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 (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: Collier Enterprises Management, Inc.
c/o Passarella & Associates, Inc.
Attention: Heather Phillips
13620 Metropolis Avenue, Suite 200
Fort Myers, Florida 33912
WATERWAY AND LOCATION: The project site totals approximately 10,264.63 acres located in Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36; Collier County. The site contains approximately 4490.66 acres of jurisdictional wetlands, 14.71 acres of isolated wetlands and 34.25 acre of other waters of the US (former farm field ditches) located within the Union Canal Watershed (10-HUC # 0309020404) of the Big Cypress Drainage Basin.
Directions to the site are as follows: From 1-75, take exit 111 to Immokalee Road/CR-846 and head east on Immokalee Road for approximately 3.4 miles and turn right (east) on Oil Well Road/CR-858 to the intersection with Oil Well Grade Road. The project site is located north and south of the intersection.
APPROXIMATE CENTRAL COORDINATES: Lat: 26.29055º
Long: -81.49722º
PROJECT PURPOSE:
Basic: Mixed use development.
Overall: Construct a master planned mixed-use community consisting of recreational amenities; a commercial town center; an elementary, middle, and high school; residential neighborhoods with roads, driveways, parking areas, lakes, drainage management systems and other associated infrastructure in east Collier County, Florida.
EXISTING CONDITIONS: A total of 77 Florida Land Use, Cover and Forms Classification System codes (FLUCFCS codes) were identified on the site. A substantial portion of the property land use has been agriculture. The land use types of Cropland and Pastureland (FLUCFCS Code 210), Improved Pasture (Code 211), Unimproved Pasture (Code 212), and Row Crops (Code 214) comprise 48.0 percent (4,978.43± acres) of the project site. The native habitat areas on-site are dominated by Disturbed Cypress, (Code 6219) comprising 29.8 percent of the project site. Native upland habitats are dominated by Disturbed Pine Flatwoods (Code 4119) which comprises 2.6 percent of the site. The other 19.7 percent of the site consists of a variety of different land uses.
PROJECT HISTORY: The applicant submitted an application on 18 January 2008, requesting DA authorization for a similar type of development. The application was withdrawn by the Corps on 20 May 2008, due to the applicants failure to respond to a request for additional information (RAI) required for the public notice (PN).The Corps re-opened the file on 17 June 2008, when the applicant submitted a responses to the Corps RAI and requested the application processing to continue. The application was again withdrawn 18 March 2011, due to the applicant’s failure to provide the required information for consultation with the US Fish and Wildlife Service (FWS). The current application (as revised) was received by the Corps on 17 January 2017.
PROPOSED WORK: Clear, grade, excavate, dredge and fill to construct and maintain a master planned mixed-use development consisting of two golf courses; a commercial town center; an elementary, middle, and high school; and residential neighborhoods with roads, driveways, parking areas, lakes, drainage management systems and other associated infrastructure. The project would discharge 196,217 cubic yards of fill into 98.25 acres of jurisdictional wetlands and 1,360 cubic yards of materials into 0.68 acre of isolated wetlands. Approximately 27,820 cubic yards of materials would be discharged into 13.90 acres of remnant farm-field ditches. The project also would dredge/excavate approximately 2,951,250 cubic yards of native materials from 197.45 acres of jurisdictional wetlands and 16,500 cubic yards of material from 1.1 acre of isolated wetlands. The project proposes to restore, enhance and preserve wetlands onsite.
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant states the following in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“Rural Lands West utilized the rural land planning strategy adopted for the Collier County Rural Lands Stewardship Area (RLSA) while planning the project. The County has identified certain lands within the RLSA that have low natural resource value and suitable for development of new communities. Under the RLSA program, new communities can only be established on privately owned lands that meet specific suitability criteria and cannot occur on lands designated as Flow-way Stewardship Areas (FSAs) or Habitat Stewardship Areas (HSAs). The RLSA program, identified natural resources including wetlands and listed species habitat, were identified and mapped on a regional scale. FSAs are primarily wetlands located within the Camp Keais Strand and Okalacoochee Slough, establishing the primary wetland flow-way systems in the RLSA. HSAs include lands whose natural characteristics make them suitable habitat for listed species, and also lands which are contiguous to the listed species habitat that form a continuum of landscape that could improve listed species habitat value. As such, the RLSA program requires the applicant to avoid impacts to significant wetlands and listed species habitat by directing development away from FSAs and HSAs.
In addition, the applicant considered several design alternatives for the project to further minimize the discharge of dredge and fill material to regulated waters. The site plan was designed to utilize the existing (state permitted) agriculture fields for the planned development and to avoid and minimize direct impacts to the natural wetland habitats on-site. The discharges to jurisdictional wetlands are primarily for infrastructure construction such as road crossings and surface water management facilities. Preserves were designed to connect to Camp Keais Strand, which abuts the eastern property boundary. The project will enhance and preserve 93 percent (3,906.71 acres) of wetlands onsite.”
COMPENSATORY MITIGATION: To compensate for unavoidable impacts to jurisdictional wetlands the applicant proposes to enhance and preserve 3,906.71± acres of wetlands and restore and preserve 25.59± acres of wetlands. The applicant proposes to conduct the compensatory mitigation activities in phases that correspond to the construction of the project’s surface water management basins.
The onsite preserve areas would be comprised of 3932.3 ± acres of wetlands (mostly enhanced with some restored), 48.25± acres of uplands to be restored (not included as wetland compensation), 25.46 ± acres of wetlands of just preservation and other waters to be preserved. A total 4,246.55± acres are to be preserved on site and placed under a conservation easement granted to the South Florida Water Management District (SFWMD) with third party enforcement rights granted to the Corps and the U.S. Fish and Wildlife Service (FWS).
CULTURAL RESOURCES: The Corps is unaware of any known historic properties within the review area. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Office (SHPO) and those federally recognized tribes with concerns in Florida and the area under review by the Corps, for this proposal.
ENDANGERED SPECIES ACT (ESA): The project site is located in an area where the eastern indigo snake (Drymarchon corais couperi), an ESA listed species, may occur. A species survey conducted of the project site, by the applicant’s agent, did not reveal the presence of any indigo snakes or of its commensal species the gopher tortoise. No gopher tortoise burrows were identified during the survey. The ground water levels at the site have been maintained at an elevated levels (for agricultural purposes) for many years which would prevent most of the site to transition into the xeric/dry type of habitats preferred by indigo snakes and the gopher tortoises. In following the Indigo Snake Programmatic Concurrence Key, as amended, the proposal keys out to A., B. The permit instrument, if issued, would contain the Standard Protective Measures for Eastern Indigo Snake which must be followed during all construction activities. The Corps determined the proposed project “may affect, but is not likely to adversely affect” (MANLAA) the indigo snake. In accordance with the key, Section 7of ESA requirements have been fulfilled and no further consultation with the FWS is required for that species.
The project site is within wood stork (Mycteria americana) core foraging areas. In accordance with the South Florida Programmatic Wood Stork Key the proposal keys as follows: A., B., C., E. Although the project will directly impact potential wood stork foraging habitat, upon completion the project is expected to result in long-term enhanced wood stork foraging habitat in the area; therefore, Corps determined the project MANLAA the wood stork and will requests concurrence from the FWS, 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 MANLAA the scrub jay and will requests concurrence from the FWS, via a separate letter.
The project site is within a FWS designated consultation area for the Florida grasshopper sparrow [(FGS) (Ammodramus savannarum floridanus)]. The FGS inhabit dry prairie characterized by clumped distribution of bluestem grass (Andropogon spp.), St. John’s wort (Hypericum spp.), wiregrass (Aristida spp.), saw palmetto (Serenoa repens) and dwarf oak (Quercus minima) ranging from 30 to 70 centimeters in height. FGS habitat consists of large (greater than 50 ha.) treeless, relatively poorly-drained grassland that have a history of frequent fires. (US-FWS, SE Region, SFESO, Vero Beach, FL, FGSP 5-Year Review: Summary and Evaluation). The Corps preliminary determination is that the proposal MANLAA the FGS and will requests 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 snail kite. The Corps preliminary determination is that the project MANLAA the snail kite and will request concurrence from the FWS, via a separate letter.
The project site is within a FWS designated consultation area for the caracara (Polyborus plancus audubonii).The nearest observed caracara location (# 816, 2008) is located approximately 2.0 miles north of the northern border of the project site. The Corps preliminary determination is that the project MANLAA the caracara and will request concurrence from the FWS, via a separate letter.
The project site is within FWS designated Focus Areas for the Florida Panther (Puma concolor coryi). Use of the Florida Panther Effect Determination Key (February 19, 2007) the proposal keyed as follows: A., B., project is greater than one acre and will have a net increase in vehicle traffic patterns resulting in a “may affect” determination for the panther. Pursuant to Section 7 of ESA the Corps will request the FWS to initiate formal consultation (for this species), via a separate letter.
The project site is within a FWS designated Focal Area for the Florida bonneted bat [FBB (Eumops floridanus)]. In accordance with FBB Effects Determination Key the proposal keys at No. 1. The Corps has determined the proposed project “may affect” the FBB. Pursuant to Section 7 of ESA the Corps will request the FWS to initiate formal consultation (for this species), via a separate letter.
These effect determinations are based on current ESA listed species guidance from the FWS. To be noted, the project site is within the geographical boundaries of a pending Environmental Impact Statement being prepared for the Eastern Collier Multiple Species Habitat Conservation Plan, of which the FWS is the lead agency.
NOTE: This public notice (PN) is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulations governing the regulatory program. The jurisdictional line has not been formally verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or 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 a permit, for this application, will be based on the information received in response to this PN and the evaluation of the probable impacts 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-22.
IMPACT ON NATURAL RESOURCES: Coordination with the FWS, the US 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 of whether to issue a permit will be based on the evaluation of probable impacts including cumulative effects 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 EPA Administrator, under authority of Section 404(b) of the Clean Water Act and/or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be authorized unless its issuance is found to be contrary to the public interest.
The US Army Corps of Engineers (Corps) is soliciting comments, to this PN, 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.