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: Jesse Houghtalen
901 Wabash Avenue, Suite 300
Terre Haute, IN 47807
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Haldeman Creek. The project site is located at the southeast of the interchange of Interstate 75 (I-75) and County Road (CR) 951. The Project is bordered by I-75 to the north, by CR 951 to the east, Davis Boulevard to the south, and the East Gateway PUD to the west in Section 34, Township 49 South, Range 26 East, Collier County, Florida.
Directions to the site are as follows: Interstate 75 to exit 101 for Collier Boulevard (CR951). The project is located at the southwest intersection of I-75 and Collier Blvd.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.158698°
Longitude -81.689402°
PROJECT PURPOSE:
Basic: Housing
Overall: Develop a mid-sized apartment residential community in South Naples in Collier County.
EXISTING CONDITIONS: The 40.79 acre project consists of 31.1 percent herbaceous and forested freshwater wetlands on-site totaling 12.70± acres. The on-site wetlands consist of Pine, Hydric, Disturbed (25-49%Exotics) (FLUCFCS Code 6259 E2) and Wet Prairie, Disturbed (25-49% Exotics) (FLUCFCS Code 6439 E2). The wetland areas have been invaded by exotic species including Brazilian pepper, Melaleuca (Melaleuca quinquenervia) and torpedograss (Panicum repens), and torpedo grass. The Project also contains 0.21 acre of COE Waters consisting of Ditch (FLUCFCS Code 514). The natural hydrology of the landscape within the Project site has been historically altered through the construction of I-75 and surrounding adjacent development.
The existing area surrounding the project area consists of forested area to the west, I-75 interstate to the north, Davis Road to the south. Within the surrounding 4000 feet of the proposed project, there is mixed use residential and commercial development interspersed with forested natural parcels.
BACKGROUND: COE Permit No. 88IPP-21061 was issued on July 24, 1989 and authorized impacts to 18.50± acres of wetlands on-site. As compensation for the 18.50± acres of wetland impact, a 13.45± acre onsite mitigation area was preserved and enhanced on the northern portion of the Project. After the implementation of mitigation activities and completion of the required monitoring and reporting program, it was determined that the on-site mitigation area had failed to satisfy the permitted success criteria and the COE issued a Notice of Non-Compliance on February 3, 2006. Per coordination with the COE, due to the failure of the on-site mitigation area, it was determined that compensatory mitigation for the 18.50± acres of permitted wetland impacts would be provided through the purchase of ten wetland mitigation credits from Big Cypress Mitigation Bank (BCMB). The credits were purchased and transferred on June 14, 2007. Per a July 5, 2007 letter from the COE, the compliance issues were resolved and the notice of non-compliance was rescinded.
On February 19, 2009, COE Permit Modification No. SAJ-1988-0161 (IP-CJE) was issued and authorized an additional 7.34± acres of impacts to wetland areas located on the Northern portion of the Project, within the failed on-site mitigation area. As compensation for the 7.34± acres of wetland impacts, an additional 3.55 wetland mitigation credits were purchased from BCMB and transferred on June 14, 2007. COE Permit Modification No. SAJ-1988-0161 (IP-CJE) expired on February 19, 2014 and the 7.34± acres of additional wetland impacts were never completed.
This permit application seeks re-authorization of COE Permit Modification No. SAJ- 988-0161 to complete the previously authorized 7.34± acres of wetland impacts.
PROPOSED WORK: The applicant seeks authorization to discharge dredge or fill material for the construction of a residential development into 7.34 acres of jurisdictional wetland and 0.17+/- acres of waters of the U.S.
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 onsite wetland areas are comprised of historically disturbed areas that experience altered hydrology and are infested with large amounts of exotic vegetation. The proposed project was designed to maximize the use of uplands and historically disturbed land, while also directing the highest intensity land uses away from higher quality habitat onsite.
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COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation for the 7.34± acres of wetland impacts was provided though the purchase of 3.55 credits from Big Cypress Mitigation Bank. Additionally, a 6.12± acre conservation area will be retained on-site; however, it will not be used as compensation for proposed wetland impacts associated with the Corps application process.
CULTURAL RESOURCES:
The Corps is not aware of any known historic properties within the permit area. Per a July 18, 2008 letter from the DHR, the Project site is unlikely to contain archaeological or historical resources.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida Bonneted Bat (Eumops floridanus) and the Red-Cockaded Woodpecker (Picoides borealis) or its designated critical habitat. The project area contains limited number of canopy pine trees and no cavities were noted in the living pines during the listed species survey. No red-cockaded woodpecker colonies or cavity trees have been documented within the project area. The Corps received con U.S. Fish and Wildlife Service concurrence with this determination October 24, 2018, pursuant to Section 7 of the Endangered Species Act.
In October 2008 the FWS concurred with the Corps determination that the proposed project may affect, but is not likely to adversely affect the Florida Panther (Puma concolor coryi), Woostork (Mycteria Americana) and Eastern Indigo snake (Drymarchon corais couperi). No further consultation is required.
ESSENTIAL FISH HABITAT (EFH): The project would not affect estuarine or marine habitat. The Corps does not expect adverse effects to EFH or federally managed fisheries in, or associated with, downstream systems because of the location in freshwater wetlands and nature of work proposed.
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 the District Engineer through the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, suite 310, Fort Myers, FL 33919 within 20 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 Murphy, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, suite 310, Fort Myers, FL 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.
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.