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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2003-00526 (SP-RWR)

Posted: 1/23/2017

Expiration date: 2/13/2017


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:

APPLICANTS: Lodge/Abbott Investment Associates, LLC
                        and Lodge/Abbott Associates, LLC
                        3400 East Lafayette Street
                        Detroit, MI 48207

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the West Cocohatchee River Water Shed (HUC # 030902040208) within Cocohatchee Bay / Wiggins Pass. The project site is located in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Naples, Collier County, Florida.

Directions to the site are as follows: 1-75, exit 111 Immokalee Road, west to Vanderbilt Drive, then north just past Wiggins Pass Road. Property is located one-quarter mile north of the Vanderbilt Drive and Wiggins Pass Road intersection on the west side of Vanderbilt Drive.

APPROXIMATE CENTRAL COORDINATES: Latitude 26.29829º
                                                                         Longitude -81.81623º

PROJECT PURPOSE:

Basic: Re-authorization of a previously authorized residential development, golf course, and marina.

Overall: Re-authorization of previously permitted and partially-constructed residential development, golf course, and marina in northwest Collier County, Florida.

PROJECT HISTORY:

SAJ-2003-00526: A Department of the Army (DA) authorization was issued on September 15, 2004 for the discharge of 11,320 cubic yards (cy) of fill material into 2.34 acres of wetlands and the excavation of 7,160 cy of material from 0.37 ac of wetlands in order to construct a residential and marina development. This authorization also included an observation platform, gazebo, access boardwalks, and a 35-slip marina on the Cocohatchee River. This authorization's expiration date was September 15, 2009. Subsequent modifications to extend the permit expiration date have been issued on September 28, 2009, November 26, 2012, and July 31, 2015. The most current modification extended the permit expiration date to July 31, 2017. The project is under construction and the permittee is requesting a modification to allow impacts in one of the preserve areas while eliminating impacts in one of the previously authorized impact areas.

SAJ-2000-02857: The Corps issued this permit on May 8, 2002 which authorized a
discharge of fill into 45.9 acres of wetlands in order to construct a golf course and
associated facilities. This authorization's expiration date was May 8, 2009. Subsequent modifications to extend the permit expiration date have been issued on April 12, 2007, November 26, 2012. The most current modification extended the permit expiration date to December 11, 2014. The project initially commenced on the golf course in 2003 but was subsequently halted in 2004. The Corps verified that although there was a small area cleared in order to establish the location of the center fairway line, there has been no discharge of fill into waters of the United States.

EXISTING CONDITIONS: The wetland system consists of a 337.4 acre freshwater system. The onsite vegetation consists of Pine Flatwoods, Scrubby Flatwoods, Live Oak, Cypress, and Cabbage Palm. The existing area surrounding the project area consists of residential developments to the North and East, a high rise development with marina to the South, and a conservation easement to the West. The existing site conditions on the West side of Vanderbilt Drive comprise of existing high rise development under construction with associated roadways, parking and surface water management areas. On the East side of Vanderbilt Drive the site is composed of disturbed upland/wetlands.

PROPOSED WORK: The applicant seeks authorization to impact a 1.73 acre conservation area containing approximately 1.28 acres of marsh wetland and 0.45 acre pine flatwood upland that was previously depicted as preserve lands in the original authorization on the West side of Vanderbilt Drive. On the East side of Vanderbilt Drive the Applicant requests a reauthorization to construct a golf course by impacting approximately 50 acres of freshwater wetlands previously authorized for impact. The amend golf course design would preserve, enhance and restore an additional 2.4 acres of wetland and 2.9 acres up upland that were authorized to be impacted.

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 amended site plan as presented decreases the overall amount of wetlands being impacted and increases the overall amount of wetland and upland preserve. The proposed modification also preserves the wetlands proposed adjacent to other off-site preserve and not isolated within the proposed development as is the wetland area proposed to be impacted.

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 wetland mitigation credits from the Panther Island Mitigation bank. All remaining wetlands on the project site will be placed under conservation easements with third party enforcement rights granted to the Corps.

CULTURAL RESOURCES:

The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES:

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida bonneted bat (Eumops floridanus), smalltooth sawfish (Pristis pectinata), West Indian manatee (Trichechus manatus), and the wood stork (Mycteria americana) or their designated critical habitat.

Eastern indigo snake: The Corps has made the determination of not likely to adversely affect for the eastern indigo snake and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Eastern Indigo Snake Programmatic Effect Determination Key, January 2010 (Indigo Snake Key). Use of the Eastern Indigo Key resulted in the following sequential determination: A-B-C-D-E-NLAA. This determination is based on the applicant following Standard Protection Measures for the Eastern Indigo Snake, February 2004.

Florida bonneted bat: The Corps has determined the proposed project “may affect” the Florida bonneted bat (Eumops floridanus). This determination is based off the Draft Bonneted Bat key which resulted in the following sequential determination: 1-2-C-May Affect. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

Manatee: The Corps has made the determination of “may affect, but is not likely to adversely affect” (MANLAA) for the West Indian manatee and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A-B-C-G-H-I-J-K-N-O-P1-MANLAA. This determination is based on the applicant following the Standard Manatee Conditions of In-Water Work, 2011 for the proposed activity. Under the original authorization of the Marina USFWS issued a biological Opinion with a determination of not likely to jeopardize the continued existence of the manatee.

Sea Turtle and Smalltooth Sawfish: The Corps has made the determination of “may affect, but is not likely to adversely affect” (MANLAA) for Sea Turtles and Smalltooth Sawfish and their designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

Wood Stork: The Corps has made the determination of “may affect, but is not likely to adversely affect” (MANLAA) for the wood stork and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in South Florida, January 2010 (Wood Stork Key). Use of the Wood Stork Key resulted in the following sequential determination: A-B-C-E-NLAA. The project lies within the buffer for the 619018 colony site, and does affect suitable foraging habitat (SFH). Under the original authorization, mitigation was provided to offset impacts to SFH.

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. [INCLUDE IF APPROPRIATE] The proposal would impact approximately 7,300 square feet of water column, non-vegetated substrate utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, snapper/grouper complex, and calico scallop. Our initial determination is that the proposed action would not have a substantial 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.

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 been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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, 1520 Royal Palm Square BLVD., Suite 310, Fort Myers, FL 33919 within 21 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, Russell W. Rouan, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square BLVD., Suite 310, Fort Myers, FL 33919; by electronic mail at Russell.W.Rouan@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 x0011.

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

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.

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.

Collier County Jacksonville District permit public notice U.S Army Corps of Engineers USACE