Parklands Collier Permit Veto Letter
Mr. James Palmer
U.S. Environmental Protection Agency
Sam Nunn Atlanta Federal Center
61 Forsyth St., SW
Atlanta GA 30303-3104
RE: Parklands Collier Permit Veto
Dear Mr. Palmer:
We are writing to urge you to veto Permit Application Number 200106580 (Parklands Collier; Ronto Development Parklands) pursuant to Section 404(c) of the federal Clean Water Act because the proposed project will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas (including spawning and breeding areas) and wildlife, or recreational areas. As you are aware, the applicant proposes to impact 206.64 acres of wetlands through excavation and discharge of fill material as part of construction of a residential/golf course development.
We believe that the Corps must deny this project because it does not comply with the Section 404(b)(1) guidelines. However, we also believe that the project would result in unacceptable adverse effects to shellfish beds, fishery areas and wildlife and that the EPA should commence a veto pursuant to Section 404(c). Our specific concerns are set forth below:
proposed project does not comply with the Section 404(b)(1) guidelines
1. A practicable alternative
to the proposed project is available.
Because this is a non-water-dependent project, the Guidelines
require the presumption that alternatives to impacting wetlands are
available. The applicant has not performed an adequate analysis of the
alternatives to impacting wetlands.
In order to comply with these guidelines, the applicant must
pursue practicable alternatives to combining a golf course and
residential development on the same site.
2. The proposed storm water discharge associated with this project may contribute additional contaminants to the impaired Cocohatchee River. The resulting increase in nutrient discharges may redirect, delay, or stop the reproductive and feeding movements of some species of fish and crustaceans. Furthermore, we are concerned that waste materials from upstream land uses may become more damaging to the environment as a result of cumulative effects with this project.
3. This project will impact 206.64 acres of wetlands within a watershed that has been identified as having declining water quality due to Section 404 permits by the Environmental Impact Statement on Improving the Regulatory Process in Southwest Florida, Lee and Collier Counties. The wetlands at this site are primarily cypress and cypress-pine wetlands, which provide important biological and hydrological functions that include filtering and cleaning surface water runoff, storing flood waters during the rainy season, providing refuges for wildlife during the dry season and harboring emerging fish and macro-invertebrate populations. Additionally, these wetlands are suitable habitat for many federally listed species including the wood stork, Florida panther, red cockaded woodpecker, and eastern indigo snake. They are critical to maintaining the hydrology of watersheds, functioning as natural reservoirs and groundwater recharge areas.
4. The applicant has not demonstrated that the quality of the proposed mitigation areas is sufficient to compensate for the destruction of 206.64 acres of important wetlands.
5. Since water shortages in these counties have been prevalent in the recent past due to drought and increasing loss of wetlands from development, these wetlands are critical for protecting short and long-term water resource needs.
6. The development of this site in concert with five proposed adjacent developments will significantly impede historic sheet flow by constricting a two-mile wide natural flow-way into a 100-foot wide conveyance ditch.
7. Due to the impaired condition of receiving waters in this watershed and the significant increase in pollutant loading associated with the proposed land use changes, this project will cause or contribute to the significant degradation of waters of the U.S.
We believe that less environmentally damaging alternatives to the proposed project are available. We also believe that the project would likely violate applicable State water quality standards, and would cause or contribute to significant degradation of waters of the U.S. Finally, the proposed mitigation is inadequate to compensate for the lost functions and values of the wetlands filled and excavated. For these reasons, we believe that the Corps must deny the Section 404 permit.
proposed project would result in unacceptable adverse impacts to fishery
areas (including spawning and breeding areas) and wildlife:
a) As stated above, the proposed storm water discharge associated with this project would contribute additional contaminants to the Cocohatchee River. The resulting increase in nutrient discharges would likely redirect, delay, or stop the reproductive and feeding movements of some species of fish and crustaceans. The wetlands at this site also harbor emerging fish and macro-invertebrate populations necessary to the survival of these fish populations. Therefore, the project would result in an unacceptable adverse impact to fishery areas.
b) This project will impact 206.64 acres of wetlands that provide suitable habitat for many federally listed species including the wood stork, Florida panther, red cockaded woodpecker, and eastern indigo snake. Therefore, the proposed project would result in unacceptable adverse effects to wildlife.
In conclusion, we believe that the proposed project violates the Section 404(b)(1) guidelines, and therefore a Section 404 permit cannot issue. Moreover, we believe that the proposed project would result in unacceptable adverse effects to fishery areas and wildlife, and therefore EPA should prohibit the use of this area as a disposal site pursuant to Section 404(c).
Public Employees for Environmental Responsibility (PEER)
Cc. Col. Robert Carpenter, Jacksonville District, U.S. Army Corps of Engineers
John Meagher, Wetlands Division Director, U.S. Environmental Protection Agency