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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-2016-00676 (IP-SJF)

Posted: 10/27/2017

Expiration date: 11/17/2017


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) as described below:

APPLICANT: Kevin Daves
                      Bonita Exchange, LLC
                      9015 Strada Stell Ct, Suite 102
                      Naples, FL 34109


WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Oak Creek Watershed. The project site is located at 12025 Bonita Beach Road SE, in Section 1, Township 48 S, Range 25 E, Lee County, Bonita Springs, Florida 34135.

Directions to the site are as follows: Take I-75 to Bonita Beach Road, exit west. The approximately 25.80-acre subject parcel is located at the southwest intersection of Bonita Beach Road and Quails Nest Lane (Southwest quadrant of Interstate 75) in Bonita Springs, FL

APPROXIMATE CENTRAL COORDINATES:   Latitude: 26.32953°
                                                                           Longitude: -81.75287°

PROJECT PURPOSE:

Basic: The basic project purpose is for a residential development and commercial development.

Overall: To construct a multi-family residential and commercial development with associated parking areas, landscaping and a stormwater system in Lee County, Florida.

EXISTING CONDITIONS: The site contains a canopy dominated by slash pine and laurel oak (Quercus laurifolia) with scattered cabbage palm (Sabal palmetto) and live oak (Quercus virginiana). Scattered shrubs, such as Brazilian pepper (Schinus terebinthifolius), beauty berry (Callicarpa americana), and saw palmetto (Serenoa repens) are present. The under-story was dominated by various grasses including Bahia grass (Paspalum notatum) and St Augustine grass (Stenotaphrum secundatum). Grape vine (Vitis rotundifolia), crabs eye vine (Abrus precatorius), smilax (Smilax spp.), and Virginia creeper (Parthenocissus quinquefolia) could be found throughout this area. Two wetlands were identified on the property. These wetland communities are dominated by Carolina willow (Salix caroliniana) with scattered pop ash (Fraxinus caroliniana) and Brazilian pepper. The under-story contains musky mint, climbing hempvine (Mikania scandens), and old world climbing fern (Lygodium microphyllum). Wetland 1 is situated in the southwest corner of the property. This wetland is dominated by willow. Wetland 2 is situated along the east of property. This wetland is dominated by cypress with an under-story of Brazilian pepper. There are several borrow pits and swales that were excavated on the property. The site has been previously disturbed. These areas of the property have been previously cleared and weedy noxious vegetation has taken over. Groundcover throughout this community includes Spanish needles, ragweed, broom sedge (Andropogon virginicus), Caesar weed, Bahia grass, sensitive plant (Mimosa pudica), spotted spurge (Euphorbia maculate), lantana (Lantana camara), finger grass (Eustachys floridana), frog fruit (Phyla nodiflora), and grape vine. This community also contains bare, sandy, rocky patches. There was abandoned single-family residences and an abandoned motel that have been demolished.

PROPOSED WORK: The applicant seeks authorization to discharge of fill within 2.80 acres of surface waters, in order to construct three (3) commercial parcels and a multi-family residential subdivision with associated roads, amenities, surface water management system, and preserve.

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 project site contains 4.25 of waters of the U.S. including wetlands. The applicant proposes to avoid 1.46 acres of other surface waters. Both wetlands, totaling 0.61 acres, would be preserved.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

No mitigation is proposed as no wetlands on site are proposed to be filled. Approximately 2.79 acres of other surface waters consisting of borrow pits and manmade ditches and swales would be directly impacted by the proposed project.

CULTURAL RESOURCES:

The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.

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:

1) The Corps has determined the proposal may affect, the Florida bonneted bat (Eumops Floridanus) and the Florida panther (Puma concolor coryi):

The Corps has determined the project may affect the Florida bonneted bat (Eumops floridanus). The project is located within the consultation area of the FBB. Furthermore, the project site is 5 ac or greater and includes more than 1 ac (alone or combined) of the following FBB habitat types: upland or wetland forest; upland or wetland shrub; or open freshwater wetlands. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposed project may affect the Florida panther (Puma concolor coryi) and its critical habitat. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.

2) The Corps has determined the proposal may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi), wood stork (Mycteria americana), red-cockaded woodpecker (Picoides borealis), Everglades snail kite (Rostrhamus sociabilis plumbeus) and florida scrub jay (Aphelocoma coerulescens):

The Corps has determined the proposed project may affect the eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the revised Eastern Indigo Snake Key dated April 1, 2017. The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > “NLAA” pursuant to the Key. This determination is based on the project’s impacts to <25 acres of eastern indigo snake habitat, the site having known active or inactive burrows and the Permit shall be conditioned to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination keys.

The Corps has determined the project may affect, but is not likely to adversely the wood stork (Mycteria americana). Based upon review of the Wood Stork Key for South Florida dated May 18, 2010, the proposed project resulted in the following sequential determination: A > B > C > E = “NLAA” the wood stork. The applicant will provide the required short/long hydroperiod compensation through the purchase of federal credits at a mitigation bank within the service area. The Corps has U.S. Fish and Wildlife Service concurrence for this determination through use of the aforementioned determination keys.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the red-cockaded woodpecker (RCW) (Picoides borealis). The nearest documented red-cockaded woodpecker (RCW) nest is greater than 3 miles east of the subject property. No RCW nest cavities or other evidence of utilization by the red-cockaded woodpecker was observed onsite. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida scrub-jay (Aphelocoma coerulescens) or its designated habitat. The proposed project is within the consultation area for the Florida scrub-jay. No habitat types utilized by Florida scrub-jays are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Everglades snail kite (Rostrhamus sociabilis plumbeus) or its designated critical habitat. The proposed project is within the consultation area for the snail kite. No habitat types utilized by the Everglades snail kite are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.

ESSENTIAL FISH HABITAT (EFH): The work is proposed above mean high water, therefore the determination is no effect to EFH.

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/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 state Water Management Districts.

COMMENTS submitted in writing to the attention of District Engineer through the 1520 Royal Palm Square, Suite 310, Ft. 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, Stephen Fleming, in writing at the Ft. Myers Permits Section, 1520 Royal Palm Square Blvd., Ft. Myers, Florida, 33919; by electronic mail at Stephen.J.Fleming@usace.army.mil, by telephone at (239) 334-1975 X 0003

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 realisted 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.

Jacksonville Distrct Lee County permit public notice U. S. .Army Corps of Engineers USACE