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: Benjamin Luongo
11885 Easter Lane
Dunkirk, Maryland 20754
AGENT: Hans Wilson
1938 Hill Avenue
Fort Myers, Florida 33901
WATERWAY AND LOCATION: The project would affect open waters of, and wetlands adjacent to, the Imperial River. The project site is located at 27495 Big Bend Road, Section 32, Township 47 South, Range 25 East, Bonita Springs, Lee County, Florida.
Directions to the site are as follows: From I-75, take exit 116 toward Bonita Springs/Gulf Beaches. Merge onto Bonita Springs Road SE. Turn right onto Imperial River Road. Turn left onto Tarpon Avenue. Turn right onto Big Bend Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.3383°
Longitude -81.8255°
PROJECT PURPOSE:
Basic: To provide single-family housing and safe water access.
Overall: To provide single-family housing and safe water access in Lee County.
EXISTING CONDITIONS: The proposed project is located on the Imperial River. There is an existing boat basin with docking structures and a boat ramp. The basin is stabilized by an existing seawall which extends along the adjacent banks for the Imperial River. Mangrove wetlands border the project parcel on the north.
PROPOSED WORK: The applicant seeks authorization to construct a new 10-unit single-family housing development and a new 10-slip marina. The proposed work would consist of the discharge of fill material into 4,128 square feet (0.09 acre) of wetlands as well as the discharge of fill material into 3,260 square feet (0.07 acre) of open waters to facilitate the construction of the residential development and attendant features. The proposed work would also include a new 74-inear-foot seawall, a 1,350-square-foot (10-foot by 135-foot total footprint) rip rap field for shoreline stabilization, and the placement of 390 square feet of 3-foot by 4-foot pallet balls. The proposed docking structures would consist of a 4-foot by 55-foot walkway leading to two 3-foot by 38-foot finger piers, and three 3-foot by 25-foot finger piers originating in the uplands, for a total of 673 square feet (0.01 acre) of overwater impact.
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 agrees to comply with the November 2017 “National
Marine Fisheries Service’s (NMFS) Recently Issued Final Programmatic Biological
Opinion (Referred to as JAXBO) for In-Water Work”; the 2011 “Standard Manatee and
Marine Turtle Construction Conditions for In-Water Construction”; “Smalltooth Sawfish
Construction Conditions of March 2006” and “Construction Guidelines in Florida for
Minor Piling-Supported Structures constructed in or over Submerged Aquatic
Vegetation (SAV), Marsh or Mangrove Habitat U.S. Army Corps of Engineers/National
Marine Fisheries Service of November 2017”. All applicable work condition information
for protected species will be provided to the selected contractor(s).”
“The Contractor will utilize best management practices during all phases of construction to prevent the spread of turbidity into the waters of the state. Turbidity control measures
will be maintained until all construction is complete. Weighted turbidity curtains will be installed around all stages of construction and will be relocated as the work progresses around the basin. Turbidity curtains will be maintained until all construction is complete and all turbidity has subsided to acceptable levels. All turbidity controls shall be visually monitored, inspected daily, and any repairs made immediately prior to construction continuing. Turbidity levels must not exceed 0 NTU’s above background.”
COMPENSATORY MITIGATION – The applicant has provided the following mitigation statement:
“In the northeast corner the applicant proposes a (855 sf/0.02 ac) mangrove preserve along the existing road. A ditch along the roadway would be filled in exchange, the area is 867 sf/0.02 ac.”
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 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, or proposed or final designated critical habitat may occur within the boundary of the proposed project.
The Corps has preliminarily determined the proposed project may affect, but is not likely to adversely affect, the Green sea turtle (Chelonia mydas), Loggerhead sea turtle (Caretta caretta), Kemp’s Ridley sea turtle (Lepidochelys kempii), and the smalltooth sawfish (Pristis pectinata). The Corps will request initiation of consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has also determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the state of Florida effect Determination key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: A > B > C > D > G > H> I > J > K > N > O >P5 > May affect, not likely to adversely affect. This determination is partially based on the applicant following the standard manatee construction precautions for the proposed project. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.
The Corps has also determined the proposed project may affect but is not likely to adversely affect the wood stork (Mycteria americana). Since the proposal by the applicant is for construction within suitable habitat for the wood stork, potential impacts to the species were evaluated using The South Florida Programmatic Concurrence and Key for the Wood Stork (Wood Stork Key), dated May 18, 2010. Use of the Wood Stork Key resulted in the following sequential determination: A > B > May affect, not likely to adversely affect, due to the proposed impacts to suitable foraging habitat being less than one-half acre. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Wood Stork Key.
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. Currently, the Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.
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 (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 essential fish habitat due to increased recreational boating pressures. Our initial determination is that the proposed action would not have an adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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 marina is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project (the Imperial River).
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 via email to kristopher.d.maedke-russell@usace.army.mil or in writing to Kristopher Maedke-Russell at the South Atlantic Division Technical Regional Execution Center, 100 West Oglethorpe Avenue, Savannah, Georgia 31401, 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.
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 may be required from the Florida Department of Environmental Protection, pursuant to Section 401 of the Clean Water Act, because the activity involves the discharge of fill material into waters of United States
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.