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.

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SAJ-2000-01893-(SP-RMT)

Published April 11, 2017
Expiration date: 5/2/2017
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).

APPLICANT: D.R. Horton Homes
                      c/o J. Wayne Everett
                      10541 Ben C. Pratt-Six Mile Cypress Parkway
                      Fort Myers, Florida 33966

WATERWAY AND LOCATION: The project site is located at the northeast corner of the intersection of East Terry Street and Imperial Boulevard within Section 25, Township 47 South, Range 25 East, Bonita Springs, Florida. The project would affect waters of the United States associated with Imperial River Watershed (12-HUC # 030902040105) that drains to Estero Bay which is confluent with the Gulf of Mexico.

Directions to the site are as follows: From I-75 take exit 116 and head west on Bonita Beach Road/CR-865 and turn right AND head north on Imperial Parkway to its intersection with East Terry Street. The parcel is at the NE corner of that intersection.

APPROXIMATE CENTRAL COORDINATES: Latitude 26.34689°
                                                                         Longitude -87.76185°

PROJECT PURPOSE:

Basic: Housing

Overall: Construct a residential community containing 44 single family lots with an access road, driveways, a surface water management system and other associated infrastructure in southeast Lee County, Florida.

EXISTING CONDITIONS: The approximate 12.05 acre project site contains approximately 11.41 acres of pine flatwood uplands invaded by exotics (76-90%), approximately 0.29 acre of wetland hardwoods comprised mostly of exotic vegetation, and approximately 0.35 acre of cypress-pine wetlands invaded by exotics (51-75%). The site is bordered by East Terry Street to the South, Imperial Parkway to the west, existing developments to the east and north and undeveloped land to the northeast.

PROPOSED WORK: The applicant seeks authorization to clear, grade and fill approximately 0.60 acre of wetlands. The project would discharge 3,049 cubic yards of fill into 0.60 acre of wetlands to construct a 44 lot single family residential community and associated infrastructure.

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 parcel has a minimum acreage of wetlands (0.64 acre) which are infested with exotic vegetation and provide diminished wetland function and values to the watershed. The parcel abuts two roads; one on its southern border and another along its western border. Existing developments border the site to the north and to the east.

COMPENSATORY MITIGATION – No mitigation has been proposed.

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 project site is located in an area where the eastern indigo snake (Drymarchon corais couperi), an ESA listed species, may occur. Use of the Indigo Snake Programmatic Concurrence Key, as amended August 2013, resulted in the following A., B., C., D., E., The permit instrument would have the Standard Protective Measures for Eastern Indigo Snake and would incorporate the following language: all gopher tortoise burrows, active or inactive, will be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of the proposed work area. Therefore, the Corps determined the proposed project “may affect, but is not likely to adversely affect” (MANLAA) the indigo snake. In accordance with the key the requirements, no further consultation with the U.S. Fish and Wildlife Service (FWS) is required for the indigo snake.

The project site is located within a FWS designated consultation area for the red-cockaded woodpecker [RCW (Piciodes borealis)] an ESA listed species. Although heavily infested with melaleuca the project site’s forested areas contain some slash pine and bald cypress where RCWs may occur. The corps preliminary determination is that the proposal MANLAA the RCW. The Corps will request FWS concurrence with this determination via a separate letter.

The project site is within a FWS designated consultation area for the Florida scrub jay (Aphelocoma coerulescens) an ESA listed species. The Florida scrub jay lives only in scrub and scrubby flatwoods habitats found on nearly pure, excessively well-drained sandy soils. Scrub jay habitat is dominated by a layer of evergreen oaks [myrtle oak (Quercus myrtifolia) and/or Archbold oak (Q. inopina), sand live oak (Q. geminata), Chapman oak (Q. chapmanii), and runner oak (Q. minima)], rusty lyonia (Lyonia ferruginea), and Florida rosemary (Ceratiola ericoides). Ground cover is sparse, dominated by saw palmetto (Serenoa repens) and sand palmetto (Sabal etonia). (http://www.fws.gov/northflorida//Species-Accounts/Fla-Scrub-Jay-2005.htm 10/22/2015). The Corps preliminary determination is that the proposal “may affect, but is not likely to adversely affect” (MANLAA) the scrub jay. The Corps will requests concurrence from the FWS for this determination, via a separate letter.

The project site is located within designated Core Foraging Areas for the wood stork (Mycteria americana). In accordance with the Wood Stork Effect Determination Key, May 2010, the proposal key’s as follows: A., B., C., E., the project would impact 0.60 acre of wetlands and no mitigation has been proposed; therefore, the Corps has determined that the proposed project “may affect” the wood stork. The Corps will request initiation of formal consultation (for this species) with the FWS pursuant to Section 7 of ESA via a separate letter.

The project site is within a FWS designated Focal Area for the Florida bonneted bat [FBB (Eumops floridanus)]. Use of the FBB Effects Determination Key resulted in 1, 2 (c) the project site is greater than 5 acres and contains more than 1 acre of forested habitat; therefore, the proposed project “may affect” the FBB. The Corps will request initiation of formal consultation (for this species) with the FWS pursuant to Section 7 of ESA via a 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 not 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 South Florida Water Management District.

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 PN.

The decision of 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 submitted in writing to the project manager, Robert Tewis, by mail to the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida 33919; or via email at robert.m.tewis@usace.army.mil; or faxed to (239)-334-0797. Phone number is (239)-334-1975 X-0012.

IMPACT ON NATURAL RESOURCES: Coordination with FWS, Environmental Protection Agency (EPA), the National Marine Fisheries Services (NMFS), 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.