SAJ-2022-00021 (SP-JPF)

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 associated with Pelican Bay/Hurricane Pass. The project site is located at 980 Prescott Street, Section 13, Township 46 South, Range 23 East, in the vicinity of south Fort Myers and Fort Myers Beach, Lee County, Florida.

Directions to the site are as follows (from the Corps’ Fort Myers Regulatory Office): Turn right onto Summerlin Road (8.8-miles), turn left onto Pine Ridge Road (0.9-miles), turn left onto Florida 865 (1.8-miles), turn right onto Prescott Street (250-feet), and the property will be immediately on the left, between San Carlos Court and Prescott.

PROJECT PURPOSE: Basic:  Residential development

Overall:  Construct a multi-family housing development in the vicinity of south Fort Myers and Fort Myers Beach

EXISTING CONDITIONS:  The wetland system consists of 1.51 acres of red and black mangroves with some Brazilian pepper. The parcel also has a 0.03-acre area identified by the applicant as uplands, dominated by Brazilian pepper. The onsite wetlands are separated from the mangroves and tidal waters to the north by Prescott Street. The area surrounding the project area consists of single-family lots north of Prescott Street currently vegetated by mangroves, existing residential development to the south and west, and residential and commercial development on the east side of San Carlos Boulevard.

PROPOSED WORK:  The applicant seeks authorization to discharge fill material into 0.95 acre of mangrove wetlands for the construction of a multi-family residential development, including associated infrastructure.

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 provided an analysis of offsite alternatives that indicated that the proposed project was the only practicable alternative. Onsite, the applicant reduced the area of impact from the 1.13 acres proposed in the original application to 0.95 acre, and has proposed to preserve the avoided 0.57 acre of mangroves with a conservation easement. The applicant states that the proposed fill is the minimum necessary to accomplish the goals of the project.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has proposed to purchase federal saltwater forested mitigation credits from the Little Pine Island Mitigation Bank (SAJ-1994-00037).

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES: The project has suitable habitat for the eastern indigo snake, and is within the consultation area for the Florida bonneted bat. Eastern indigo snake: The project impacts approximately 0.95 acre of potential eastern indigo snake habitat (mangrove swamp). The Corps permit, if issued, will include standard protection measures. The Corps is not aware of any sightings of eastern indigo snakes within the project area, nor of any holes, cavities, gopher tortoise burrows, or other underground refugia. Use of August 1, 2017, effect determination key for the eastern indigo snake in south Florida resulted in an effect determination of ‘may affect, not likely to adversely affect, no further consultation required’ (A-B-C-D) and gave programmatic concurrence for the eastern indigo snake.

Florida bonneted bat: The applicant did not provide sufficient information for the Corps to make an effect determination for the bonneted bat. The Corps will request this information from the applicant, review the potential impacts with the October 22, 2019, effect determination key for the bonneted bat, and coordinate as necessary with the U.S. Fish and Wildlife Service.

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. The proposal would impact approximately 0.95 acre of mangrove habitat utilized by various life stages of reef fish, coastal migratory pelagics, shrimp, and other species in the Gulf Mexico. Our initial determination, based on the lack of connectivity between the impacted resources and the nearby estuarine waters is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico.  Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

Navigation: The proposed activity is not located in the vicinity of a federal navigation 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 not 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 either through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610-8300, or via email to john.p.fellows@usace.army.mil, within 30 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, John Fellows, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610-8300; by electronic mail at john.p.fellows@usace.army.mil; or, by telephone at (813) 769-7070.

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.

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: Water Quality Certification may be required from the South Florida Water Management District.

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.