Public Notice Notifications

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SAJ-2000-01249 (IP-SJF)

Published July 13, 2020
Expiration date: 8/3/2020
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:
27th/Pico Boulevard Limited Partnership
95 North County Road
Palm Beach, FL 33480

WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with the Cocohatchee and Main Golden Gate Canal Basins. The project site is located in Section(s) 25, 35, and 36, Township 47 South, and Range 27 East; and Section(s) 1 and 2, Township 48 South, Range 27 East, Naples, Collier County, Florida.

Directions to the site are as follows: From Exit 111 on Interstate 75, proceed approximately 12 miles east on Immokalee Road (SR 846).The project is located east of Immokalee Road approximately one mile north of Oil Well Road.

APPROXIMATE CENTRAL COORDINATES:
Latitude 26.338075°
Longitude - 81.577092°

PROJECT PURPOSE:
Basic: To construct a mixed-use development.
Overall: To construct a mixed-use residential and commercial development in the Rural Fringe Mixed Use area, in Naples, Collier County, Florida.

PROJECT HISTORY: On February 28, 2002, the Corps issued wetland jurisdictional determination 200001249 (FJL-MH) “SR 846 Land Trust”. On October 12, 2007, the Corps issued a Public Notice for expansion of an existing mine. The application was later withdrawn by the Corps on February 12, 2010 due to incomplete response necessary to meet requirements of 50 CFR SS402.14(c) for the U.S. Fish and Wildlife Service (FWS) to initiate formal Endangered Species Act consultation. In August 2010 the Corps notified the previous land owners of the Corps’ intent to initiate an Environmental Impact Statement for various mining projects located within the general geographic boundaries of Southwest Florida. Subsequently, the mine expansion plans were put on hold. The property was subsequently marketed for residential development and was sold in 2016.

EXISTING CONDITIONS: The 2,787 acre site contains 199.56 acres of wetlands and 769.73 acres of other surface waters. The wetlands consist of disturbed cypress, wet prairies, and mixed wetland forest. The other surface waters consist of earth mine, lakes, ditches and reservoirs. The site contains existing mining, row crop, and pasture lands.

The property is bordered to the north by low density residences and agricultural. The property is bordered to the south and east by Golden Gate Estates drainage canals and residential development.

PROPOSED WORK: The applicant seeks authorization to construct a mixed-use development consisting of residential, civic/institutional, and commercial uses with associated infrastructure, amenities, and stormwater management system. The proposed project will result in the discharge of 159,091 cubic yards of fill material into 32.87 acres of wetlands and 1,942,195 cubic yards of fill material into 200.64 acres of other surface waters. The proposed project will also involve the excavation of 179,241 cubic yards of material from 11.11 acres of wetlands.

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 applicant considered several design alternatives for the project to minimize discharge of dredge and fill material into regulated waters. The site plan was designed to utilize existing agricultural fields, mined lands, and low-quality wetland habitats for the planned development and avoid direct and secondary impacts to on-site high quality natural wetland habitats and the continuum of natural upland communities that exist between them.

COMPENSATORY MITIGATION –The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

In order to offset the loss of wetland functions, the applicant proposes on-site preservation and enhancement of wetlands, surface waters, and uplands. The preservation area contains important habitat for a variety of plant and wildlife species and is located in close proximity to Bird Rookery Swamp and state protected lands of the Corkscrew Regional Ecosystem Watershed. The preservation area would be placed in a conservation easement dedicated to the South Florida Water Management District with third party enforcement rights granted to the Corps and the FWS.

CULTURAL RESOURCES: A cultural resource assessment survey was previously conducted over four square miles of the project site in 2001. The survey found two archeological sites potentially eligible for listing on the National Register of Historic Places. The project is avoiding these known sites. 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 will request U.S. Fish and Wildlife concurrence with the following determinations pursuant to Section 7 of the Endangered Species Act:

The Project site is located within a FWS designated consultation area for the Florida bonneted bat (Eumops floridanus) (FBB). Use of the 2019 Florida Bat Consultation Key resulted in
1a > 2a > 3b > “Conduct full acoustic/roost survey”. The Corps will request acoustic/roost surveys from the applicant via separate letter.

The Project site is located within the FWS designated Focus Areas for the Florida panther (Puma concolor coryi). Panther telemetry have been reported on the Project site and panther vehicular collisions have been reported adjacent to the site along S.R. 846. Using the Florida Panther Effect Determination Key (February 19, 2007), the proposal keyed as follows: A > C  “may affect”. The Corps will request formal consultation on this species from the US Fish and Wildlife Service via a separate letter.

The Corps has determined the proposed project may affect, but is not likely to adversely affect, the Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern
Indigo Snake Effect Determination Key (dated August 1, 2017), the Corps determination sequence resulted in A > B > C  “may affect”. The Corps determined the proposed project “may affect” the eastern indigo snake and will request formal consultation on this species from the FWS via a separate letter.

The Corps has determined the project may affect, but is not likely to adversely affect, the wood stork (Mycteria americana). The Corps completed an evaluation of the project based upon the FWS Wood Stork Effect Determination Key dated May 18, 2010 (amended on August 13, 2013). Use of the key resulted in the following sequential determination: A>B>C>E “not likely to adversely affect”. Although the project will directly impact potential wood stork foraging habitat, replacement compensation is proposed in accordance with Clean Water Act 404(b)(1) guidelines; the habitat compensation replaces foraging value consisting of wetland enhancement and restoration matching the hydroperiod of wetlands affected; and replacement compensation provides foraging value similar to, or higher than, that of impacted wetlands; therefore, Corps determined the project “may affect, but is not likely to adversely affect” (MANLAA), the wood stork and will request concurrence from the FWS, via a separate letter.

The Corps has determined the proposed project will have “no effect” on the red-cockaded woodpecker (Picoides borealis). The Project occurs partially within the Consultation Area of the red-cockaded woodpecker (RCW) and includes 354.9± acres of pine forested areas. Listed species surveys conducted by the applicant from 2004 to 2015 were negative for RCW nesting. No RCWs or cavities in live pine trees have been documented on or near the site during the listed species survey or other fieldwork conducted on the Project site. This determination is based on the use of the FWS draft Species Conservation Guidelines, South Florida for the RCW (July 12, 2004). According to the Florida Fish and Wildlife Conservation Commission database, the nearest documented RCW colony is located approximately ten miles southwest of the site. The Corps’ preliminary determination is that the proposal will have “no effect” on the RCW and will request concurrence from the FWS via a separate letter.

The Project occurs within a FWS Consultation Area for the Florida scrub jay (Aphelocoma coerulescens). The Florida scrub jay lives only in scrub and scrubby flatwoods habitats found on nearly pure, excessively well-drained, sandy soils. The project site does not contain suitable Florida scrub jay habitat. Surveys conducted by the applicant found no use of the project site by Florida scrub jay. The Corps’ preliminary determination is that the proposal will have “no effect” on the scrub jay and will request concurrence from the FWS via a separate letter.

The Project site is located within a FWS designated consultation area for the Everglade snail kite (Rostrhamus sociabilis plumbeus). The Project site does not contain FWS designated snail kite critical habitat and is not within a Priority Management Zone for the species. Surveys conducted by the applicant found limited foraging use of the Project site by the Everglade snail kite. The Corps preliminary determination is that the project “may affect, but is not likely to adversely affect” the snail kite and will request concurrence from the FWS via a separate letter.

The Project site is located within the FWS designated consultation area for crested caracara (Caracara cheriway audubonii). Surveys conducted by the applicant found foraging use of the Project site by crested caracara. The Corps preliminary determination is that the project “may affect, but is not likely to adversely affect” the crested caracara and will request concurrence from the FWS via a separate letter.

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

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 state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be 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 J. Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at (239) 334-1975.

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, aesthetics, 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.