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) and as described below:
APPLICANT: OB 4, LLC
C/o Randy Thibault
6810 International Center Blvd.
Fort Myers, FL 33912
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Charlotte Harbor and the Lower Alligator Creek Frontal, HUC 12: 031001030102. The project site is located at 13250 Burnt Store Rd., in Section 9, Township 42 South, Range 23 East, Port Charlotte, Charlotte County, Florida.
Directions to the site are as follows: From I-75 take Exit 161 (Jones Loop Road); continue west on Jones Loop Road across US 41 (Tamiami Trail); just beyond US 41 the road name changes to Burnt Store Road; continue south for approximately 2.2 miles to the project site on the east side of Burnt Store Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.83888°
Longitude -82.014517°
PROJECT PURPOSE:
Basic: Residential development
Overall: Construct a mixed-use residential community with ancillary recreational facilities, a commercial center, and wetland and upland preserves, in Charlotte County, Florida.
BACKGROUND: The Corps issued a permit to Coral Creek Burnt Store LLC on October 20, 2008, for the same work at the same location; on May 2, 2011, the Corps Enforcement Section found that construction had not started; on March 22, 2013, the Permittee requested a 5 year time extension and the Corps granted the time extension on June 21, 2013; on May 8, 2014, the Corps Enforcement Section found that the construction had not started; on August 13, 2014, the Corps received a transfer of ownership memo from the OB 4 LLC; on June 15, 2015, the Permittee requested a 2 year time extension; on May 19, 2016 the Corps requested additional information from the applicant; on June 24, 2016, the Corps withdrew the request for a time extension due to lack of applicant response; this new application was received from OB 4 LLC to perform the same work at the same location as previously permitted on October 20, 2008.
EXISTING CONDITIONS: The 330.0 acre property consists of 9.02 acres of jurisdictional wetlands, and 3.46 acres of other Waters of the U.S. (i.e., agricultural ditches). The remaining 317.52 acres consist of agricultural and improved pastureland. The project site was previously subject to agricultural activity. Wetlands have been invaded to varying degrees by exotic vegetation including Brazilian pepper and melaleuca. The project area wetlands include 6.24 acres of freshwater wetland forest, 2.25 acres of freshwater shrub wetlands, 0.27 acre of hydric cabbage palm, and 0.26 acre of monotypic, exotic (Brazilian pepper) forested wetland. Typical plant species associated with these wetland communities include, but are not limited to, melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebenthifolius), slash pine (Pinus elliotti), pond cypress (Taxodium ascendens), cabbage palm (Sabal palmetto), St. John's wort (Hypericum fasciculatum), maidentane (Panicum sp.), sawgrass (Cladium amaicense), sedges (Cyperaceae), and graminoids. The surrounding uplands consist of improved pasture. The project site is surrounded by undeveloped land to the north, east, and south, and by Burnt Store Road (CR765) to the west.
PROPOSED WORK: The applicant proposes to impact approximately 0.29 acre of freshwater wetlands and 3.35 acres of other waters of the United States to construct a residential community with ancillary recreational facilities, a commercial center, and wetland and upland preserves.
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 Permittee would avoid the remaining 8.73 acres of onsite wetlands as detailed on the attached project plans. These natural wetland areas were avoided as part of the permit application review process and therefore would not be disturbed by any dredging, filling, mechanized land clearing, agricultural activities, or other construction activities.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Enhance and preserve 8.73 acres of wetlands and 15.12 acres of uplands located onsite via a Conservation Easement.
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:
1) Portions of the project site contain suitable habitat for the Eastern indigo snake (Drymarchon corais couperi). The applicant reported no sightings within the project area during wildlife species surveys or other filed work conducted by the applicant. The applicant has agreed to adhere to the Standard Protection Measures for the eastern indigo snake. The Corps has determined the proposed project may affect, but is not likely to adversely affect the snake and will request written concurrence from the USFWS on this determination.
2) The Corps has determined the proposed project may affect the Florida panther (Puma concolor coryi). The project is located approximately 4 miles outside of the Panther Focus Area, however, since the project is greater than 1 acre in size and will have a net increase and/or change in vehicle traffic patterns, the Corps has determined that the project may affect the panther. The Corps will request USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
3) The Corps has determined the project may affect, but is not likely to adversely affect the Red cockaded woodpecker (Dryobates borealis). The project is located within the RCW consultation area, however, the applicant indicates that no nest-like structures or tree cavities were noted on site. The Corps will request FWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
4) The Corps has determined the project may affect the Wood stork (Mycteria americana). Use of the Wood Stork Effect Determination Key dated August 13, 2013, resulting in the sequential determination as followed: A > B > C > E2. The Corps will request formal consultation with the USFWS pursuant to Section 7 of the Endangered Species Act by separate letter.
5) The Corps has determined the project may affect the Florida bonneted bat (Eumops floridanus). The project is located within the consultation area of the FBB. Furthermore, the project site is greater than 5 acres and includes more than 1 acre (alone or combined) of the following FBB habitat types: upland or wetland forest; upland or wetland shrub; or open freshwater wetlands. The Corps will request formal consultation with the USFWS pursuant to Section 7 of the Endangered Species Act by separate letter.
6) The Corps has determined the project may affect, but is not likely to adversely affect the Eastern black rail (Laterallus jamaicensis jamaicensis). The project area consists of suitable habitat for the eastern black rail including freshwater, shallow open waters including ditches and vegetated marshes with emerging vegetation. The Corps will consult with the USFWS pursuant to Section 7 of the Endangered Species Act.
7) The Corps has determined the project would have no effect on the Florida scrub jay (Aphelocoma coerulescens) or its critical habitat. The project lies within the consultation area for the scrub jay, but the habitat type within the project site is not preferable for the species as defined in the SLOPES guidance.
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 determination is that the proposed project would have no adverse impact on EFH as the project site is located approximately 9 miles inland from the nearest tributary that leads into the Gulf of Mexico.
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, 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, Michelle Bartley, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, Florida 33919 or by electronic mail at michelle.l.bartley@usace.army.mil; or by telephone at (239) 334-1975 ext. 0006.
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.