SAJ-2023-000191 (SP-KLZ)

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:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with a manmade canal adjacent to Goodland Bay. The project site is located at the intersection of Pettit Drive and Goodland Drive E on state tax parcel identification number 01057440007 in Section 18, Township 52, Range 27, Goodland, Collier County, Florida.

DIRECTIONS TO THE SITE ARE AS FOLLOWS: Travel south on Interstate 75 (I-75) and take exit 101 (Collier Boulevard). Once over the bridge, turn left onto Barfield Drive, then left onto San Marco Road. Turn right onto Goodland Drive, left onto Pear Tree Avenue and left onto Goodland Drive E. The parcel will be on the right.

PROJECT PURPOSE: Basic:  Residential Development

Overall:  The overall project purpose is to develop a single-family residential property with appurtenant structures that meets the permitting requirements of Collier County.

EXISTING CONDITIONS:  The subject parcel is a vacant single family residential lot. The wetland system consists of a 0.02-acre mangrove swamp and a 0.02 acre vegetated non-forested wetland. The mangrove swamp contains red mangroves. The existing area surrounding the project area consists of a man-made canal adjacent to Goodland Bay to the northwest and east, with a developed residential lot to the southeast and an existing road to the south. The project area is also within the Ten Thousand Islands National Wildlife Refuge and the Rookery Bay Aquatic Preserve.

PROPOSED WORK:  The applicant seeks authorization to construct a driveway, the foundation pad for a residential home and associated yard which would result in the loss of approximately 0.05 acre of waters of the United States consisting of approximately 0.04 acre of wetland, including 0.02 acre of red mangrove, and 0.01 acre of surface waters within a manmade canal adjacent to Goodland Bay to accommodate the placement of fill to meet the County requirements to install a driveway. Additionally, new riprap would be placed within 0.02 acre of surface waters within a manmade canal adjacent to Goodland Bay and 0.04 acre of existing riprap within the surface waters within a manmade canal adjacent to Goodland Bay would be refurbished.

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:  All work would be conducted from uplands and construction would be limited to daylight hours. Silt fences and turbidity curtains would be installed to ensure that no fill erodes into nearby surface water. The Applicant has also agreed to follow the National Marine Fisheries Service’s Sea Turtle and Smalltooth Sawfish Construction Conditions.

The project has been minimized to the greatest extent practicable. Side setbacks established by Collier County do not allow for enough space to construct a driveway on the undeveloped parcel. The proposed development is configured on the property such that the house is located at the widest point of the uplands and the driveway at the narrowest point. Additionally, the fill to be placed in the canal would occur at the widest point of the waterway. Existing riprap along approximately 177 linear feet of shoreline would be refurbished and consist of the minimum necessary. The portion of the project, to the west of the existing riprap, that would require fill to accommodate the driveway and access to the property would have new riprap placed for approximately 85 linear feet of shoreline stabilization.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The Applicant has proffered to offset the unavoidable impacts to 0.02 acre of red mangrove habitat through the purchase of 0.02 credits from the Little Pine Island Mitigation Bank. A credit reservation letter from the Little Pine Island Mitigation Bank would be provided prior to permit issuance. The Corps has not yet determined the adequacy of the Applicant’s proposed compensatory mitigation.

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 reviewed the U.S. Fish and Wildlife Service's latest published version of federally listed endangered and threatened species located in Collier County, Florida and the National Marine Fisheries Service’s species list for the Southeast Region to determine if any listed species or their critical habitat may occur in the proposed project area.

The Corps has made a preliminary determination that the proposed activity may affect federally listed endangered or threatened species or their critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

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 0.02 acre of red mangrove wetland utilized by various life stages of Smalltooth Sawfish (Pristis pectinata). Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the manmade canal adjacent to Goodland 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 activity is 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 extent of waters of the United States 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 Albuquerque District, Southern Colorado Branch, 1970 E. 3^rd Avenue, Suite 109, Durango, Colorado 81301-5025, 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, Kerrianne Zdimal, in writing at the Southern Colorado Permits Section, 1970 East 3rd Avenue, Suite 109, Durango, Colorado 81301-5025; by electronic mail at kerrianne.l.zdimal-quarles@usace.army.mil; or, by telephone at (970) 259-1764, extension 1. 

IMPACT ON NATURAL RESOURCES:  Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency, 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 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):  The Applicant has stated that a WQC has been granted by the Florida Department of Environmental Protection. The Corps has not verified the certification and would require documentation of the certification prior to authorization of any work in waters of the United States associated with this project.

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.