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: Chipola Land Group, LLC
5800 Lakewood Ranch Blvd.
Sarasota, FL 34240
WATERWAY AND LOCATION: The project would affect wetlands and open water associated with the Orange River Watershed. The project site is located at the east side of State Road 31, approximately 0.2 mile north of the intersection of State Road 31 and State Road 80, near Fort Meyers, Lee County, FL (Section 30, Township 43 South, Range 26 East).
Directions to the site are as follows: From Ft. Meyers take State Road 80 east, turn left on State Road 31 for approximately 0.2 miles. The site is on the east side of State Road 31 (Exhibit 1).
APPROXIMATE CENTRAL COORDINATES: Latitude 26.707981
Longitude -81.758061
PROJECT PURPOSE:
Basic: Residential Development
Overall: The overall project purpose is to construct a moderately sized (approximately 100 acres) single-family residential development in eastern Lee County.
EXISTING CONDITIONS: The Project site is an approximately 89-acre parcel supporting undeveloped forested and herbaceous uplands and wetlands with varying degrees of exotic vegetation, including melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolia), Java plum, (Syzygium cumini), and common bamboo (Bambusa vulgaris). Portions of the site were previously disturbed by historical development activities and agricultural use. Wetlands constitute a total of 22.77 acres or approximately 25.6 percent of the project. Other surface waters (OSW) within the Project total 12.52 acres or approximately 14.1 percent (Exhibit 2).
The prominent wetland features within the project site include mixed wetland hardwood and disturbed willow areas. Vegetative surveys following the nomenclature of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) Levels III and IV (Florida Department of Transportation 1999). The wetland habitats located on-site include Melaleuca, Hydric (FLUCFCS Code 4241); Cabbage Palm, Hydric, Disturbed (FLUCFCS Code 4281); Mixed Wetland Hardwoods, Disturbed (FLUCFCS Code 6179); Willow, Disturbed (FLUCFCS Code 6189); Exotic Wetland Hardwoods (FLUCFCS Code 619); Cypress, Disturbed (FLUCFCS Code 6219); and Freshwater Marsh (FLUCFCS Code 6419). The wetlands have been impacted by varying amounts of infestation of exotic species, including but not limited to, melaleuca and Brazilian pepper.
Approximately 17.83± acres or 78.3 percent of the wetlands found within the project site are disturbed with greater than 50 percent coverage by exotic plant species (Exhibit 4).
Surrounding land uses includes undeveloped, forested lands and single-family residential development to the north; single-family residential development to the east; cleared lands and a gas station to the south; and State Road 31 to the west.
PROPOSED WORK: The applicant seeks authorization to discharge fill into approximately 5.96 acres of wetlands and 12.52 acres of open water associated with the construction of residential development. The proposed project includes the development of a residential community with associated roadways, preserve areas, surface water management system, utilities, and other associated infrastructure (Exhibit 5).
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 proposed site plan has been designed to avoid and minimize wetland impacts by locating the majority of the development footprint within upland areas on-site and within previously disturbed habitat such as the on-site improved pasture area.
The majority of the wetlands proposed for impact have been degraded by exotic vegetation infestation and altered hydrology, and experience geographic and hydrologic isolation from the more extensive regional wetland system.
The site plan has been designed to preserve 24.57 acres of habitat on-site and includes 16.81± acres of wetlands and 7.76 acres of uplands (Exhibit 3). The on-site preserve will preserve and protect 74 percent of the on-site wetland areas.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To provide consistency with the Corps’ 2008 Compensatory Mitigation Rule, the proposed compensatory mitigation plan for the project includes the purchase of wetland mitigation credits from an approved wetland mitigation bank.
To assess the functional value of the proposed wetland impact areas, a Little Pine Island Functional Assessment analysis was conducted for the project. According to the analysis, a total of 2.98 mitigation credits from Little Pine Island Mitigation Bank would be required to offset the wetland functional loss associated with project construction.
Although not utilized for compensatory wetland mitigation purposes, the project would enhance, preserve, and protect a 24.57-acre on-site preserve area comprised of 16.81 acres of wetlands and 7.76 acres of upland areas. Enhancement activities would include the treatment and removal of exotic vegetation from the preserve area. Within areas that contain greater than 50 percent cover by exotic vegetation, low impact mechanical equipment may be utilized to conduct the removal of exotic vegetation. Following the removal of exotics, supplemental plantings would be installed in areas that previously contained greater than 50 percent cover by exotic vegetation.
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:
The Corps has determined the proposal may affect the Florida bonneted bat (Eumops floridanus) and may affect, but is not likely to adversely affect, the eastern indigo snake (Drymarchon couperi) and wood stork (Mycteria americana). 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 project area is not associated with impacts to marine or estuarine environments. No potential impacts to EFH are proposed or expected.
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 Los Angeles District, Ventura Field Office, Attn: Antal Szijj, 60 South California Street, Suite 201, Ventura, CA 93001 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, Antal Szijj, in writing at the Los Angeles District, Ventura Field Office, 60 South California Street, Suite 201, Ventura, CA 93001; by electronic mail at antal.j.szijj@usace.army.mil; or, by telephone at (805) 320-6247.
IMPACT ON NATURAL RESOURCES: Coordination with the 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 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: The permit applicant has applied for Water Quality Certification from Florida Department of Environmental Protection (FDEP).
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.