SAJ-2008-02269 (SP-SJR)

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:

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Peace Island and the Peace River Watershed, at the terminus of Peace Island Drive, in Section 33, Township 40 South, Range 23 East, Punta Gorda, Charlotte County, Florida.

Directions to the site are as follows: From the intersection of l-75 and U.S. 17/Duncan Road, travel east 0.7 mile; at Chelsea Drive, U-turn to head west on U.S. 17/Duncan Drive for 0.2 mile to right turn onto Regent Road (Regent Road becomes Peace Island Drive). Continue 0.4 mile to terminus of Peace Island Drive; cross the access bridge over the canal by foot (no routine vehicular access).

PROJECT PURPOSE: The project purpose is to provide a 5-year extension for the existing permit for the land-based construction of a residential development with common areas and associated infrastructure.

Basic: Residential development. Overall: Construct an innovative residential development in Charlotte County, Florida.

EXISTING CONDITIONS: The developmental parcel is vacant land (originally platted for a residential subdivision in the 1920’s); the off-island parking area is also vacant land and consists entirely of uplands. The surrounding area supports single-family and multi-family residential properties with private docking facilities and bulk-headed shorelines. The development site is comprised of disturbed upland areas, and tidal wetlands comprised of saltwater marsh, and mixed-mangrove swamp (10-90% invasive nuisance vegetation coverage with Brazilian pepper).

PROPOSED WORK: The applicant seeks authorization for a 5-year extension to for the land-based construction of a residential development with common areas and associated infrastructure (development footprint: 8.61 acres). Off-site parking is proposed at a nearby upland-based (1.16 acre) vacant land parcel, with site access to the development parcel via an existing bridge. Estimated duration of work: 1 year; no blasting; no demolition; no return water discharge. The work involves direct impacts/disturbance to waters of the United States associated with the discharge of up to 20,000 cubic yards of fill materials that would affect 2.37 acres of estuarine wetlands (mixed mangrove habitat: 2.27 acres; saltwater marsh: 0.10 acre). To account for unavoidable wetland impacts, the applicant has proposed a compensatory mitigation plan involving permittee-responsible on-site and off-site mitigation.

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 applicant conducted an alternative-site assessment and selected the least environmentally damaging practicable alternative. The project will include temporary turbidity and erosion control barriers during all phases of the work. Additionally, the project will comply with all standard endangered species construction conditions and requirements outlined in the existing Department of the Army permit.

COMPENSATORY MITIGATION – Compensatory mitigation, as approved in the existing permit, includes the following: On-site Mitigation includes the wetland enhancement/preservation: The Permittee shall conduct mitigation activities to enhance 1. 73 acres of on-site mangrove wetlands by manually removing Category I and II invasive exotic vegetative species in accordance with the compensatory mitigation plan. The Permittee shall arrange for the 1. 73-acre area to be placed under a conservation easement, in accordance with the Conservation Easement Special Condition.

Off-site Mitigation includes wetland creation/preservation: The Permittee shall conduct mitigation activities to create 0.84 acre of estuarine wetlands by clearing and grading upland areas that currently support disturbed pine flatwoods (0.44 acre/0-24% exotics) and Australian pine (0.40 acre/100% exotics) habitats, in accordance with the approved compensatory mitigation plan. The Permittee shall arrange for the 0.84-acre area to be placed under a conservation easement, in accordance with the Conservation Easement Special Condition.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. It has been determined during the review of the original permit that there would be no potential to affect cultural resources. Concurrence has been received from the State Historic Preservation Officer

ENDANGERED SPECIES: It has been determined during the processing of the original permit and a permit modification dated December 2, 2020, that the project may affect, not likely to adversely affect listed species. Concurrence has been received from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service.

ESSENTIAL FISH HABITAT (EFH): It has been determined during the processing of the original permit and a permit modification dated December 2, 2020, that the project would not adversely affect EFH. Concurrence has been received from the National Marine Fisheries Service.

NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is not within the near bottom edge of a Federal Channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

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, FL 33919 within 15 days from the date of this notice.

The decision whether to issue or deny this extension will be based on the information received from this public notice.

QUESTIONS concerning this application should be directed to the project manager, Steve Rabney, by electronic mail at Steven.J.Rabney@usace.army.mil.

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.

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.

WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401 (a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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.