. However, the National Marine Fisheries Service issued a Biological Opinion on October 12, 2017 (SERO-2016-18373), pursuant to Section 7 of the Endangered Species Act. Further consultation for this species and its critical habitat is not needed.
The Corps has determined that the proposed project may affect the West Indian manatee (Trichechus manatus), and further consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act may be necessary.
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. [INCLUDE IF APPROPRIATE] The proposal would impact approximately 0.17-acres of EFH utilized by various life stages of fish species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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 proposed project will not affect the Intracoastal Waterway or any Federal navigation 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.
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 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, John N. Policarpo, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida, 33919; by electronic mail at John.N.Policarpo@usace.army.mil; or by telephone at (239) 334-1975.
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.
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 South Florida Water Management District.
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.