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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: School Board of Lee County
3308 Canal St
Fort Myers FL 33916
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Estero River Watershed. The project site is located at 17250 State Road 82, Fort Meyers FL 33913.
Directions to the site are as follows: From I-75 proceed east on SR-82 to Green Meadow Road. The parcel is located south of SR-82 and east of Green Meadow Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.56049°
Longitude: -81.67338°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct an educational facility.
Overall: The overall project purpose to construct an educational facility and associated infrastructure on vacant land in Lee County, FL.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite vegetation consists of varying levels of invasive vegetation. The wet prairie habitats are dominated by torpedograss (Panicum repens) and Wright’s nutrush (Scleria lacustris). The wetland scrub habitats are dominated by water lettuce (Pistia stratiotes). Coastalplain willow (Salix caroliniana) forested habitats comprise some of the wetlands onsite and have resulted in part from prolonged fire suppression. The existing area surrounding the project site consists of sparse residential development and agriculture.
PROPOSED WORK: The applicant seeks authorization to impact 64.57 acres of wetlands, by placing approximately 241,425 cubic yards of fill and excavating approximately 230,960 cubic yards onsite to construct an Educational facility and 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:
During the project design, efforts were made to avoid and minimize impacts to wetlands and listed species habitat to the extent practicable. Based on the project size, site layout, and future roadways proposed within portions of the property, total avoidance of wetland impacts is not practicable. The site design has allowed for the enhancement (exotic vegetation removal) and preservation of 12.64 acres of existing wetlands and uplands in the southeast portion of the site. Exotic vegetation will be removed from these areas during construction. Further, the surface water impacts will be replaced by the proposed pond sites and storm water management system, which will be regularly maintained to control exotic vegetation and provide continued habitat value for wildlife.
Appropriate best management practices (BMPs) will be implemented to minimize impacts to water quality. Appropriate erosion control devices, such as hay bales, silt fencing, turbidity barriers, etc. will be utilized to reduce soil erosion and turbidity. These devices will remain in place until soils onsite are stabilized. Construction equipment will consist of bulldozers, backhoes, graders, and other commonly used machinery. Contractors will be required to properly maintain all equipment such that releases of fuels, lubricants and other pollutants will be minimized to the greatest extent possible.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The proposed 21.56 units of functional loss from wetland impacts will be offset through onsite and offsite mitigation. Onsite mitigation will include the enhancement and preservation of 14.93 acres of wetlands, 0.88 acres of surface waters, and 0.63 acres of uplands near the southeast portion of the site. The remaining functional loss from the proposed impacts will be offset through the purchase of 20.57 wetland credits from Panther Island Mitigation Bank (PIMB).
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 Corps has determined the proposed project may affect, but is not likely to adversely affect the Everglades snail kit (Rostrhamus socialilis plumbeus), the Wood Stork (Mycteria americana), the Florida Bonneted Bat (Eumops floridanus) or its designated critical habitat. 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 may affect the Crested caracara (Caracara plancus audubonii) and Florida Panther (Puma concolor coryi) or its designated critical habitat. The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
ESSENTIAL FISH HABITAT (EFH): The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The Corps reviewed the National Oceanic and Atmospheric Administration (NOAA) South Atlantic Essential Fish Habitat Mapper an no EFH were mapped within the vicinity of the proposed project area. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.
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, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410, catrina.n.frey@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, Catrina Frey, in writing at the Technical Regional Execution Center, at the address above; by electronic mail at catrina.n.frey@usace.army.mil; or, by telephone at (305)484-7406.
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.
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 (SFWMD).
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.