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: David Torres
7742 Alico Road
Fort Myers, Florida 33912
AGENT: Ramsey Fisher
13620 Metropolis Avenue
Fort Myers, Florida 33912
WATERWAY AND LOCATION: The project would affect waters of the United States (freshwater wetlands). The project site is located at 15435 Tamiami Trail East, Section 18, Township 51 South, Range 27 East, Naples, Collier County, Florida.
Directions to the site are as follows: From I-75, travel south on Collier Boulevard. Turn left on US41 and travel southeast for approximately 4.3 miles. The project location is on the north side of US 41.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.0315°
Longitude: -81.6429°
PROJECT PURPOSE:
Basic: To provide housing
Overall: To provide multi-family housing in southeast Collier County.
EXISTING CONDITIONS: The proposed project is located on an undeveloped 58.22-acre parcel containing 22.29 acres of freshwater wetlands. The primary plant community on site is indicative of a disturbed wetland habitat, occupied by cypress/pine/cabbage palm complex but dominated by invasive species. Adjacent parcels consist of agricultural land, pasture, and industrial development.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 16.37 acres of freshwater wetlands and 0.72 acre of other waters to facilitate the construction of a multi-family residential development and attendant features.
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: “In general, multiple site plans have been created in an effort to reduce and minimize impacts to wetlands and waters on-site” and “On-site preservation totals 13.06± acres and is comprised of 5.92± acres of wetlands, 0.02± acre of Waters, and 7.12± acres of uplands.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “Compensatory mitigation will be provided through the purchase of wetlands mitigation bank credits” and “Based on the UMAM analysis, the functional loss associated with the proposed wetland impacts totals 5.24 units…To offset this functional loss, the applicant proposes to purchase 5.24 wetland credits from a wetland mitigation bank. As such, the proposed wetland mitigation plan will compensate for the
functional loss associated with the proposed wetland impacts.”
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: Eastern indigo snake (Drymarchon couperi): The Corps has completed an evaluation of the impacts the work may have on the Eastern indigo snake. The Corps utilized the Eastern Indigo Snake Programmatic Effect Determination Key dated August 1, 2017 (Indigo Snake Key). Use of the Indigo Snake Key resulted in the following sequential determination: A > B > C > D; “not likely to adversely affect” (NLAA) since the project area has no known holes, cavities, active or inactive gopher tortoise burrows, or other underground refugia where a snake could be buried, trapped, and/or injured during project activities and the applicant has elected to implement the US Fish and Wildlife Service Standard Protection Measures for the Eastern Indigo Snake (2013). The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination key.
Florida Panther (Puma concolor coryi): The Corps has completed an evaluation of the impacts the work may have on the Florida Panther. The Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and State of Florida Panther Effect Determination Key, February 19, 2007 (Panther Key). Use of the Panther Key resulted in the following sequential determination: A > C “may affect” (ME) since the project is located within the Florida panther focus area and is greater than one acre. The Corps will request formal consultation on this species from the US Fish and Wildlife Service via a separate letter.
The Corps is still evaluating potential impacts to the Crested caracara (Caracara plancus audubonii), Florida bonneted bat (Eumops floridanus), Red-cockaded woodpecker (Picoides borealis), Florida prairie-clover (Dalea carthagenensis floridana), Miami blue butterfly (Cyclargus thomasi bethunebakeri), Tricolored bat (Perimyotis subflavus), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida leafwing butterfly (Anaea troglodyte floridalis), Bartram’s hairstreak butterfly (Strymon acis bartrami), and Eastern black rail (Laterallus jamaicensis spp. jamaicensis) and will request consultation with USFWS as appropriate.
The Corps has determined that the project would have no effect on green sea turtle (Chelonia mydas), Gulf sturgeon (Acipenser oxyrinchus desotoi), and loggerhead sea turtle (Caretta caretta), due to the absence of suitable habitat for these species within the project area.
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 northern portion of the project’s jurisdictional line was previously verified by Corps personnel.
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 not impact essential fish habitat. 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.
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 via email to kristopher.d.maedke-russell@usace.army.mil or in writing to Kristopher Maedke-Russell at the South Atlantic Division Technical Regional Execution Center, 100 West Oglethorpe Avenue, Savannah, Georgia 31401, 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.
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, pursuant to Section 401 of the Clean Water Act, because the activity involves the discharge of fill material into waters of United States
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.