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).

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SAJ-2003-12415 (SP-SJF)

Published May 10, 2017
Expiration date: 6/1/2017
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: Estero North Point, LTD.
                      C/o Katherine Sproul
                      2640 Golden Gate Parkway, Suite 105
                      Naples, Florida 34105

WATERWAY AND LOCATION: The project would affect waters of the United States (WOTUS) associated with the Estero Bay watershed. The project site is located on U.S. 41 in Section 33, Township 46 South, Range 25 East, Village of Estero, Lee County, Florida.

Directions to the site are as follows: Take I-75 to Exit 123; head west for 2.0 miles on Corkscrew Road to the intersection with U.S. 41; turn left and the site is approximately 0.5 miles to the south on the east side of U.S. 41. The site is fenced and does not have a formal address or entrance along U.S. 41.

APPROXIMATE CENTRAL COORDINATES: Latitude 26.424401°
                                                                         Longitude -81.808122°

PROJECT PURPOSE:

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

Overall: To construct residential and commercial development with associated roadway, parking, landscaping and stormwater management in Lee County, Florida.

EXISTING CONDITIONS: The approximate 100-acre parcel abuts U.S 41 along its western border. The northern parcel limit abuts multiple commercial uses; the eastern parcel limit abuts the Seminole Gulf Railway; and the southern parcel limit abuts Williams Road. The Corps jurisdictional areas at the site are comprised of approximately 4.70 acres of hydric improved pasture, 3.46 ac of shallow marsh-like borrow area, 13.98 ac of borrow lake, 0.28 ac of cattle watering pond, 3.14 ac of Via Coconut Point Road water management detention area, 0.61 ac of ditch, and 0.28 ac of U.S. drainage ditch. Uplands include pine flatwoods with 50% to 74% exotics (0.54 ac), improved pasture (68.31 ac), and improved pasture with greater than 75% exotics (4.69 ac). The predominant invasive exotic species found in the canopies and sub-canopies include melaleuca (Melaleuca quinquenervia) and ear-leaf acacia (Acacia auriculiformis).

PROPOSED WORK: The applicant seeks authorization to discharge 26,900± cubic yards of fill within 1.80 ac of other surface waters and 8.14 ac of freshwater herbaceous wetlands and to excavate 80,200± cubic yards of material from 3.30 ac of other surface waters and 0.02 ac of freshwater herbaceous wetlands, including the discharge of 1,400 cubic yards of fill into 0.28 ac of the eastern U.S. 41 drainage swale, in order to construct a 29-acre commercial and 47-acre residential development with associated roads, amenities, and surface water management.

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 two on-site wetlands have been impacted over the decades by active maintenance and cattle operations.. Additionally, surrounding development has severed connections with off-site natural systems. The net result is that the current functional values of both wetlands are very low. Given their low functional value and their relatively isolated position in the regional landscape, there is higher value in impacting them and contributing like function to a regionally beneficial commercial wetland mitigation bank.

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

The mitigation proposal is to off-set federal wetland impacts, and wood stork foraging biomass impacts, by purchasing 3.34 freshwater herbaceous credits from Corkscrew Regional Mitigation Bank (CRMB). CRMB is a federally permitted wetland mitigation bank with credits servicing the West Collier Basin.

CULTURAL RESOURCES:

The Applicant requested that the State Historic Preservation Officer (SHPO) review the proposed project for possible effects on historic/archaeologic properties. Per DHR Project File No.:2016-2777, SHPO provided a written opinion, dated June 28, 2016, reflecting that “the proposed project is unlikely to affect historic properties.” SHPO further provided suggested narrative to be included in the Corps permit giving direction in case artifacts or human remains are encountered during ground disturbing activities.

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 Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps determination sequence resulted in A > B > C > D > E > MANLAA. The Permittee agrees 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). The Corps received FWS concurrence letter, dated May 18, 2010 (amended on August 13, 2013) for all work that results in a “may affect, not likely to adversely affect” determination using the Wood Stork Effect Determination Key. 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 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 project may affect the Florida bonneted bat (FBB) (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; open freshwater wetlands; or open water. 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, 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 proposed project may affect, but is not likely to adversely affect the red-cockaded woodpecker (RCW) (Picoides borealis). Although the project occurs within the Consultation Area of the endangered RCW, the habitats found on the proposed project area are not suitable for the RCW and there is limited open area for foraging and nest tree development. In addition, there are no documented active RCW colonies 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): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the project area of reference. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

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 Blvd., Suite 310, Fort Myers, FL 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, 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 U.S. 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.