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:
APPLICANT: Hogan Farms, LLC
c/o David Genson
2600 Golden Gate Parkway
Naples, FL 34105
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Corkscrew Swamp watershed. The project site is located 0.4 miles west of the intersection of Everglades Boulevard and Immokalee Road, in Sections 18 and 19, Township 48 South, Range 28 East, Naples, Collier County, Florida.
Directions to the site are as follows: Take I-75 to Exit 111; head 17.5 miles east on Immokalee Road and the agricultural driveway into the property is on the north side of Immokalee Road. The Collier County Property Appraiser identifies the site address as 21005 Immokalee Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.376736
Longitude -81.556880
PROJECT PURPOSE:
Basic: Residential commercial development.
Overall: The construction of a master-planned mixed-use community in east Collier County.
EXISTING CONDITIONS: The 681.5-acre parcel abuts Immokalee Road and undeveloped land along its southern border. The western parcel limit abuts the Red Hawk Lane and rural residential land; and the northern and eastern limits abut uplands and wetlands associated with Corkscrew Swamp. The wetland areas within the site is comprised of approximately 0.9 acres of cypress (Taxodium distichum) forested wetland and 21.1 ac of hydric improved pasture. There are two Brazilian pepper (Schinus terebinthifolius)-dominated retention areas (7.1 total acres) within the on-site row-crop agricultural fields. Uplands include row crops (633.9 ac), improved pasture (14.0 ac), and Brazilian pepper (4.5 ac).
PROPOSED WORK: The applicant seeks authorization to discharge 112,300± cubic yards of fill within 17.42 ac of freshwater primarily herbaceous wetlands and to excavate 146,500± cy of material from 4.54 ac of freshwater herbaceous wetlands in order to construct approximately 324 acres of residential development, 117 acres of mixed-use residential/commercial/utility development, 163 acres of water management lake, and 77 acres of open space and community park.
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 discharge of dredged or fill material may be permitted if appropriate and practicable steps have been taken, which will minimize potential adverse impacts of the discharge on the aquatic ecosystem. Avoidance should be considered first, and then minimization only if avoidance is not practicable.
The applicant first considered alternative site locations for the permitted impacts and alternative configurations on site to reduce permitted impacts. The applicant analyzed the practicability of ten parcels, including the availability, cost, and logistics associated with developing an alternative site, and whether the alternative satisfied the overall Project purpose. Following the practicability analysis, four practicable alternatives were identified, including a no action alternative. The applicant then analyzed these four alternatives for their impacts to the aquatic ecosystem and their impacts on other environmental resources. Based on this analysis, the applicant concluded that the preferred alternative is the least environmentally damaging practicable alternative.
Brightshore Village follows the rural planning strategy adopted for the Collier County RLSA overlay, which is specifically designed to minimize impacts of development to natural systems. The County has identified certain lands within the RLSA that have low natural resource value and as suitable for development of new communities under the RLSA Program. Under the RLSA Program, new communities can only be established on privately owned lands that meet specific suitability criteria and cannot occur on lands which are designated as FSAs or HSAs. During the development of the RLSA Program, natural resources, including wetlands and listed species habitat, were identified and mapped on a regional scale. FSAs are primarily wetlands located within the Camp Keais Strand and Okaloacoochee Slough, establishing the primary wetland flow-way systems in the RLSA. HSAs include lands whose natural characteristics make them suitable habitat for listed species, and also include lands which are contiguous to the listed species habitat and form a continuum of landscape that could improve listed species habitat values.
Areas that have minimal ecological significance, such as the subject property, were designated as open in the RLSA. To direct development away from areas of higher natural resource value, the open areas act as receiving areas for density and development, and the HSAs and FSAs are used as sending areas. As such, the applicant is furthering the purposes of Section 230.10(d) by participating in and complying with the requirements of the RLSA Program, including by focusing development within open areas and away from HSAs and FSAs. The RLSA Program requires an applicant to avoid impacts to significant wetlands and listed species habitat by directing development away from HSAs and FSAs.
In addition, the applicant considered design alternatives for the Project to further minimize the discharge of dredged or fill material to regulated wetlands. The applicant analyzed alternative configurations within the site and has reduced the overall impacts to aquatic resources and wildlife habitat. The impacts that will occur primarily involve aquatic areas that are degraded and have minimal or low aquatic functions. The site plan was designed to utilize the existing and permitted agriculture fields for the construction of the Project, and to minimize discharges to natural wetland habitats.
The regulated discharge to wetlands is primarily limited to construction of the County utility facility, surface water management facilities, residential and mixed-use improvements, roads, and a linear park trailhead.
Proposed construction of Brightshore Village will require the discharge of fill material in 17.42 acres of jurisdictional wetlands. In addition, construction of the Project will require the excavation of 4.54 acres of jurisdictional wetlands. The regulated discharge to wetlands is almost entirely limited to the lower quality wetlands which are part of historical agricultural operations.
To further avoid and minimize potential adverse effects of the project on adjacent uplands and wetlands of significantly greater functional value to the north and east of Brightshore Village, the Project includes an approximately 300-foot-wide linear lake buffer and passive recreational trail along approximately 80% of the northern, eastern, and western Project limits (approx. 1.9 continuous miles). The lake and trail will physically separate proposed residential and commercial uses from surrounding wetlands and wildlife habitat – minimizing potential Project effects on these resources.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The Brightshore Village mitigation plan proposes protecting and managing approximately 589 acres of these wild lands that include both panther compensation in primary panther habitat and wetland mitigation. For lands serving as both wetland mitigation and panther habitat compensation, the proposal includes recording a conservation easement, eradicating invasive vegetation, planting appropriate native plants as needed to fill in voids left after invasive species eradication, and maintaining invasive species below 5% cover in perpetuity.
The Applicant’s proven track record in performing successful mitigation in this area and the environmental value of the proposed mitigation further supports the notion that the proposal is environmentally preferable. Several similar wetland mitigation and panther habitat compensation areas in the wild lands have already been established, monitored for success, and released from further monitoring by the regulatory agencies, reducing the risk associated with successful implementation of this proposal. Moreover, given the short time it typically takes to eradicate invasive species and plant native species to satisfy success criteria, the temporal lag between impact execution and mitigation success will be minimal. In addition to augmenting regional existing owner-responsible mitigation, the proposed mitigation plan will complement the ecological benefits provided by the adjacent Florida Panther National Wildlife Refuge. Therefore, given the regional benefit, nominal risk, and minimal temporal loss, the proposed off-site mitigation plan is environmentally preferable, as compared to other mitigation options (e.g., mitigation bank, in-lieu fee program, or permittee-responsible mitigation on site).
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.
The applicant has offered the following overview of a prior on-site cultural resource impact assessment, resulting findings of no effect on cultural resources, and subsequent concurrence from the State Historic Preservation Officer (SHPO):
Archaeological Consultants, Inc. conducted an on-the-ground assessment of the property and generated a report of their findings. In summary, their investigation found no historical structures listed or considered eligible or potential eligible for the NRHP were found within the property. Subsequently, SHPO issued a letter dated May 20, 2022 concurring with “the presented survey results recommendations and findings that the proposed project will have no effect on historic properties listed, or eligible for listing, in the NRHP, or otherwise of historical, archaeological, or architectural value within the surveyed APE.”
ENDANGERED SPECIES:
The Corps has determined the proposed project is not likely to adversely affect the Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Effect Determination Key (dated August 1, 2017), the Corps determination sequence resulted in A > B > C > D > E > NLAA. The Permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated March 23, 2021).
The Corps has determined the proposed project is not likely to adversely affect the wood stork (Mycteria americana). Based on the Wood Stork South Florida Programmatic Concurrence key (dated May 18, 2010), the Corps determination sequence resulted in A > B > C > D > E > NLAA. The Permittee agrees to provide suitable foraging habitat compensation in accordance with CWA section 404(b)(1) guidelines, provide habitat compensation within the appropriate core foraging area, and assure the compensation replaces the foraging value lost as a result of the proposed project.
The Corps has determined the proposed project may affect the Florida panther (Puma concolor coryi). This determination was made utilizing the USFWS Florida Panther Effect Determination Key, A>C = “may affect”. The project is located within the Panther Focus Area and is greater than 1-acre. The project is located within both Primary and Secondary Zones. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the project may affect the Florida bonneted bat (Eumops floridanus). The project is located within the consultation area of the bat. Furthermore, the project site is 5 acre or greater and includes more than 1 acre (alone or combined) of the following FBB habitat types: upland or wetland forest; upland or wetland shrub; or open freshwater wetlands. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the project may affect, but is not likely to adversely affect, the Audubon’s crested caracara (Polyborus plancus audubonii) based upon the affect determination chart within the 2002 Draft Standard Local Operating Procedures for Endangered Species, Audubon’s Crested Caracara. The project was coordinated with U.S. Fish and Wildlife Service (USFWS) in January 2022 and approval of the observation stations and survey protocol was received on 10 January 2022. Species specific surveys were conducted within the project, and in applicant-owned property within 4,920 feet of the project, during the 2022, 2023, and 2024 caracara nesting seasons. Although the project is located within the consultation area of the caracara, and suitable nesting habitat is located in improved pasture within the 4,920 foot survey zone adjacent to the project, no nesting behavior was observed during any of the three surveys. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida scrub-jay (Aphelocoma coerulescens) or its designated habitat. The proposed project is within the consultation area for the Florida scrub-jay. No habitat types utilized by Florida scrub-jays are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Everglades snail kite (Rostrhamus sociabilis plumbeus) or its designated critical habitat. The proposed project is within the consultation area for the snail kite. No habitat types utilized by the Everglades snail kite are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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. 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 through the Fort Myers Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207 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 Ornella II, in writing at the Fort Myers Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Michael.Ornella@usace.army.mil; or, by telephone at (904)232-1498.
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 Southwest 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.