SAJ-2021-02795 (SP-MLT)

Overall: Construct a multi-family residential community in Eastern Lee County, Florida.

EXISTING CONDITIONS: The proposed 342.68-acre project area consists of three (3) adjoining parcels adjacent to Owl and Trout Creek. According to the Florida Land Use, Cover and Forms Classification System (FLUCCS), land uses consist of the following: FLUCCS Code 211 (Improved Pastures), FLUCCS Code 211H (Improved Pastures – hydric), FLUCCS Code 422 (Brazilian Pepper), FLUCCS Code 427D (Live Oak, Disturbed), FLUCCS Code 428D (Cabbage Palm), FLUCCS Code 429 (Wax Myrtle), FLUCCS Code 434D (Hardwood – Coniferous Mixed, Disturbed), FLUCCS Code 510 (Streams and Waterways), FLUCCS Code 510D (Ditches), FLUCCS Code 524 (Lakes less than 10 acres which are dominant features), FLUCCS Code 618D (Willow Disturbed), FLUCCS Code 619BP (Hydric Brazilian Pepper), FLUCCS Code 630D (Wetland Forested Mixed, Disturbed), FLUCCS Code 641D (Freshwater Marsh, Disturbed), FLUCCS Code 740 (Disturbed Land), FLUCCS Code 743 (Spoil Area), FLUCCS Code 814 (Roads and Highways).  The surrounding area consist of North River Road to the north, undeveloped pastureland to the east and west, and the Caloosahatchee River to the south.

PROPOSED WORK: The applicant proposes to construct a residential community consisting of multi-family homes with an amenity center, roads, a surface water management system, and a 167.78-acre wetland/upland enhancement and restoration area. The proposed project would result in impacts to 16.70 acres of waters of the United States, including 13.52 acres of wetlands, 3.05 acres of other surface waters, and 0.13-acre of surface water.

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 has implemented practical design modifications to reduce and virtually eliminate all adverse impacts to the wetland functions provided by the higher quality wetlands and focusing unavoidable impacts to lower quality wetlands.  In addition to minimizing impacts to the higher quality wetlands on-site, the plan also minimizes impacts to the higher quality uplands on the property. Specifically, the preserve areas were designed to protect as much of the higher quality native upland habitat as feasible. As part of the site plan, native upland preserves are located adjacent to the proposed wetland preserves to be used by wetland dependent species which utilize uplands for nesting and denning, as well as providing buffers to the wetlands. The site plan also minimizes impacts to listed species found on-site. The larger and higher quality wetlands on-site are being preserved and enhanced for utilization by listed wading birds. The preserve areas will be enhanced through the removal of exotics and planting with native vegetation to improve their functions for wildlife.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant proposes on-site mitigation resulting in the enhancement and preservation of 66.50 acres of wetlands which would be placed under a conservation easement. The remaining upland and wetland preserves (40.09 acres of wetlands and 61.19 acres of uplands) are not being utilized as mitigation but would be enhanced and placed in a conservation easement.

CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 is located within the consultation areas for the West Indian manatee (Trichechus manatusand), Smalltooth sawfish (Pristis pectinate), Florida bonneted bat (FBB) (E. floridanus), Red-cockaded woodpecker (RCW) (Leuconotopicus borealis), Florida scrub jay (Aphelocoma coerulescens), Audubon’s crested caracara (Caracara plancus cheriway), American crocodile (Crocodylus acutus), Wood stork (Mycteria americana), and the Eastern indigo snake (Drymarchon couperi).

The Corps is evaluating any effects to the above listed species. The Corps will request U.S. Fish and Wildlife Service and National Marine Fisheries Service concurrence with determinations pursuant to Section 7 of the Endangered Species Act under separate cover if necessary.

NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 220 feet away from the near bottom edge of the Caloosahatchee River. However, at this time the Corps has not determined the impacts to navigation on any local navigation channels.

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 initial determination 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.

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 through the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida, 33919, or by email at Michael.L.Taylor@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, Michael Taylor, by electronic mail at Michael.L.Taylor@usace.army.mil, or in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Fort Myers, Florida 33919. 

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: Water Quality Certification will be required from the South Florida Water Management District (SFWMD Application No. 231030-41053).

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.