SAJ-2024-00911(SP-SMW)

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 wetlands and other jurisdictional waters on an undeveloped parcel. The project site is located along the northeast side of Tamiami Trail East, in Section 18, Township 51 South, Range 27 East, Collier County parcel ID 00763360003.

Directions to the site are as follows: From I-75, head south on Collier Boulevard. Turn left on U.S. 41 and head southeast. Then turn left on Greenway Road and the Project is located on the eastern side, on the corner of U.S. 41 and Greenway Road.

PROJECT PURPOSE:  Basic: The applicant states the basic project purpose is to develop a residential community.

Overall: The applicant states the overall project purpose is to develop an economically viable residential community with access to existing public utilities and located near schools, hospitals, and other public amenities in southeast Collier County.

EXISTING CONDITIONS: The water of the United States on site consists of 9.67 acres of exotic wetland hardwoods and 0.43 acres of jurisdictional waters consisting of man- made ditches. The onsite vegetation of this disturbed wetland habitat is dominated by earleaf acacia, West Indian almond, and melaleuca (Melaleuca quinquenervia), with occasional bald cypress (Taxodium distichum) and cabbage palm. The sub-canopy also consists primarily of earleaf acacia and West Indian almond. The ground cover contains scattered swamp fern (Telmatoblechnum serrulatum) and buttonbush (Cephalanthus occident). The existing area surrounding the project area consists of agricultural, commercial, and residential developments.

• Placement of fill into approximately 6.5 acres of wetlands for ground leveling to build residential structures and attendant features; and
• Placement of fill into 0.33 acres of jurisdictional man-made ditches for ground leveling for construction of a parking lot.

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 states multiple site plans have been created in an effort to reduce and minimize impacts to wetlands and waters on-site.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant states that compensatory mitigation will be provided through the purchase of wetland mitigation bank credits.

CULTURAL RESOURCES:  The Corps is aware of recorded historic resources, US-41 and the Tamiami Canal, 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 Corps has determined the proposed project may affect the Florida Bonneted bat and Florida Panther or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

ESSENTIAL FISH HABITAT (EFH): This notice does not include consultation with the National Marine Fisheries Service on EFH, as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996, as the project area is inland and not in the vicinity of waters that can provide such habitat.

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 through the Technical Regional Execution Center on behalf of the Fort Myers Permit Section, 600 Vestavia Parkway, Suite 203, Vestavia Hills, Alabama, 35216 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, Sarah Whorton, in writing at the Technical Regional Execution Center on behalf of the Fort Myers Permits Section, 600 Vestavia Parkway, Suite 203, Vestavia Hills, Alabama, 35216; by electronic mail at Sarah.M.Whorton@usace.army.mil; by telephone at (205)767-4912.

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 may be required from the Florida Department of Environmental Protection (FDEP).

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.