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: James Nashman.
23190 Fashion Drive
Estero, Florida, 33928-2561
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the I-75 drainage. The 16.57 acre project site is located adjacent to Interstate I-75 and Bonita Beach Road in southern Lee County, in Section 6, Township 48 South, Range 26 East.
Directions to the site are as follows: Take I-75 to Bonita Beach Road, exit east. The subject parcel is located at the southwest intersection of Bonita Beach Road and Hunter’s Ridge Boulevard (Southeast quadrant of Interstate 75) in Bonita Springs, FL.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.329542°
Longitude -81.747733°
PROJECT PURPOSE:
Basic: Commercial Planned Development
Overall: Construct a commercial development consisting of retail, office, hotel, and/or assisted living facility to servicing southeast Lee County.
EXISTING CONDITIONS: The majority of 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). These species, as well as Brazilian pepper and melaleuca (Melaleuca quinquenervia) are also present in the midstory. Scattered shrubs, such as beauty berry (Callicarpa americana) and myrsine (Rapanea punctata) are also present. Ground cover is typically sparse and consists of species such as saw palmetto (Serenoa repens), rosary pea (Abrus precatorius), greenbrier (Smilax sp.), and poison ivy (Toxicodendron radicans). A depressional wetland is located in the northeastern portion of the site. The canopy consists of laurel oak and cabbage palm. Laurel oak, Brazilian pepper, and pop ash (Fraxinus caroliniana) are present in the midstory. Ground cover is typically sparse and consists of patches of swamp fern (Blechnum serrulatum), grape vine (Vitis sp.), and greenbrier. An examination of the soil within this area revealed a clay layer below the surface indicating that this wetland may have been inadvertently created during the construction of I-75. Several borrow pits were excavated on the property prior to 1966.
PROPOSED WORK: The applicant seeks authorization to construct a new commercial development consisting of retail, office, hotel, and/or assisted living facility to service Lee County. The work will require 0.68 acres of total impacts to wetlands and 0.20 acres of Other Surface Waters (OSW) impacts.
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 wetland is located on the west side of the existing intersection of Hunter’s Ridge Boulevard and Trade Center Drive, where a road connection is proposed to extend an existing reverse frontage road along Bonita Beach Road. The City requires the proposed road connection to Hunter’s Ridge to line up with the existing intersection perpendicularly to Hunter’s Ridge which requires a portion of the wetland to be directly impacted in addition to any secondary impacts that would occur. In this case, because the wetland will be partially impacted by the road alignment, and it’s an isolated wetland that will be located adjacent to two roads in the middle of a commercial development, off-site mitigation is considered the appropriate method to address the wetland for this development.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant will provide mitigation in the form of mitigation bank credits from the Corkscrew Regional Mitigation Bank (CRMB), consisting of 0.54 credits forested freshwater.
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 has determined the proposed project may affect, but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus), Red-cockaded Woodpecker (Picoides borealis), Wood Stork (Mycteria americana), Everglade Snail Kite (Rostrhamus sociabilis plumbeus), and the Florida Scrub Jay (Aphelocoma coerulescens). The Corps has requested U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect the Panther, Florida (Puma concolor coryi) and its critical habitat. The Corps has requested U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 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, Allison C. Murphy, in writing at the Ft. Myers Permits Section, 1520 Royal Palm Square Blvd., Ft. Myers, Florida, 33919; by electronic mail at Allison.C.Murphy@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 ext. 0008.
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.