Permit Application No. SAJ-2024-03917

TO WHOM IT MAY CONCERN: The South Atlantic Division TREC (TREC), 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/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Jay Ahmad
Collier County Board of Commissioners
2885 S. Horseshoe Drive
Naples, Florida 34104

AGENT: Catie Neal
Kisinger Campo & Associates, Corp.
201 North Franklin Street
Suite 400
Tampa, Florida 33602

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Golden Gate Main Canal, which flows into Naples Bay via the Gordon River. The project/review area is located along 3.1 miles of 16th Street between Golden Gate and Randal boulevards, 7.1 miles east of Golden Gate Boulevard’s intersection with FL 951 (39th Street NW) in 36 Section, 048S Township, 027E Range; at Latitude 26.253990 and Longitude -81.574516; in Naples, Collier County, Florida.

PROJECT PURPOSE:

Basic: The basic project purpose is to improve traffic along 16th Street NE in Naples, Collier County, Florida.

Overall: The overall project purpose of this project is to provide operational and safety improvements by the addition of a bridge crossing and roadway enhancements, including a sidewalk to provide enhancements, and to construct roadway connectivity to 10th and 20th streets for improved emergency response times, operations and safety, and service to the community along the corridor.

All Requests for Additional Information (RAIs) for the State 404 (S404) permit application to FDEP were addressed and all coordination with FDEP was completed, Collier County was awaiting permit issuance when the State 404 Program was disbanded. Most Section 404 obligations have been completed, including the purchase of all required mitigation for both waters and potential protected species impacts, historic reviews, and issuance of the State’s Section 401 Individual Certification. Discussions below identify the proposed project and provide the status of each review.

PROPOSED WORK:
The applicant requests authorization to construct roadway improvements along a 3.3-mile segment of 16th Street NE. The southern 1.3 miles, extending from Golden Gate Boulevard north to 10th Avenue NE, would include adding additional lane width and shoulders on both sides of the centerline. The northern two miles, between 10th Avenue NE and Randall Boulevard would extend road lane width and shoulders via expansion of the corridor along its west.

This work would require permanent fill impacts to 1.97 acres of wetland, and 0.38 acre of ditch and canal. As detailed in the attached exhibits, (Wetland Impact Exhibits attached), these losses would comprise:
∙ Eleven wetland impacts ranging in area from 0.01 to 0.7 acre,
∙ Eight ditch / canal impacts ranging from 0.01 to 0.26 acre, and
∙ Eleven secondary impacts ranging from 0.03 to 1.04 acres.
All impacts listed above would occur in the southern half of the project between 14th Avenue NE and Golden Gate Boulevard.

An additional 2.29 acres of secondary impact are requested adjacent to proposed fill impacts. Specifically, for the SFWMD, if a 25-foot upland buffer between wetland impacts and additional wetland areas is not feasible, guidance requires a secondary impact assessment of remaining wetland areas of at least 0-25 feet beyond that of permanent impacts. There will be 2.29 acres of secondary wetland impacts from construction of the project.

EXISTING CONDITIONS: Existing conditions along the 46.38-acre project area along 16th Street NE include moderately developed rural/residential neighborhoods. Sixty-one percent of the project area is transportation (road and driveways). Areas adjacent to transportation land cover include 77 percent residential, four percent Golf Course, and 19 percent Pine Flatwoods.

Dominant soils in the project area include Cypress Lake, Chobee, Holopaw, Oldsmar, and Riviera mapping units. Of these soil types, only Oldsmar (17.2 percent of project area) is not documented as a hydric soil.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following statements in support of efforts to avoid and/or minimize impacts to the aquatic environment: Due to engineering constraints, unavoidable permanent impacts to wetlands and surface waters will result from the placement of fill material for the roadway improvements and bridge construction. Water quality impacts from construction will be avoided and minimized through the use of best management practices (BMPs) including, but not limited to, construction phasing, sediment and turbidity barriers, and silt fences. All work would be performed in compliance with the approved Stormwater Pollution Prevention Plan (SPPP).

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The project has been designed to avoid and minimize wetland and surface water impacts where practicable based on the natural, physical, social, and right-of-way information. A Uniform Mitigation Assessment Method (UMAM) analysis was performed for each of the wetlands within the project impact area. Surface waters within the project area consist of upland cut ditches and the Golden Gate Main Canal. Upland cut ditches are part of the existing stormwater management system and are not wetlands; therefore, compensatory mitigation is not proposed for those impacts, and they will be replaced in kind. Based on the anticipated 1.97 acres of unavoidable direct wetland impacts and 2.29 acres of secondary impacts, the project will result in a loss of approximately 1.18 FL units. To offset wetland impacts, Collier County has purchased 1.20 freshwater forested and herbaceous credits from Panther Island Mitigation Bank.

Mitigation is not proposed for surface waters that consist of man-made drainage ditches and the Golden Gate Canal. Roadside ditches and swales will be constructed as part of the proposed project. As a result, there will be no net loss of roadside ditches, or of the functions they provide. Additionally, the Golden Gate Main Canal is devoid of vegetation at the project location. Impacts at this area consist of dredging and shading, which will not impact the existing functional value of the canal.

CULTURAL RESOURCES: Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

No resources listed in or eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work. A Cultural Resource Assessment Survey (CRAS) Report was completed for the proposed project as part of the Golden Gate Estates PD&E Study in December 2014. According to the CRAS Report, no historic or archaeological resources have been recorded proximate to the project area and none were discovered during field review. The CRAS Report was submitted to the State Historic Preservation Officer (SHPO) on January 8, 2015. The SHPO provided concurrence on March 25, 2015.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Southeast Regional Office Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur within the boundary of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed in the table below. No other ESA-listed species or critical habitat will be affected by the proposed action.

The project area was evaluated for the occurrence of Critical Habitat as defined by the Endangered Species Act of 1973 as amended, and 50 CFR Part 424. No designated critical habitat for any federal listed species occurs within the project area. Based on this information, the project will not result in the destruction or adverse modification of critical habitat.

The Project Development & Environment (PD&E) study entitled “Golden Gate Estates Bridge Crossings” was completed for this site in September 2016. The PD&E study encompassed 3 segments of roadway in Collier County: 8th Street NE, 16th Street NE, and 47th Avenue NE. The proposed project is focused only on the 16th Street NE segment analyzed in the PD&E study; however, the PD&E Study provided a Biological
Assessment (BA) to the USFWS for all 3 combined projects. Technical assistance with the USFWS was initiated during design in January 2024. USFWS further confirmed the results and concurrence of the 2016 BO.

Table: ESA-listed species and/or critical habitat potentially present in the action area.
 

Candidate species Monarch butterfly (Danaus plexippus), and Similarity of Appearance listed American alligator (Alligator mississippiensis) and Puma (all Felis spp. except P. Coryi), were considered but are not protected under the Endangered Species Act and are not addressed further below.

The applicant also included consideration for non-federally listed species considered species of concern by the State of Florida and/or Florida Department of Agriculture and Consumer Services (FDACS). These include nine plants (golden leather fern, pinewoods bluestem, many-flowered grass pink, pepperbush, Sanibel lovegrass, Small’s flax, lowland loosestrife, hoop vine, and redmargin zephyrlily), one reptile (gopher tortoise), five birds (Florida burrowing owl, little blue heron, reddish egret, tricolored heron, and roseate spoonbill), and two mammals (Everglades mink, and big cypress fox squirrel). None are afforded federal protection, but each was considered voluntarily. The applicant’s findings are contained in the administrative record for this project.

Bald eagle (Haliaeetus leucocephalus)
The bald eagle is a large raptor with a distinctive white head and yellow bill. This species was de-listed by the USFWS in 2008. However, it remains federally protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668a-668c) in accordance with 16 United States Code (U.S.C.) 668 and the Migratory Bird Treaty Act (16 U.S.C. 703-711). The bald eagle tends to utilize riparian habitat associated with coastal areas, lake shorelines, and riverbanks. Nests are generally located near water bodies that provide a dependable food source. Nests within Florida are closely monitored by the FWC, and the FWC Center for Biostatics and Modeling maintains a website of known bald eagle nest locations. This database was relinquished to the Audubon’s Eagle Watch program in 2019. According to their database, no eagle nests are located within one mile of the project area and no bald eagle nests were observed within 660 feet of the project area during field reviews. If a nest is observed within 660 feet of the project area, Collier County will coordinate with the USFWS to secure all necessary approvals prior to construction of the project.

Green sea turtle (Chelonia mydas)
The green sea turtle is the largest hard-shelled sea turtle, measuring up to four feet in length and weighing up to 35-pounds. They are herbivores and feed on seagrasses and algae. Breeding begins in late spring and around 110 eggs are buried in beach sand near the parent’s hatching location. No suitable habitat for green sea turtles occurs within or near the project area, and no impact to this species would result. The Corps has determined that the project as proposed would have ‘no effect’ on green sea turtles.
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Army Corps of Engineers is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Army Corps of Engineers.

Florida Prairie-Clover (Dalea carthagenensis floridana)
The Florida prairie-clover is listed as endangered by the USFWS. It is found in pine rocklands, edges of rockland hammocks, coastal uplands, and marl prairie. Suitable habitat for this species does not exist within the project area. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrence, it has been determined that the project will have “no effect” on the Florida prairie-clover.

Florida Leafwing Butterfly (Anaea troglodyta floridalis)
The Florida leafwing butterfly is listed as endangered by the USFWS. It is found in pine rocklands on Long Pine Key in Everglades National Park. Suitable habitat for this species does not exist within the project area. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrences, it has been determined that the project will have “no effect” on the Florida leafwing butterfly.

Miami Blue Butterfly (Cyclargus thomasi bethunebakeri)
The Miami blue butterfly is listed as endangered by the USFWS. It is found in tropical hardwood hammocks, tropical pine rocklands, and beachside scrub. Suitable habitat for this species does not exist within the project area. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrences, it has been determined that the project will have “no effect” on the Miami blue butterfly.

Bartram’s Hairstreak Butterfly (Strymon acis bartrami)
The Bartram’s hairstreak butterfly is listed as endangered by the USFWS. It is found in pine rockland habitat with pineland croton. Suitable habitat for this species does not exist within the project area. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrences, it has been determined that the project will have “no effect” on the Bartram’s hairstreak butterfly.

Gulf Sturgeon (Acipenser oxyrinchus desotoi)
The Gulf sturgeon is listed as threatened by the USFWS. It is found primarily in saltwater but travels upstream in freshwater rivers to spawn. It inhabits coastal rivers from Louisiana to Florida during warmer months and over-winters in estuaries, bays, and the Gulf of Mexico. Within Florida, the highest densities of Gulf sturgeon are from the Suwannee River northward, and the species is relatively rare south of Tampa Bay. Suitable habitat for this species does not exist within the project area. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrences, it has been determined that the project will have “no effect” on the Gulf sturgeon.

American crocodile (Crocodylus acutus)
The American crocodile is listed as threatened by the USFWS. It is found in brackish or saltwater areas including ponds, coves, creeks, and mangrove swamps, as well as canal systems. There is suitable habitat for this species within the project area within the Golden Gate Main Canal system. However, this species was not observed during field review and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered low. Although impacts to the Golden Gate Main Canal are proposed, the canal will be widened during construction and suitable habitat for this species will remain after construction. Based on this information, it has been determined that the project will have “no effect” on the American crocodile.

Eastern Indigo Snake (Drymarchon couperi)
The eastern indigo snake is listed as threatened by the USFWS. It is found in a variety of habitats, including pine and scrubby flatwoods, dry prairie, tropical hardwood hammocks, and coastal dunes. It may also utilize gopher tortoise burrows for shelter to escape hot or cold ambient temperatures. Suitable habitat for this species exists within the project area. However, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered low. To minimize potential adverse impact to the eastern indigo snake, Collier County will implement the USFWS-approved Standard Protection Measures for the Eastern Indigo Snake (updated 2024) during construction. Additionally, because gopher tortoise burrows were observed during field reviews, all gopher tortoise burrows will be excavated prior to site manipulation in the vicinity of a burrow; if an eastern indigo snake is encountered, the snake must be allowed to cavate the area prior to additional site manipulation in the vicinity. Additionally, potential refugia will be inspected each morning before planned site manipulation in the area. The path followed in the eastern indigo snake determination of effect key was A>B>C>D>E>NLAA. Based on the determination of effect key, it has been determined that the project “may affect, not likely to adversely affect” the eastern indigo snake.

Florida Scrub-jay (Aphelocoma coerulescens)
The Florida scrub-jay is listed as threatened by the USFWS. It is found in sand pine and xeric oak scrub and scrubby flatwoods. A portion of the project area falls within the USFWS Florida scrub-jay Consultation Area. Suitable habitat for this species does not exist within the project area. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrences, it has been determined that the project will have “no effect” on the Florida scrub-jay.

Audubon’s Crested Caracara (Caracara cheriway)
The Audubon’s crested caracara is listed as threatened by the USFWS. It is found in open country, including dry prairie and pastureland with cabbage palm, live oak hammocks, and shallow palms and sloughs. The project area falls entirely within the USFWS Audubon’s crested caracara Consultation Area. Suitable habitat for this species does not exist within the project area. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrences, it has been determined that the project will have “no effect” on the Audubon’s crested caracara.

Eastern Black Rail (Laterallus jamaicensis)
The eastern black rail is listed as threatened by the USFWS. It is found in tidal marshes and grassy inland marshes. Suitable habitat for this species does not exist within the project area. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrences, it has been determined that the project will have “no effect” on the eastern black rail.

Wood Stork (Mycteria americana)
The wood stork is listed as threatened by the USFWS. It nests in mixed hardwood swamps, sloughs, mangroves, and cypress domes, and forages in a variety of wetlands including freshwater and estuarine marshes with water depths between 5 and 15 inches. Suitable habitat for this species is present within the project area within the wetland land uses. However, this species was not observed during field reviews and has not been documented within one mile of the project area. The project area falls within the 18.6-mile core foraging area (CFA) of two wood stork nesting colonies, Barron Collier and Corkscrew. As a result, the potential for occurrence for this species is considered moderate. The path followed in the Wood Stork Determination of Effect Key was A>B>C>E>NLAA (Appendix H). Based on the determination of effect key, it has been determined that the project “may affect, not likely to adversely affect” the wood stork.

Red-cockaded Woodpecker (Leuconotopicus borealis)
The red-cockaded woodpecker is listed as endangered by the USFWS. It is found in open mature pine woodlands with an open understory. The project area falls entirely within the USFWS red-cockaded woodpecker Consultation Area. Semi-suitable habitat for this species exists within the project area within the pine flatwoods. However, this species was not observed during field reviews and has not been documented within one mile of the project area. Furthermore, habitat present within the project area does not contain an open understory, it is not fire maintained and no cavities were observed during field reviews. As a result, the potential for occurrence for this species is considered none. Based on the semi-suitable habitat and the lack of documented occurrences, it has been determined that the project will have “no effect” on the red-cockaded woodpecker.

Everglade Snail Kite (Rostrhamus sociabilis plumbeus)
The Everglade snail kite is listed as endangered by the USFWS. It is found in large, open freshwater marshes and lakes with shallow water and a low density of emergent vegetation. The project area falls entirely within the USFWS Everglade snail kite Consultation Area. Suitable habitat for this species does not exist within the project area. Although the canal could be suitable habitat, no apple snails were observed during field reviews. In addition, this species was not observed during field reviews and has not been documented within one mile of the project area. As a result, the potential for occurrence for this species is considered none. Based on the lack of suitable habitat and documented occurrences, it has been determined that the project will have “no effect” on the Everglade snail kite.

Florida Bonneted Bat (Eumops floridanus)
The Florida bonneted bat (FBB) is listed as endangered by the USFWS. Precise roosting and foraging requirements are unknown; however, the species forages in open areas and is closely associated with forested communities due to their known roosting habits. They have been documented nesting in tree cavities and building crevices. The project area falls entirely within the USFWS Florida bonneted bat Consultation Area. Suitable roosting habitat for this species exists within the project area.

Florida bonneted bat acoustic surveys were conducted in April 2023 to document the presence or absence of the Florida bonneted bat within the project area. As a result of manual vetting, the FBB is assumed to be present within the project area. Of greatest interest to USFWS in searching for a roost site is the time of emergence from the roost, shortly after sunset, and returning to the same roost, before sunrise. Calls recorded within 90 minutes after sunset or 90 minutes before sunrise may suggest possible FBB roosting in an area, according to the Guidelines. USFWS defines “High FBB Activity/Use” to include any of the following: (a) multiple FBB feeding buzzes are detected; (b) FBB social calls are recorded; (c) large numbers of FBB calls (9 or more) are recorded throughout one night.

Four (4) of the potential FBB calls were recorded within 90 minutes of sunset. These calls were recorded at Detectors 2 and 4. Although these calls were recorded within 90 minutes of sunset, there was no return to roosting within 90 minutes of sunrise on either detector on any night a potential FBB call was recorded. Therefore, these calls did not indicate evidence of FBB roosting in the project area. Additionally, the acoustic survey revealed a total of 13 potential FBB calls. Review of the recorded potential calls did not reveal multiple FBB feeding buzzes or social calls. Additionally, though potential FBB calls were recorded at numerous survey locations, there was no single night where there greater than 9 calls recorded. Based on this information, it was determined that no USFWS defined High FBB Activity was documented within the project area during the survey.

The proposed project will consist of roadway widening improvements, the addition of a sidewalk, and the construction of a bridge over the Golden Gate Canal. Habitat to be impacted is predominately comprised of sporadic pine trees located within right-of-way. No signs (e.g., guano, staining, etc.) of bat roosting were observed when potential roosting habitat to be impacted was visually inspected in April and May 2023. The USFWS Florida Bonneted Bat Consultation Key (Key; USFWS 2019) was used to make an effect determination for the FBB. The path taken through the Key was 1a>2a> 3b>6a>10b>12b>MANLAA-P if best management practices (BMPs) are used and survey reports are submitted. Based on the Key, it has been determined that the project “may affect, not likely to adversely affect” the FBB.

Florida Panther (Puma concolor)
The Florida panther is listed as endangered by the USFWS. It requires extensive blocks of mostly forested communities and large wetlands that are generally inaccessible to humans and important for diurnal refuge. However, the Florida panther has also been observed traveling through other various habitats, including suburban areas. Approximately two-thirds of the project area is located within the USFWS Florida panther Consultation Area and secondary zone. Additionally, several Florida panther documented human interaction locations, telemetry points, and mortality occurrences have been documented within one mile of the project area.

A PD&E Study entitled “Golden Gate Estates Bridge Crossings” was completed for this site in September 2016. The PD&E study encompassed 3 segments of roadway in Collier County: 8th Street NE, 16th Street NE, and 47th Avenue NE. The proposed project is focused only on the 16th Street NE segment analyzed in the PD&E study; however, the PD&E Study provided a Biological Assessment (BA) to the USFWS for all 3 combined projects. The resulting Biological Opinion (BO) for the 3 combined projects required the purchase of 453 Panther Habitat Units (PHUs) to offset impacts to Florida panther habitat. The 8th Street NE project purchased 235.22 PHUs during design and permitting of that project on April 11, 2027. Therefore, a remaining 217.78 PHUs were outstanding. After coordination with USFWS, it was determined the remaining credits needed to be purchased in entirety for the design of 16th Street NE to go to construction. Collier County purchased 176.02 PHUs from the Pepper Ranch Conservation Bank on January 19, 2024, and 41.76 PHUs were associated with the wetland credit purchase order from Panther Island Mitigation Bank on June 27, 2024. USFWS concurred that all receipts for the purchase of the remaining 217.78 PHUs have been acquired on January 25, 2024.

The BO provided by USFWS during the PD&E study stated that the proposed mitigation would not jeopardize the Florida panther. With the confirmed PHU mitigation for Florida panther habitat impacts, it has been determined that the project “may affect, not likely to adversely affect” the Florida panther.

This notice serves as request to U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). No EFH has been identified at the project location. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

NAVIGATION: The proposed structure or 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.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the South Florida Water Management District (SFWMD). The 401(a)(2) Environmental Resource Permit (ERP) was issued from the SFWMD on December 1, 2023. The certification was shared with the USEPA on September 24, 2024, to conduct their neighboring jurisdiction review (as required by Clean Water Act Section 401(a)(2)). On September 26, 2024, the EPA responded via email that they will not issue a “may affect” determination for this project.

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.

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.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: 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.

The South Atlantic Division TREC will receive written comments on the proposed work, as outlined above, until PN Expiration Date. Comments should be submitted to Christopher Hopper at christopher.d.hopper@usace.army.mil . Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, South Atlantic Division TREC, Attention: Christopher Hopper, 100 West Oglethorpe St., Savannah, Georgia 31401. Please refer to the permit application number (SAJ-2023-03917) in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.