SAJ-2022-01346 (SP-MAO)

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

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with Pine Island Sound.  The project site is located at 11420 Pejuan Shores in Section 29, Township 44 South, Range 21 East, Cayo Costa, Lee County, Florida 33924.

Directions to the site are as follows:  The project site is located on Cayo Costa, a barrier island accessible only by boat. From the Pine Island Marina in Pineland, cross Pine Island Sound approximately 6.1 miles through navigable channels to the southern end of Cayo Costa. The project site is located approximately 0.15 miles from the northern end of a spit of land known as Pejuan Point.

PROJECT PURPOSE:  Basic:  The basic project purpose is a residential development.

Overall:  The overall project purpose is for the construction of a single-family residence on a barrier island in northwest Lee County.

EXISTING CONDITIONS:  The wetland system consists of a freshwater coastal scrub wetland system. The onsite vegetation consists of sea ox-eye daisy (Borrichia frutescens), buttonwood (Conocarpus erectus), and sea grape (Coccoloba uvifera).  The existing area surrounding the project area consists of scattered residential, single-family homes and a largely unpopulated barrier island. The west of the Pejuan Point is a small bay and the east side is Pine Island Sound. The project site is an undeveloped residential property with an existing dock.

PROPOSED WORK:  The applicant seeks authorization to discharge approximately 2,259 cubic yards of fill over 0.28 acres of wetlands for the construction of a single-family residence and supporting structures.

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 applicant cannot reduce impacts further due to the necessary stormwater, septic, and maintenance facilities. Native vegetation will be preserved to the maximum extent practicable in order to maintain the island character.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant proposes to purchase 0.281 credits from an approved and appropriate mitigation bank.

CULTURAL RESOURCES:  The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the location on a highly dynamic barrier island, specifically on a thin spit of land, the likelihood of historic properties present or undisturbed in this area is very low, therefore the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.

ENDANGERED SPECIES:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus), smalltooth sawfish (Prisits pectinata), giant manta ray (Mobula birostris), green sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta), Kemp’s Ridley sea turtle (Lepidochelys kempii), and Florida bonneted bat (Eumops floridanus).  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.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Pine Island Sound.  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 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 Fort Myers Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207 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 Ornella II, in writing at the Fort Myers Permits Section, 701 San Marco Boulevard, Jacksonville, FL 32207; by electronic mail at Michael.Ornella@usace.army.mil; or, by telephone at (904)232-1498. 

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: Water Quality Certification is required and has been granted from the Florida Department of Environmental Protection under permit number 0420235-004 EI.

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.