SAJ-2024-02291 (SP-DND)

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 Spring Creek-Estero Bay.  The project area is located on the East side of Rodas Drive, 0.59 miles NE of the intersection of Strike Lane and Rodas Drive in 15 Section, 047S Township, 025E Range, in Bonita Springs, Lee County, Florida.

Directions to the site are as follows: Take exit 116 off Interstate 75. Continue west until Imperial Parkway, take a left at Imperial Parkway. Go north. At East Terry Street take a left. Take a right at the roundabout and continue north until Strike Lane. Take a right onto Strike Lane. Rodas Drive will be on the left.

PROJECT PURPOSE:  Basic:  Residential Development.

Overall:  Single-family residential housing, driveway, and drain field in Bonita Springs, Florida.

PROPOSED WORK:  The applicant requests authorization to discharge 1.531 cubic yards of fill material within 1.25 acres of wetlands.

EXISTING CONDITIONS: The Lokahi Ventures Development projects is an approximately 1.25-acre site in Lee County. The project is located within parcel 10278686. The site is an undeveloped vacant lot within a residential community. The project site consists of Bald Cypress (Taxodium distichum), Slash pine (Pinus elliottii), Earleaf acacia (Acacia auriculiformis), paperbark (Melaleuca quinquenervia), Laurel Oak (Quercus laurifolia), and Sabal  palmetto.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Minimization of impacts will be performed by utilizing area strictly for a straightened driveway, septic and residence.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: 0.20 Credits will be purchased through Panther Island Expansion.

CULTURAL RESOURCES: Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:  No resources listed in or eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work; however, the permit area has not been formally surveyed for the presence of cultural resources. Additional work may be necessary to identify and assess any cultural resources that may be present. This notice serves as a request to SHPO, THPO, and/or other interested parties to provide any information they may have regarding historic properties.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake (Drymarchon couperi), Florida bonneted bat (Eumops floridanus), and tricolored bat (Perimyotis subflavus) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the project would have no effect on the following ESA-listed species within range of the project because there is no suitable habitat: American alligator (Alligator mississippiensis), Green sea turtle (Chelonia mydas), Threatened; Gulf Sturgeon (Acipenser oxyrinchus (=oxyrhynchus) desotoi), Threatened; Leatherback sea turtle (Dermochelys coriacea), Endangered; Hawksbill sea turtle (Eretmochelys imbricata), Endangered; Woodstork (Mycteria americana), Threatened.

This notice serves as request to U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.  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 and 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 structure or 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.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (DEP).

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.

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.

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.  A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: 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.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until PN Expiration Date. Comments should be submitted to Davielle  Drayton at davielle.n.drayton@usace.army.mil.  Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Davielle  Drayton, 100 W Oglethorpe Ave Savannah, Georgia 31401.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.