SAJ-2020-01846 (SP-MRS)

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) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

WATERWAY AND LOCATION: The project would affect the waters of the United States associated with Chokoloskee Bay. The project site is located at 815 Oyster Bar Lane, in Section 12, Township 53 South, Range 29 East, Everglades City, Collier County, Florida.  Directions to the site are as follows: From 1520 Royal Palm Square Boulevard, Fort Myers, Florida (Fort Myers Field Office). Get on I-75 S from Colonial Blvd (5.8 mi). Follow I-75 S to Fl-29 S in Collier County; take exit 80 from I-75 S (55.5 mi). Continue on FL-29 S and turn right onto Oyster Bar Lane in Everglades City (21.6 mi).

PROJECT PURPOSE: Basic: Park visiting center renovation.  Overall: Renovate an existing national park visiting center within Chokoloskee Bay, Collier County, Florida.

EXISTING CONDITIONS: The site contains a total of four wetlands; one mixed wetland hardwoods (0.49 acres) and three mangrove swamps (8.45 acres.) The onsite vegetation consists of red mangroves (Rhizopora mangle), black mangroves (Avicennia germinans), white mangroves (Laguncularia racemose), green buttonwood (Conocarpus erectus), and Brazilian pepper (Schinus terebinthifolius). The subject property comprises the Everglades National Park Gulf Coast Visitor Center and its facilities. The existing areas surrounding the subject property where the proposed project is located consist of: Vacant Residential Properties (Parcel ID#s 83491160000 and 83491840003), Collier County Everglades Airpark (Parcel ID# 83491800001), Acreage Not Zoned Agricultural (Parcel ID# 83491440005), a public road (Copeland Avenue South), and Chokoloskee Bay.

PROPOSED WORK: The applicant seeks authorization to: 1) Install 670 linear feet of concrete seawall and 137 steel bulkhead H-piles within 18 inches waterward of the existing seawall; 2) remove 183 linear feet of existing concrete seawall; 3) install a 1,029 square foot floating dock, a 200 square foot aluminum walkway and two uncovered boat lifts for a total overwater structure of 1,229 square feet. The overwater structures would be supported by 55 pilings (37 wood and 18 concrete) and installed using an impact hammer; 4) mechanically maintenance dredge a 112,246 square foot segment of Chokoloskee Bay to -6.0 feet mean low water line (MLW), removing approximately 12,980 cubic yards of material. All dredge spoil will be utilized as fill for the on-site upland development; 5) Reconfigure an existing boat ramp by removing 1,224 square foot prefabricated articulated system boat ramp (of which 939 square feet are between Mean High Water (MHW) and -3’ Mean Lower Low Water) and 3,265 square feet (168 cubic yards) of existing riprap revetment between MHW and -3’ Mean Lower low Water (MLLW)); 6) Construct a new 2,592 square foot prefabricated articulated system boat ramp (of which 927 square feet is between MHW and -3’ MLLW with 1,044 square feet (75 cubic yards) of perimeter riprap for erosion/scour protection; 7) Remove a total of three (3) 8-foot-long concrete panels along the existing bulkhead to -1’ NAVD (spaced at a maximum of 75-foot intervals) to provide tidal hydrology for the proposed 206 linear feet of living shoreline; 8) Excavate 0.27 acres of uplands landward of the above-referenced bulkhead, for which portions will be removed down to below mean high water and plantings with red and black mangrove seedlings. No work will occur in surface waters other than the removal of the above-referenced concrete seawall panels along the existing bulkhead. Therefore, the proposed mangrove living shoreline is not proposed to occur within smalltooth sawfish critical habitat. 9) Construction of a new visitor center building, sidewalks, dry retention ponds, and green space resulting in the discharge of approximately 2,900 cubic yards of clean fill into 0.56 acres of saltwater forested wetlands.

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:  For in-water-related work, the applicant has avoided and minimized impacts on the aquatic environment to the greatest extent practicable. The proposed project will be located in an area that does not contain wetlands, submerged aquatic vegetation, corals, or shellfish beds. The applicant has proposed to use turbidity barriers and follow the manatee conditions for in-water work. The in-water-related work will not exceed 25% of the width of the waterbody and have no impact on navigability. All dredged material will be disposed of in the uplands onsite.  For work above the mean high water line, alternatives were considered. The proposed project design was based on 1) operational/public safety and security, 2) constraints by the old trash landfill, 3) stormwater management, 4) fill for resilient grade elevation, 5) avoidance of net impact to smalltooth sawfish critical habitat, and 6) dredge material placement.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The project will result in the loss of 0.56 acres of saltwater forested wetlands. The Corps determined that the purchase of 0.25 Federal saltwater forested wetland credits will provide adequate compensatory mitigation for the functional loss associated with the loss of 0.56 acres of saltwater forested wetlands.

CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 Giant Manta Ray (Manta birostris), Smalltooth Sawfish (Pristis pectinata) or its designated critical habitat, Green Sea Turtle (Chelonia mydas), Hawksbill Sea Turtle (Eretmochelys imbricata), Kemp’s Ridley Sea Turtle (Lepidochelys kempii), Leatherback Sea Turtle (Dermochelys coriacea), Loggerhead Sea Turtle (Caretta caretta). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Everglades and Dry Tortugas National Parks (NPS) initiated consultation with U.S. Fish and Wildlife Services (FWS) on December 6, 2022. FWS concurred with the findings from NPS in a January 24, 2023 letter, and the Corps agrees with the findings (see details below).

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus), American Crocodile (Crocodylus acutus), Red Knot (Calidris canutus rufa), West Indian Manatee (Trichechus manatus) or its designated critical habitat, Piping Plover (Charadrius melodus), and Eastern Indigo Snake (Drymarchon couperi).

The Corps has determined the proposal would have no effect on the Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis) and Garber’s Spurge (Chamaesyce garberi). 

The Corps has determined the proposal would have no effect on Bartram’s Hairstreak Butterfly (Strymon acis bartrami), Florida Leafwing Butterfly (Anaea troglodyte floridalis), Audubon’s Crested Caracara (Polyborus plancus audubonii), Everglade Snail Kite (Rostrhamus sociabilis plumbeus), Florida Panther (Puma concolor coryi), Florida Prairie-Clover (Dalea carthagenensis floridana), Florida Scrub-Jay (Aphelocoma coerulescens), Cape Sable Seaside sparrow (Ammodramus maritimus mirabilis), Wood Stork (Mycteria americana), and Red-Cockaded Woodpecker (Picoides borealis) because they have no potential to occur within the project area.

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 2.80 acres of sand/silt unconsolidated bottom utilized by various life stages of marine and anadromous fishery resources. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Chokoloskee Bay. 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: The proposed activities are not located in the vicinity of a 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. The jurisdictional line has 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 Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Ste 310, Fort Myers, Florida 33919-1036 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, Michael Strange, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Ste 310, Fort Myers, Florida 33919-1036; by electronic mail at Michael.R.Strange@usace.army.mil or by telephone at (239) 334-1975 x0008.

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.

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: WQC is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0297685-005 EI.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.