Public Notice Notifications

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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.

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SAJ-2006-00243-(MOD-BEM)

Published March 15, 2017
Expiration date: 4/5/2017
TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application to modify a Department of the Army permit previously issued pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT: Six Mile Cypress Friends Trust
                      5296 Fiddlesticks Boulevard
                      Fort Myers, FL 33912

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Hendry Creek-Cow Creek Frontal Watershed (HUC 030902040102). The project site is located at 12700 Six Mile Cypress Parkway, Section 17, Township 45 South, Range 25 East, Fort Myers, Lee County, Florida.

Directions to the site are as follows: From I-75 exit west and turn right onto Ben C. Pratt/Six Mile Cypress Parkway. The project site is located on an undeveloped parcel on the west side of the road between Brookshire Lake Boulevard and Bergamo Way.

APPROXIMATE CENTRAL COORDINATES: Latitude 26.55676º
                                                                         Longitude -81.8351º

PROJECT PURPOSE:

Basic: Extension of construction window

Overall: Extending the construction window two (2) years for a project involving the construction of a medical office complex with access roads, utilities, and stormwater drainage system in Central unincorporated Lee County.

EXISTING CONDITIONS: The wetland system consists of 8.24 acres of forested freshwater wetlands and 0.01 acres of uplands. The wetland communities consist of 2.53 acres of wetland hardwood forest (FLUCCS 610), 1.06 acres of wetland hardwood forests/exotic wetland hardwoods (FLUCCS 619/610), 0.37 acres of hydric pine/exotic wetland hardwoods (FLUCCS 414(H)/619) and 4.29 acres of exotic wetland hardwoods (FLUCCS 619). The upland communities consist of 0.01 acres of pine flatwoods (FLUCCS 411). The existing area surrounding the project area consists of residential developments to the north, west and south and Six Mile Cypress Parkway to the east.

PROJECT HISTORY: A standard permit was issued on December 18, 2007 for the filling of 4.74 acres of jurisdictional wetlands to construct a medical office. The permit required a conservation easement preserving 3.51 acres of on-site wetlands and the purchase of 0.89 forested freshwater wetland credits form the Big Cypress Mitigation Bank. A modification to the permit was issued on April 22, 2011 which authorized the relocation of a driveway resulting in additional 0.11 acres of wetland impact and a reduction in the conservation area from 3.51 to 3.37 acres. The applicant proposed to offset these impacts through the purchase of 0.46 forested freshwater wetland credits from the Big Cypress Mitigation Bank. Additionally the modification allowed for a 5 year time extension and therefore the permit expired on April 22, 2016. However, the applicant requested an additional permit extension via letter dated March 10, 2016, which is the subject of the current application. To date, no work and no on-site mitigation has been initiated; however, mitigation credits have been purchased.

PROPOSED WORK: The applicant seeks authorization to fill 4.88 acres of forested freshwater wetlands for the construction of a medical office complex with access roads, utilities, and stormwater drainage system. The remaining 3.37 acres of wetlands will remain and be held under a conservation easement in perpetuity. Additionally the applicant is requesting an additional 2 year extension of the permit.

AVOIDANCE AND MINIMIZATION INFORMATION – The subject application involves a 2 year time extension; no avoidance and minimization statement is required.

COMPENSATORY MITIGATION – The previously authorized mitigation plan is still proposed, which includes mitigation bank credit purchase and on-site mitigation.

On-site mitigation totals 3.37 acres and consists of 1.65 acres of hardwood mitigation (0.08 acres of 619/610 and 1.57 acres of 610), 1.53 acres of sand cordgrass mitigation (6421) and 0.19 acres of pine-Mesic Oak mitigation (414). These mitigation areas will be protected by a conservation easement to be maintained in perpetuity. Additionally, 0.94 freshwater mitigation credits was previously purchased from Big Cypress Mitigation Bank as per the original permit and subsequent modification.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES:

The Corps previously determined the project may affect, but is not likely to adversely affect the wood stork (Mycteria americana) and the Eastern indigo snake (Drymarchon corais couperi). The U.S Fish and Wildlife Service (Service) previously concurred with these determinations and no further consultation is required for these species as site conditions have not changed. The project is located in the consultation area for the Florida bonneted bat (Eumops floridanus, FBB). At the time of the previous consultation the FBB was not a listed species. The Corps has determined the project may affect, not likely adversely affect, the FBB and will initiate consultation with the Service by separate letter.

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 Boulevard Suite 310, Fort Myers, Florida 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, Bri McGuffie, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida 33919; by electronic mail at Brianne.McGuffie@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 x0006.

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.