SAJ-2008-02431 (SP-MAO)

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 aquatic resources associated with the Shaggy Cypress Swamp and Camp Keais Strand.  The project site is located at approximately 5870 County Road 858, to the north and south of the roadway in Sections 1-3, 10-15, 22-27, and 34-36, Naples, Collier County, Florida.

Directions to the site are as follows:  From I-75, take Exit 111 to Immokalee Road (County Road 846) and head east for approximately 3.4 miles. Turn right on Oil Well Road (County Road 858) to the intersection with Oil Well Grade Road. The project site is located north and south of the intersection.

PROJECT PURPOSE: Basic:  Construction of a mixed-use community.

Overall: Construction of a master planned, mixed-use community within eastern Collier County.

EXISTING CONDITIONS:  The project site consists of approximately 10,148.02 total acres. Freshwater wetland systems comprise approximately a total of 4,490.66 acres or approximately 44 percent of the project site. The on-site wetlands are generally forested and are dominated by cypress with areas of cypress/pine, hydric pine, mixed wetland hardwood, and freshwater marsh habitats. The wetlands contain varying degrees of exotic infestation, including the exotic species Brazilian pepper, primrose willow (Ludwigia peruviana), torpedograss (Panicum repens), paragrass (Urochloa mutica), and West Indian marsh grass (Hymenachne amplexicaulis). Exotic vegetation is most dense where wetlands border agricultural fields. The hydrology of the landscape within and surrounding the project has been historically affected by roadways, ditches, and permitted agricultural activities.

Major wetland features include undisturbed areas within the Camp Keais Strand and Shaggy Cypress Agricultural Operation boundaries. Both the Camp Keais Strand and Shaggy Cypress Swamp are natural flow-ways and wildlife corridors in the region. The Camp Keais Strand is located along the eastern boundary of the Project and is a natural cypress slough system that conveys flows south from the Corkscrew Swamp and Lake Trafford into the Florida National Panther Refuge and Fakahatchee Strand. Shaggy Cypress Swamp is a large, rotund cypress swamp located just north of Oil Well Road and west of the Camp Keais Strand.

The majority of the wetlands on the Rural Lands West site, including the Shaggy Cypress Swamp, serve as water retention reservoirs for the permitted agriculture operations. Shaggy Cypress Swamp serves as a water retention area for agricultural operations north of Oil Well Road. Water flows from Shaggy Cypress Swamp south under Oil Well Road and through the large, forested wetland system that serves as water retention for the permitted agriculture operations south of Oil Well Road.

In addition to onsite wetlands, there are 34.25 acres of other waters within the project site. These waters are comprised of ditches and cattle ponds associated with agricultural activities.  The existing area surrounding the project area consists of residential communities to the west, agricultural lands to the north, a mix of residential developments, agricultural operations, and natural systems and flow ways to the east.

PROPOSED WORK:  The applicant seeks authorization to discharge fill over approximately 116.86 acres of wetlands and other waters and the excavation of approximately 159.19 acres for a total of 274.27 acres of impacts to wetlands and water features for the construction of a mixed-use community. The proposed impacts are primarily associated with infrastructure improvements to allow for road crossings and construction of the project’s surface water management system.

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:  Rural Lands West follows the rural planning strategy adopted for the Collier County Rural Lands Stewardship Area (RSLA) overlay, which is specifically designed to minimize impacts of development to natural systems. The County has identified certain lands within the RLSA that have low natural resource value and as suitable for development of new communities under the RLSP. Under the RLSP, new communities can only be established on privately owned lands that meet specific suitability criteria and cannot occur on lands which are designated as Flow-Way Stewardship Areas (FSAs) or Habitat Stewardship Areas (HSAs). During the development of the Rural Lands Stewardship Program (RLSP), natural resources, including wetlands and listed species habitat, were identified and mapped on a regional scale. FSAs are primarily wetlands located within the Camp Keais Strand and Okaloacoochee Slough, establishing the primary wetland flow-way systems in the RLSA. HSAs include lands whose natural characteristics make them suitable habitat for listed species, and also include lands which are contiguous to the listed species habitat and form a continuum of landscape that could improve listed species habitat values. Areas that have minimal ecological significance were designated as open in the RLSA. In order to direct development away from areas of higher natural resource value, the open areas act as receiving areas for density and development, and the HSAs and FSAs are used as sending areas. As such, the applicant is furthering the purposes of Section 230.10(d) by participating in and complying with the requirements of the RLSP, including by focusing development within open areas and away from HSAs and FSAs. The RLSP requires an applicant to avoid impacts to significant wetlands and listed species habitat by directing development away from HSAs and FSAs. In addition, the applicant considered several design alternatives for the project to further minimize the discharge of dredged or fill material to regulated wetlands.

The site plan was designed to utilize the existing and permitted agriculture fields for the construction of the project, and to avoid and minimize discharges to the natural wetland habitats on-site. The regulated discharge to wetlands is mostly limited to the lower quality wetlands which are part of the historical agricultural operations. The Rural Lands West site plan preserves 91 percent (4,101.23± acres) of the wetlands within the project site. In addition to minimizing the discharge to the higher quality wetlands on-site, the project preserves the high-quality uplands by locating development in lower quality agriculture fields.

Seasonal water elevations for the preserved wetlands will be maintained by routing surface water flows from the proposed development areas through stormwater management facilities. Treated stormwater will then be discharged into on-site wetlands and sheet flow through the wetlands will convey surface flows to off-site receiving wetlands. Control elevations for the stormwater management system were established based on the biological indicators elevations of wetland water levels. These design features will ensure that the hydroperiod within on-site preserved wetlands and off-site receiving wetlands are maintained.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The project will provide a total of 4,525.89± acres of conservation areas throughout the project site. Of the 4,525.89± acres of on-site conservation area, 4,188.98± acres will be utilized as compensatory mitigation for impacts to wetlands. The conservation area also includes 36.03± acres of wetland preservation and enhancement, 2.64± acres of wetland restoration, 13.95± acres of “other surface waters” (OSW), 219.9± acres of upland preservation and enhancement, and 47.04± acres of upland restoration that will not be used as compensatory mitigation for wetland impacts. However, they are included in the project’s overall conservation acreage and further illustrate the project’s incorporation of environmentally beneficial measures. An existing drainage easement, comprised of a berm and ditch, totaling 9.31± acres will remain in its current condition; and 8.04± acres of boardwalks to be constructed will also be incorporated into the project’s overall conservation area.

There are approximately 113.67± acres within the project boundary that were previously preserved as mitigation for wetland impacts associated with the Camp Keais Agricultural Operation (Corps Permit No. SAJ-2008-02429) and will not be used as mitigation for Rural Lands West. The entire mitigation area for the Camp Keais Strand Agricultural Operation is located within the boundaries of Rural Lands West.

The on-site compensatory wetland mitigation includes the enhancement and preservation of 4,059.81± acres of wetlands, and the restoration of 96.33± acres of wetlands and 32.84± acres of wetland creation from existing farm fields.  The proposed mitigation for wetland impacts will include the enhancement and preservation of 4,059.81± acres of on-site wetlands. Exotic vegetation will be removed from 3,602.09± acres of wetlands. Supplemental planting will be conducted in 775.85± acres of hand removal areas where exotic vegetation currently exceeds 50 percent coverage if, after two years, natural recruitment has not occurred, and sufficient coverage of native vegetation has not been achieved. Mechanical removal of exotics will be conducted in 457.72± acres of wetlands with greater than 75 percent cover by exotic species. After exotic removal, these areas will be graded to wetland elevations, and planted with native vegetation.

Furthermore, the mitigation plan also includes the preservation and enhancement of 219.90± acres of native upland habitat and the restoration of 41.28± acres of uplands from existing agricultural fields and other disturbed lands. These areas are included in the overall mitigation plan but are not proposed as compensation for 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:   The Corps has determined the proposal may affect the Florida panther (Puma concolor coryi), wood stork (Mycteria americana), and Florida bonneted bat (Eumops floridanus) and its designated critical habitat.  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. 

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.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the waters downstream of the project site.  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 in writing to the attention of the District Engineer through the Fort Myers Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Michael Ornella II, in writing at the Fort Myers Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Michael.Ornella@usace.army.mil; or, by telephone at (904)232-1498. 

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 South Florida Water Management District.

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.