TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps
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: Charlotte 246 Holdings
300 East Bay Heights Road
Englewood, Florida 34223
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Butterford Waterway. The Harbor Village Marina (Project) site is in Section 3, 9, and 10; Township 41 South; Range 21 East, in Charlotte County, Florida. More specifically, the Project is located adjacent to Cattle Dock Point Road and Delamere Boulevard.
Directions to the site are as follows: From Exit 179 on Interstate 75, proceed approximately 6.5 miles south of Toledo Blade Boulevard, then approximately 6.5 southwest on FL-776. The Project is located on east side of Cattle Dock Point Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.9348°
Longitude -82.1990°
PROJECT PURPOSE:
Basic: The basic purpose of the proposed Project is to construct residential and commercial development with a full-service marina and dry storage facility.
Overall: The overall purpose of the proposed Project is to construct a commercial marina and residential community with open water access, roadways, driveways, parking areas, a stormwater management system, and other associated infrastructure with access to Charlotte Harbor in Charlotte County, Florida.
EXISTING CONDITIONS: The Project area encompasses approximately 325.20 acres, including 207.65 acres of upland, 116.6 acres of wetland habitats, and 2.95 acres of other surface waters. Currently, the subject area is undeveloped land overgrown with
several invasive plant species such as Brazilian pepper (Schinus terebinthifolia), elaleuca (Melaleuca quinquinervia), and Australian pine (Casuarina equistifolia) stands.
The proposed Project is bordered by the Butterford Waterway (South Gulf Cove canal system) on its southern and eastern edges. On its western edge, the subject parcels border the Charlotte County West Port Water Reclamation Facility, undeveloped land, and the Village of Holiday Lake residential community. The South Gulf Cove canal system connects the subject parcel to Charlotte Harbor Preserve State Park and Charlotte Harbor by way of the Butterford Waterway Boat Lock and associated turning basin.
PROPOSED WORK: The applicant seeks authorization to construct a residential and commercial development with authorization to discharge dredge or fill material into waters of the United States. The proposed Project will impact a total of 41.02 acres of wetlands, and 0.07 acre of other surface waters, and a conversion of 1.63 acres of vegetated preserve in an open water flow-way. These impacts would be primarily from the construction of roads, utilities, graded slopes, along the development area and marina basin perimeter. The proposed impacts 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:
The orientation of the Project allows for the largest contiguous wetland areas to be preserved and enhanced. A flushing channel will be created within the wetland preserve to enhance water quality and hydroperiods within the wetland to be preserved. The marina basin is proposed to be dug out of the property to contain marina activities within the property boundary as opposed to in the adjacent waterway. A dry storage facility is proposed to store vessels in an upland location as opposed to in the water to minimize potential adverse impacts.
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 72.05 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. Several upland areas within the preserve boundary will be scraped down to wetland levels and plated with appropriate wetland vegetation. Additionally, an open water channel will be created that meanders through the wetland preserve to assist with wetland hydrology.
The mitigation work will include long term maintenance and the site will be permanently protected in a conservation easement under the Community Development District.
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 proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi) and wood stork (Mycteria americana). 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 proposal may affect the Florida bonneted bat (Eumops floridanus). 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 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 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. Please reference DA# SAJ- 2024-01803 for all comment submittals.
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.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 is 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.