SAJ-2024-01979 (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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with the Imperial River.  The project site is located at 27400 Arroyal Road in Section 33, 47 South, Range 25 East, Bonita Springs, Lee County, Florida.

Directions to the site are as follows:  From the Fort Myers Regulatory Office, head north on Summerlin Road to Colonial Boulevard. Turn right and travel 5.1 miles and merge onto I-75 South. Travel 19.4 miles to exit 116 and merge onto Bonita Beach Road SE. Travel 3.2 miles and turn right on to Arroyal Road. The project site is 0.5 miles down the road on the left.

PROJECT PURPOSE:  Basic:  The basic project purpose is the construction of a small residential subdivision and marina.

Overall:  The overall project purpose is the construction of a 10-lot residential subdivision and 7-slip marina in southwest Lee County.

EXISTING CONDITIONS:  Currently the site can be described as partially open and disturbed from 50+ years of mowing and fruit tree farming. There is a man-made ditch on the west side of the site, which is open to tide, a small depression in the northeast corner which appears to have limited tidal influence at high tide and a man-made pond on the southeastern end of the site which is not tidally connected. A raised and filled driveway cuts across the southern 1/3 of the site for access to a single-family outparcel. North of this driveway the perimeter and north quarter of the site is comprised of dense exotic plant species with occasional cabbage palm, royal palm and laurel oak intermixed (FLUCFCS 438E4). The shoreline of the site is also comprised exotic species such as Australian pine and sea hibiscus, but north of the mean-high water line and offsite are three very small patches of mangrove out in the river. Another small patch lines the north entrance to the ditch where it meets the river and the inland depression located in the northeast corner of the site.

South of the driveway is a large very degraded wetland that was likely once hydric pine flatwood but it now at least 95% mature exotic trees in various conditions after Hurricane Ian. An odd western finger of the site protrudes into the neighboring boat ramp site and is comprised of palmetto with scattered pines and some exotic trees.  The existing area surrounding the project area consists of the Imperial River to the north, a public boat ramp facility to the west, Arroyal Road and residential areas to the east, and a large stormwater treatment pond to the south.

PROPOSED WORK:  The applicant seeks authorization to construct 10 single-family homes and a 7-slip fixed dock marina for residential use. In addition to 10 lot sites, a 0.62-acre stormwater system is proposed, and 1.60 acres of natural habitat and waters of the U.S. will be preserved. A residential boardwalk/trail will be provided around the site to access the wet-slip marina lying on the Imperial River and a driveway will be constructed to access the southwestern-most lot and improve access to an existing home situated between the public Imperial River Boat Ramp and this site.

The proposed marina is 1,058 square feet of over water structure which will require 2,020 square feet (50 cubic yards) of dredging required to bring depths under the boats to -4’ mean low water. There is 2,360 square feet of riprap proposed along 137 linear feet of riverfront above the mean high water line. There are 718 cubic yards of fill proposed over 0.25 acres of wetlands that would increase the existing driveway size to accommodate pavement, curb, utilities and side slope.

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 site plan has avoided most impacts to waters of the U.S. and has minimized what cannot be avoided to the greatest extent possible. Existing driveway was expanded for access adjacent and partially through a wetland and only a small footprint of the dock has been sited within shoreline mangroves. The dock was sited beyond the mangrove fringe to limit mangrove removal/trimming as well as dredging requirements.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant proposes to purchase 0.01 saltwater forested and 0.12 freshwater forested mitigation bank credits to offset unavoidable impacts.

CULTURAL RESOURCES:  The Corps 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:  Option A:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus), smalltooth sawfish (Pristis pectinata), swimming sea turtles, Eastern indigo snake (Drymarcho corais couperi), Florida panther (Puma concolor coryi), Florida bonneted bat (Eumops floridanus), red-cockaded woodpecker (Picoides borealis), 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. 

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.  The proposal would impact approximately 0.05 acres of unconsolidated river system utilized by various life stages of marine species.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Imperial River.  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 structure 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 Florida Department of Environmental Protection (FDEP).

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.