SAJ-2008-03827 (SP-LMG)

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 Imperial River and Corkscrew Swamp.  The FFD Corkscrew Road Property (Project) site is located in Sections 26, 34, 35, and 36; Township 46 South; Range 26 East and Sections 1, 2, 3, 11, and 12; Township 47 South; Range 26 East; Lee County. More specifically, the Project is located on the south side of Corkscrew Road, approximately six miles east of Interstate 75.

Directions to the site are as follows:  From Interstate 75, take Exit 123 for Corkscrew Road. Head east for approximately eight miles and turn right onto Six Ls Farm Road to head south. In approximately one mile, the Project site is located on the right.

PROJECT PURPOSE: Basic:  Housing Development

Overall:  The applicant has identified that the overall project purpose is to construct an economically viable mixed-use development in southern Lee County to meet local demand for this type of development. The Project will also include roadways, parking, amenities, commercial frontage, preserve areas, a surface water management system, and other associated infrastructure. Access to the site will be from Corkscrew Road to the north.

EXISTING CONDITIONS:  The Project area contains a variety of land-cover types, including a mix of previously disturbed areas used for large-scale row crop production and other agricultural purposes, as well as native wetland and upland habitats. The wetland system consists of a freshwater system. The existing area surrounding the Project consists of Corkscrew Road and low-density residential development to the north; conservation land and undeveloped land to the west and south; and golf course, low-density residential, agriculture, and conservation land to the east.

A total of 59 vegetative associations and land uses, as defined by the Florida Land Use, Cover and Forms Classification System (FLUCFCS) codes, were identified on the Project property. The dominant land use on the property is agriculture. The land-use types Row Crops (FLUCFCS Code 214), Citrus Groves (FLUCFCS Code 221), and Improved Pasture (FLUCFCS Code 211) comprise 67.1 percent (3,496.25± acres) of the site.

The wetlands on-site have been delineated and verified under Corps Approved Jurisdictional Determination (AJD) File No. SAJ-2008-03827 (JD-RMT). The Project contains 1,378.51± acres of Corps-jurisdictional wetlands, or approximately 26.5 percent of the Project site, while Corps-jurisdictional waters total 32.74± acres (approximately 0.6 percent). Additionally, Corps non-jurisdictional, isolated waters total 6.84± acres, while Corps non-jurisdictional, isolated wetlands constitute a total of 36.33± acres or collectively, approximately 0.8 percent of the Project site. The wetlands are generally forested and consist primarily of cypress with areas of cypress/pine/cabbage palm, hydric pine, mixed wetland hardwood, and freshwater marsh habitats. Exotic vegetation is most dense where wetlands border agricultural fields. The hydrology of the landscape within and surrounding the Project area has been historically affected by roadways, ditches, and agricultural activities. The wetlands proposed to be impacted by the Project are primarily limited to lower-quality wetlands that are part of the historical agricultural operations.

The wetlands along the western and southern boundaries directly abut adjacent regionally significant conservation lands including the Corkscrew Regional Ecosystem Watershed (CREW) lands. The central jurisdictional wetlands continue off-site through a series of Corps jurisdictional Waters.

PROPOSED WORK:  The applicant seeks authorization to discharge approximately 85,360 cubic yards of fill material into 3.11 acres of wetlands and 10.05 acres of other aquatic resources that are waters of the U.S. for the construction of a mixed-use development and associated infrastructure, including roads, utilities, parking, preserve areas, and surface water management system. The applicant is proposing to excavate less than 0.01± acre of wetlands and 0.99± acre of other aquatic resources that are considered waters of the U.S. The applicant is also proposing to discharge fill material into 7.13 acres of wetlands and other aquatic resources that are not waters of the U.S. and therefore do not require Corps’ authorization.

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 impacts to wetlands located within the Project site by concentrating development within existing agricultural areas, primarily located within the northern half of the Project along Corkscrew Road and away from adjacent large-scale conservation lands, thereby avoiding approximately 99 percent (1,405.83± acres) of wetlands. The development of the 5,208.61± acre Project will result in only 9.01± acres of wetland impacts and 14.26± acres of Waters impacts. This represents a 95 percent reduction of wetland impacts from the 212.21± acres of wetland impacts currently permitted under Florida Department of Environmental Protection Permit No. 0293270-001, a mining permit encompassing the Project area that was originally authorized in August 2011 with an expiration date of August 2031. Existing agricultural fields (e.g., row crops and citrus groves) and low-quality, highly degraded wetlands will be utilized for development while other wetland and upland habitats are avoided or preserved, enhanced, restored, and created to compensate for the unavoidable wetland impacts for the Project. The Project will restore flow-ways across the site, restore farm fields back to native wetland and upland habitats, and establish large blocks of conservation lands that connect to existing off-site conservation lands while providing improved habitat for listed species found on the property.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The proposed on-site mitigation area for the Project consists of 73.53± acres that will be utilized as compensatory mitigation for impacts to Corps-jurisdictional wetlands. The proposed compensatory mitigation for wetland impacts includes 44.43± acres of on-site wetland preservation, enhancement, restoration, and creation. Exotic vegetation would be hand removed from 34.57± acres of wetlands. Mechanical removal of exotics and supplemental planting would be conducted in 9.46± acres of wetlands. Grading and plantings would occur in 0.40± acre of wetland creation area. In addition to the proposed wetland mitigation, 29.10± acres of uplands would be restored as part of the Project’s overall conservation area but would not be used for Corps mitigation. This includes 0.07± acre of Waters restored to uplands, 25.87± acres of upland restoration, and 3.16± acres of upland restoration from farm field. The 73.53± acre mitigation area would be placed under a conservation easement granted to the South Florida Water Management District (SFWMD) with third-party enforcement rights granted to the Corps and the U.S. Fish and Wildlife Service (USFWS). In addition to the 73.53± acre on-site Corps compensatory mitigation area, the proposed project includes 2,843.27± acres of on-site preservation, enhancement, restoration, and creation of uplands and wetlands and the restoration of uplands and wetlands from agricultural lands provided for Lee County indigenous preserve but is not proposed to be used as compensatory mitigation under the proposed project.

CULTURAL RESOURCES:  A Phase I cultural resource assessment survey for the Project site was conducted by Archaeological and Historical Conservancy, Inc. (AHC) in 2008 and in 2011. The 2008 Phase I survey resulted in the documentation of two previously unrecorded archaeological sites. Both sites are located in the northwest portion of the property near Flint Pen Strand and are not proposed to be impacted by the development plan. The AHC report was provided to the Florida Department of State Division of Historical Resources (DHR) for review. The DHR issued a letter of concurrence, dated February 25, 2009, stating that no further coordination was necessary, provided the archaeological sites are to remain undisturbed. On November 12, 2021, the DHR issued a letter to the South Florida Water Management District, stating that the proposed Project will not adversely affect eligible historic properties, and recommending a special condition be added to their authorization regarding inadvertent discoveries.

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 preliminarily determined the proposed project may affect, but is not likely to adversely affect the red-cockaded woodpecker (RCW) (Picoides borealis), the Everglade snail kite (Rostrhamus sociabilis plumbeus), crested caracara (Polyborus plancus audubonii), wood stork (Mycteria americana), Florida bonneted bat (Eumops floridanus), and  tri-colored bat (Perimyotis subflavus), or their designated critical habitat. In addition, the Corps has preliminarily determined the proposed project may affect, and is likely to adversely affect Eastern indigo snake (Drymarchon corais couperi) and Florida Panther (Puma concolor coryi), or their designated critical habitat.

ESSENTIAL FISH HABITAT (EFH):  Our initial determination is that the proposed action would not have an adverse impact on EFH.  Our final determination relative to project impacts and the need for mitigation measures may be subject to review by and coordination with the National Marine Fisheries Service.

Navigation: Our initial determination is that the proposed action would not have an adverse impact on EFH.  Our final determination relative to project impacts and the need for mitigation measures may be subject to review by and coordination with the National Marine Fisheries Service.

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 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 Sacramento District Regulatory Division, 1325 J Street, Room 860, Sacramento, California 95814-2922, 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, Lisa M. Gibson, in writing at the Sacramento District, Special Projects Branch, 1325 J Street, Room 860, Sacramento, California 95814-2922; by electronic mail at Lisa.M.Gibson2@usace.army.mil; or, by telephone at (916) 557-5288. 

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 for the Project has been provided via the issuance of SFWMD Resource Permit No. 36-107777-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.