TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a time extension (TE) of a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: Hacienda Lakes of Naples, LLC
c/o David Torres, Manager
7742 Alico Road
Fort Myers, Florida 33912
WATERWAY AND LOCATION: The project is located within the Big Cypress Swamp Drainage Basin and adjacent to the western portion of Picayune Strand State Forest within Section 14, Township 50 South, Range 26 East, Collier County, Florida. The site is located in the Upper Henderson Creek Watershed (HUC 12 030902040601).
Directions to the site are as follows: From Interstate 75 (I-75) take County Road (CR) 951 (Collier Blvd) south for approximately 2.5 miles. The project site is located on the east side of CR 951. The project contains offsite mitigation parcels which are located on the east side of the project site. Travel approximately 4.25 miles east of CR 951 on Sabal Palm Road to those off-site mitigation locations.
APPROXIMATE CENTRAL COORDINATES:
Project Site:
Latitude: 26.112155°
Longitude: -81.672666°
Offsite Mitigation (N):
Latitude: 26.116043°
Longitude: -81.591264°
Offsite Mitigation (S):
Latitude: 26.112236°
Longitude: -81.591266°
PROJECT PURPOSE:
Basic: Mixed Use Development
Overall: Mixed-use development (residential, recreational and commercial) and associated infrastructure, with access to major roadways and proximal access to the Interstate, in southeast Collier County, Florida.
EXISTING CONDITIONS: The project (development) site is 2,262.14+ acres comprised of 496.72+ acres of uplands, 1,747.79+ acres of wetlands and 17.63+ acres of other (jurisdictional) waters of the U.S. (WOTUS).
The site is located along the east side of CR 951 extending one and a half miles to the east at its northern end and extending three miles to the east at its southern end.
Approximately two-thirds of the project site is located north of Sabal Palm Road and one third is south of Sabal Palm Road. The Willow Run Quarry is along the northern project boundary and scattered single family residences and the Winding Cypress DRI are located along the southern project boundary. The Picayune Strand State Forest is located to the east. The Florida Sports Park and Collier County Sheriff Junior Deputy facility is located in the central portion of the project site. The remaining portions of the project are undeveloped lands. A 45 acre+ undeveloped outparcel owned by the State is located within an eastern portion of the project.
The site’s wetlands consist of palustrine forested and palustrine emergent wetland systems. The site contains recreational lands, unimproved pasture, rural open lands, tropical hardwood hammock, utility easements and roads. The palustrine systems include wet prairie, freshwater marsh, pine flatwoods and burned forested areas of mixed pine and cypress. The dominant vegetation onsite is a mixed pine and cypress freshwater forested system containing slash pine, cypress, cabbage palm, melaleuca, Brazilian pepper, swamp fern, rush fuirena, corkwood, water pennywort, and rosy camphorweed. Most of the forested habitats on the project site are highly infested with melaleuca.
PERMITTING HISTORY: A corps permit (No. SAJ 2003-11158) was issued for the project on 27 September 2012, authorizing the discharge of fill into 350.12+ acres of wetlands, 4.39+ acres of other WOTUS, 0.25+ acres of offsite waters, and the excavation of 93.43+ acres of wetlands. Impacts are to be conducted through various development phases. Compensatory mitigation is being provided through the conversion of 2.74+ acres of other WOTUS to wetlands, the enhancement and restoration of 1344.02+ acres of wetlands, and 0.32+ acres of other WOTUS, along with the enhancement of 282.83+ acres of uplands. The mitigation areas are both onsite and directly adjacent off-site and are contiguous with the Picayune Strand State Forest. All the mitigation areas are to be preserved in perpetuity.
The Corps permit was previously modified on 10 June 2015. That modification authorized the reconfiguration of the project plans within one Development Phase. No changes to the amount of impacts were requested or authorized under that modification.
A second Corps permit modification was issued on 3 April 2018, authorizing the use of mechanical equipment within the project preserve areas to aid in the removal of exotic vegetation from those mitigation areas. Additionally, the development and mitigation phases were re-labeled under that permit modification, but no changes to the amount of wetland impacts where proposed or authorized, under that Mod.
On 16 August 2019, prior to permit expiration date this request for a time extension (TE) to the original permit was submitted to the Corps.
PROPOSED WORK: The applicant seeks a permit TE to continue construction of the authorized mixed-use development along with the roads, surface water management system and other associated infrastructure. The remainder of the previously authorized project, to be completed with this TE, will directly impact the same amount and type of waters i.e. 350.12+ acres of wetlands, 4.39+ acres of other WOTUS, 0.25+ acres of offsite waters (for an offsite canal crossings) and the excavation 93.43+ acres of wetlands as well as the ongoing work for on-site and off-site mitigation areas.
AVOIDANCE AND MINIMIZATION INFORMATION – Avoidance and minimization measures were addressed during the permit application review for Corps authorization (SAJ 2003-11158), previously referenced and issued 27 September 2012. As stated previously this request is for a TE to the construction window of the work previously authorized.
COMPENSATORY MITIGATION – The compensatory mitigation required in the original permit instrument to offset the unavoidable functional loss to the aquatic environment was a follows: The conversion of 2.74+ acres of waters to wetlands, restoring and enhancing 1344.02+ acres of wetlands, 0.32+ acres of other WOTUS and enhancing 282.83+ acres of uplands. All mitigation areas are to be preserved in perpetuity. Both the mitigation work and the development are currently in progress. The mitigation areas are protected via conservation easements granted to the South Florida Water Management District, with third party enforcement rights granted to the Corps.
CULTURAL RESOURCES: A cultural resource assessment survey was conducted by Archaeological and Historical Conservancy in 2004 and 2005 which identified five prehistoric sites within in the project limits. The surveys were coordinated with the Florida State Division of Historical Resources (DHR) which recommend avoidance of the archaeological sites. The project development plan was then re-designed to avoid impacts to the archeological sites and to preserve them within the onsite wet land conservation areas. By correspondence dated 9 June 2010, the DHR stated they were satisfied with the preservation plan of the archaeological sites further stating that “no historic properties are likely to be adversely affected by the development of the project”.
ENDANGERED SPECIES: On 18 July 2012, the US Fish and Wildlife Service (FWS) issued a Biological Opinion (BO) for the project which addressed project related impacts to the Eastern indigo snake, red cockaded woodpecker, wood stork and Florida panther. An updated BO was issued by the FWS on 4 August 2017, addressing project related impacts associated with the Florida bonneted bat.
No other ESA listed species or their habitat have been identified that may be directly affected by this project.
ESSENTIAL FISH HABITAT (EFH): This project is not expected to have any effects on 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.
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 Fort Myers Permit Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919 within 21 days from the date of this notice.
The decision whether to issue or deny this permit TE application will be based on the information received from this public notice 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 directed to the project manager, Robert Tewis, in writing at the U.S. Army Corps of Engineers, Ft. Myers Permits Section, 1520 Royal Palm Square Blvd., Ste. 310, Fort Myers, Florida, 33919; by electronic mail at robert.m.tewis@usace.army.mil; by facsimile transmission at (239) 334-0797; or by telephone at (239) 334-1975 ext. 0012.
IMPACT ON NATURAL RESOURCES: Coordination with the FWS, the 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 whether to issue a permit will be based on an evaluation of the probable impacts 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 TE will be granted unless its issuance is found to be contrary to the public interest.
The 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.