SAJ-2024-01216 (SP-RWF)

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 the Cocohatchee River and Main Golden Gate Canal Basins. The Tranquility Lakes (Project) site is located in Sections 25, 35, and 36; Township 47 South; Range 27 East, and Sections 1 and 2; Township 48 South; Range 27 East, in Collier County, Florida. More specifically, the Project is located east of Immokalee Road, approximately one mile north of Oil Well Road in Cape Coral, Collier County

Directions to the site are as follows:  From Exit 111 on Interstate 75, proceed approximately 12 miles east on Immokalee Road (SR 846). The Project is located on the east side of Immokalee Road.

PROJECT PURPOSE:  Basic:  The basic purpose of the proposed Project is to construct a residential development.

Overall:  The overall purpose of the Project is to construct an economically viable residential development in the Rural Fringe Mixed Use area of Collier County.

EXISTING CONDITIONS:  The existing land uses of the project site include mining, pastures, and row crop operations. Undeveloped portions of the site contain native upland and wetland habitats, with varying degrees of exotic infestation. The wetland systems consist of disturbed cypress, wet prairies, freshwater marsh, and mixed wetland forest. The “other surface waters” (OSW) consist of earth mine, lakes, ditches, and reservoirs. The property is bordered to the north by SR 846, low-density residences, and agriculture fields; to the south and east by Golden Gate Estates drainage canals and residential development; and to the west by SR 846 and Corkscrew Regional Ecosystem Watershed conservation lands.

PROPOSED WORK:  The applicant seeks authorization to construct a residential development with authorization to discharge dredge or fill material into waters of the United States. The proposed wetland impacts total 45.77 acres, which would include the discharge of dredged or fill material into 20.26 acres of wetlands and the excavation of 25.51 acres of wetlands. The Project would also impact 146.72 acres of open waters. These impacts would be primarily from the construction of roads, utilities, graded slopes along the perimeters of development areas, and stormwater-management lakes, and these are illustrated in the attached site plans.

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:  To avoid impacts to high natural resource value lands, the rural land planning strategy adopted for the Collier County Rural Fringe Mixed Use District (RFMU) was utilized. Collier County has designated certain lands within the RFMU as Receiving Lands and Sending Lands. Receiving Lands have low natural resource value and are suitable for development of new communities; while Sending Lands which have high-value natural resources that make them suitable for preservation. The project avoids Sending Lands and directs development towards lands with a lesser degree of environmental or listed species habitat value.

Additionally, several design alternatives were considered for the Project, to further minimize discharge of dredged and fill material into regulated waters. The site plan was designed to utilize existing agricultural fields, mined lands, and low-quality wetland habitats for the planned development. The majority of wetland impacts are associated with low-quality wetlands previously impacted by agricultural and mining activities. The Project directs wetland impacts away from the large interconnected, high-quality wetland system located on the north and west sides of the site. A 25-foot upland/structural buffer is being provided for preserved wetlands, except in locations where wetlands are proposed for direct impact, as a result of site-plan constraints.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  As mitigation for the proposed wetland impacts, a total of 152.8 acres of wetlands with varying degrees of exotic infestation will be enhanced by the removal and treatment of exotic vegetation and the installation of supplemental plantings.

The mitigation area will be placed under a conservation easement granted to the South Florida Water Management District and Collier County, with third-party enforcement rights granted to the Corps and the U.S. Fish and Wildlife Service (USFWS).

CULTURAL RESOURCES:  A cultural resource assessment survey for the project site was conducted by Archaeological and Historical Conservancy, Inc. (AHC) in June 2020. The survey identified four cultural resources during the survey, with one resource (Historic Site 8CR811) potentially eligible for listing in the National Register of Historic Places (NRHP). Historic Site 8CR811 is located within the proposed preserve area and will not be impacted by development activities. Per the Concurrence Letter, issued by the Florida Department of State Division of Historic Resources (DHR) on November 19, 2020, with the avoidance of Historic Site 8CR811 the Project will have no adverse effect on cultural resources listed, or eligible for listing, in the NRHP.

ENDANGERED SPECIES:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the Everglade snail kite (Rostrhamus sociabillis plumbeus), crested caracara (Polyborus plancus audubonii), Florida bonneted bat (Eumops floridanus), tri-color bat (Perimyotis subflavus), and Wood stork (Mycteria americana). 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 eastern indigo snake (Drymarchon corais couperi) and Florida panther (Puma concolor coryi). The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposal would have no effect to any other listed threatened or endangered species or designated critical 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 boundaries of aquatic resources located on the project site have 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 Albuquerque District, Northwest Colorado Branch at 400 Rood Avenue, Room 224, Grand Junction, Colorado 81504, or via electronic mail to spa-rd-co@usace.army.mil. Comments should be submitted within 21 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, Mr. Robert Frank, in writing at the Albuquerque District, Northwest Colorado Branch, 400 Rood Avenue, Room 224, Grand Junction, Colorado 81504; by electronic mail at Robert.W.Frank@usace.army.mil; or, by telephone at (970) 243-1199 Extension 1017. 

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.

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 for the Project has been provided via the issuance of South Florida Water Management District (SFWMD) Resource Permit No. 11-106362-P.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the state approval constitutes compliance with the approved 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.