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) known as Cayman Lakes and as described below:
APPLICANT:
D.R. Horton, Inc.
℅ Wayne Everett
10541 Six Mile Cypress Parkway
Fort Myers, Florida 33966
(239) 470-3405
WATERWAY AND LOCATION: The proposed project would affect waters of the United States associated with the Joshua Creek-Peace River watershed. The Project site is located in Sections 29 and 30, Township 39 South, Range 23 East, Desoto County.
Directions to the site are as follows: From 1-75, take exit 170 and head east on Kings Highway for approximately two miles northeast. The Project site is located on the northwest side of Kings Highway.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.050242°
Longitude -82.040592°
PROJECT PURPOSE:
Basic: To construct a residential development. Where the activity associated with a discharge which is proposed for a special aquatic site, including wetlands (defined at 40 CFR 230 Subpart E) does not require access or proximity to or siting within the special aquatic site to fulfill its basic purpose (i.e., is not ‘‘water dependent’’), practicable alternatives that do not involve discharges to special aquatic sites are presumed to be available, unless clearly demonstrated otherwise. In addition, where a discharge is proposed for a special aquatic site, all practicable alternatives to the proposed discharge which do not involve a discharge into a special aquatic site are presumed to have less adverse impact on the aquatic ecosystem, unless clearly demonstrated otherwise. The basic project purpose (to construct a residential development) is not considered a water dependent activity.
Overall: The overall project purpose is construction of an economically viable residential development and associated infrastructure in Southwestern Desoto County to meet local demand.
EXISTING CONDITIONS: The Project site, including on-site preservation areas, totals 308.55 acres and contains approximately 25.64 acres of jurisdictional freshwater wetlands, 24.03 acres of isolated freshwater wetlands, and 50.75 acres of other surface waters (10-HUC # 0310010109). The Project’s northern and western boundary abut undeveloped land. Single-family homes abut the Project to the south and Kings Highway (CR 769) abuts the Project’s eastern boundary.
The Project area primarily consists of forested upland and wetland habitat with freshwater marshes scattered throughout. The western portion of the property contains two large mining lakes. The wetlands on-site have been degraded by exotic vegetation infestation, including, but not limited to, Peruvian primrosewillow (Ludwigia peruviana), torpedograss (Panicum repens), alligatorweed (Alternanthera philoxeroides), and Brazilian pepper (Schinus terebinthifolia).
The project area has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS). Overall, the property contains the habitats described below.
Sand and Gravel Pits (FLUCFCS Code 162)
These areas consist of two large lakes excavated in a previously permitted mining operation known as Kings Trust. The canopy is open. The sub-canopy contains Brazilian pepper (Schinus terebinthifolia) and wax myrtle (Morella cerifera) along the edges. The ground cover is open with cattail (Typha latifolia), torpedograss (Panicum repens), climbing hempvine (Mikania scandens), and Bay Biscayne wedelia (Sphagneticola trilobata) growing along the edges.
Unimproved Pasture (FLUCFCS Code 212)
The canopy of this land use category consists of live oak (Quercus virginiana), laurel oak (Q. laurifolia), and cabbage palm (Sabal palmetto). The sub-canopy contains live oak, laurel oak, Brazilian pepper, cabbage palm, and sand live oak (Quercus geminata). The ground cover contains broomgrass (Andropogon virginicus), fingergrass (Eustachys petraea), spermacoce (Spermacoce verticillata), greenbrier (Smilax spp.), dog fennel (Eupatorium capillifolium), muscadine grape (Vitis rotundifolia), low panicum (Dichanthelium sp.), and yellow nutgrass (Cyperus esculentus).
Pine Flatwoods, Disturbed (0-24% Exotics) (FLUCFCS Code 4119 E1)
The canopy of this upland habitat type consists of slash pine (Pinus elliottii) and scattered live oak. The sub-canopy contains slash pine, live oak, saw palmetto (Serenoa repens), gallberry (Ilex glabra), wax myrtle, and winged sumac (Rhus copallinum). The ground cover contains muscadine grape, wiregrass (Aristida stricta), blackroot (Pterocaulon pycnostachyum), broomgrass, shiny blueberry (Vaccinium myrsinites), and greenbrier.
Brazilian Pepper (FLUCFCS Code 422)
The canopy is open. The sub-canopy is dominated by Brazilian pepper. The ground cover is mostly open with cogongrass (Imperata cylindrica), spermacoce, common ragweed (Ambrosia artemisiifolia), and beggarticks (Bidens alba).
Brazilian Pepper, Hydric (FLUCFCS Code 4221)
The canopy is open. The sub-canopy is dominated by Brazilian pepper. The ground cover is mostly open with scattered torpedograss.
Temperate Hardwoods, Disturbed (0-24% Exotics) (FLUCFCS Code 4259 E1)
The canopy contains live oak, laurel oak, cabbage palm, and scattered slash pine. The sub-canopy contains live oak, laurel oak, cabbage palm, beautyberry (Callicarpa americana), wax myrtle, and scattered saw palmetto. The ground cover consists of greenbrier, caesarweed (Urena lobata), beautyberry, and wild coffee (Psychotria nervosa).
Temperate Hardwoods, Disturbed (25-49% Exotics) (FLUCFCS Code 4259 E2)
The vegetative associations are similar to that of FLUCFCS Code 4259 E1, except with 25 to 49 percent coverage by exotic species.
Hardwood Conifer Mixed, Disturbed (0-24% Exotics) (FLUCFCS Code 4349 E1)
The canopy of this upland habitat type contains slash pine, live oak, laurel oak, and cabbage palm. The sub-canopy consists of slash pine, cabbage palm, live oak, laurel oak, saw palmetto, wax myrtle, gallberry, red maple (Acer rubrum), and winged sumac. The ground cover contains muscadine grape, saw palmetto, wiregrass, pawpaw (Asimina reticulata), blackroot, broomgrass, shiny blueberry, and greenbrier.
Hardwood Conifer Mixed, Disturbed (25-49% Exotics) (FLUCFCS Code 4349 E2)
The vegetative associations are similar to that of FLUCFCS Code 4349 E1, except with 25 to 49 percent coverage by exotic species.
Hardwood Conifer Mixed, Disturbed (50-75% Exotics) (FLUCFCS Code 4349 E3)
The vegetative associations are similar to that of FLUCFCS Code 4349 E2, except with 50 to 75 percent coverage by exotic species.
Mixed Hardwoods, Disturbed (25-49% Exotics) (FLUCFCS Code 4389 E2)
The canopy contains live oak, laurel oak, and cabbage palm. The sub-canopy contains cabbage palm and Brazilian pepper. The ground cover consists of caesarweed, smutgrass (Sporobolus indicus), cogongrass, and guineagrass (Panicum maximum).
Ditch (FLUCFCS Code 514)
The canopy of these excavated surface water features is open. The sub-canopy contains overhanging Carolina willow (Salix caroliniana), cabbage palm, and Brazilian pepper. The ground cover is mostly open but may contain dotted smartweed (Persicaria punctatum), Asiatic pennywort (Centella asiatica), and swamp fern (Telmatoblechnum serrulatum).
Ditch, Wetland (FLUCFCS Code 514W)
The vegetative associations are similar to that of FLUCFCS Code 514, except these features are fully encompassed within wetlands.
Willow, Disturbed (50-75% Exotics) (FLUCFCS Code 6189 E3)
The canopy of this wetland habitat type is mostly open with scattered cabbage palm. The subcanopy contains willow, Brazilian pepper, Peruvian primrose willow (Ludwigia peruviana), slash pine, laurel oak, and wax myrtle. The ground cover contains arrowhead (Sagittaria lancifolia subsp. lancifolia), West Indian marsh grass (Hymenachne amplexicaulis), fireflag (Thalia geniculata), torpedograss, little blue maidencane (Amphicarpum muehlenbergianum), maidencane (Panicum hemitomon), Asiatic pennywort, carpetgrass (Axonopus sp.), shrubby camphorweed (Pluchea odorata), musky mint (Hyptis alata), and Florida tickseed (Coreopsis floridana).
Willow, Disturbed (76-100% Exotics) (FLUCFCS Code 6189 E4)
The vegetative associations are similar to that of FLUCFCS Code 6189 E3, except with 76 to 100 percent coverage by exotic species.
Hydric Pine Flatwoods, Disturbed (0-24% Exotics) (FLUCFCS Code 6259 E1) The canopy contains slash pine. The sub-canopy contains slash pine and wax myrtle. The ground cover consists of torpedograss, Asiatic pennywort, little blue maidencane, shrubby camphorweed, carpetgrass, and sand cordgrass (Spartina bakeri).
Hydric Pine Flatwoods, Disturbed (25-49% Exotics) (FLUCFCS Code 6259 E2)
The vegetative associations are similar to that of FLUCFCS Code 6259 E1, except with 25 to 49 percent coverage by exotic species.
Wetland Forested Mixed, Disturbed (0-24% Exotics) (FLUCFCS Code 6309 E1)
The canopy contains laurel oak, cabbage palm, and red maple. The sub-canopy contains cabbage palm, Brazilian pepper, Senegal date palm (Phoenix reclinata), beautyberry, Surinam cherry (Eugenia uniflora), buttonbush (Cephalanthus ocidentalis), willow, Peruvian primrose willow, shrub pluchea (Pluchea carolinensis), and wild coffee. The ground cover contains shield fern (Thelypteris sp.), greenbrier, swamp fern, caesarweed, chain fern (Woodwardia virginica), maidencane, dotted smartweed, torpedograss, knotroot foxtail (Setaria parviflora), Asiatic pennywort, West Indian marsh grass, soft rush (Juncus effusus subsp. effusus), and shore rush (Juncus marginatus).
Wetland Forested Mixed, Disturbed (25-49% Exotics) (FLUCFCS Code 6309 E2)
The vegetative associations are similar to that of FLUCFCS Code 6309 E1, except with 25 to 49 percent coverage by exotic species.
Wetland Forested Mixed, Disturbed (50-75% Exotics) (FLUCFCS Code 6309 E3)
The vegetative associations are similar to that of FLUCFCS Code 6309 E2, except with 50 to 75 percent coverage by exotic species.
Wetland Shrub, Disturbed (25-49% Exotics) (FLUCFCS Code 6319 E2)
The canopy is mostly open with scattered red maple. The sub-canopy contains red maple, wax myrtle, and Peruvian primrose willow. The ground cover contains fennel (Eupatorium leptophyllum), torpedograss, Asiatic pennywort, carpetgrass, broomgrass, maidencane, knotroot foxtail, and Southern dewberry (Rubus trivialis).
Freshwater Marsh, Disturbed (0-24% Exotics) (FLUCFCS Code 6419 E1)
Vegetation within these wetland habitats varies across the site. The canopy is primarily open but may contain scattered cabbage palm. The sub-canopy may contain willow, buttonbush, wax myrtle, Brazilian pepper, and Peruvian primrose willow. The ground cover consists of dotted smartweed, West Indian marsh grass, torpedograss, cattail, pickerelweed (Pontederia cordata), arrowhead, fireflag, waxweed (Cuphea carthagenensis), redtop panicum (Panicum rigidulum), Asiatic pennywort, Florida tickseed, swamp fern, paragrass (Urochola mutica), beaksedge (Rhynchospora microcarpa), soft rush, and carpetweed (Phyla nodiflora).
Freshwater Marsh, Disturbed (50-75% Exotics) (FLUCFCS Code 6419 E3)
The vegetative associations are similar to that of FLUCFCS Code 6419 E1, except with 50 to 75 percent coverage by exotic species.
Freshwater Marsh, Disturbed (76-100% Exotics) (FLUCFCS Code 6419 E4)
The vegetative associations are similar to that of FLUCFCS Code 6419 E3, except with 76 to 100 percent coverage by exotic species.
Wet Prairies, Disturbed (0-24% Exotics) (FLUCFCS Code 6439 E1)
The canopy is mostly open with scattered slash pine along the edge. The sub-canopy contains St. John's-wort (Hypericum fasciculatum) and scattered slash pine and wax myrtle. The ground cover consists of beaksedge, chalky bluestem (Andropogon virginicus var. glaucus), fennel, flat-topped goldenrod (Euthamia caroliniana), West Indian marsh grass, torpedograss, sand cordgrass, low panicum, yellow-eyed grass (Xyrissp.), Tracy's beaksedge (Rhynchospora tracyi), nutrush (Scleria reticularis), and sundew (Drosera sp.).
Wet Prairie, Disturbed (25-49% Exotics) (FLUCFCS Code 6439 E2)
The vegetative associations are similar to that of FLUCFCS Code 6439 E1, except with 25 to 49 percent coverage by exotic species. Wet Prairie, Disturbed (50-75% Exotics) (FLUCFCS Code 6439 E3) The vegetative associations are similar to that of FLUCFCS Code 6439 E2, except with 50 to 75 percent coverage by exotic species.
Wet Prairie, Disturbed (76-100% Exotics) (FLUCFCS Code 6439 E4)
The vegetative associations are similar to that of FLUCFCS Code 6439 E3, except with 76 to 100 percent coverage by exotic species.
Disturbed Land (FLUCFCS Code 740)
The canopy is open. The sub-canopy contains Brazilian pepper and wax myrtle. The ground cover contains smutgrass, cogongrass, spermacoce, caesarweed, guineagrass, bahiagrass (Paspalum notatum), and Southern guara (Oenothera simulans).
Disturbed Land, Hydric (FLUCFCS Code 7401)
The canopy of this wetland land use type is open. The sub-canopy is mostly open with scattered Brazilian pepper. The ground cover contains caesarweed, West Indian marsh grass, torpedograss, water pennywort (Hydrocotyle umbellata), dog fennel, and flatsedge (Cyperus ligularis).
Spoil Area (FLUCFCS Code 743)
The vegetative associations may vary across the property. The canopy may contain cabbage palm. The sub-canopy contains Brazilian pepper, live oak, and wax myrtle. The ground cover may consist of cogongrass, fingergrass, smutgrass, spermacoce, caesarweed, Southern guara, common ragweed, broomgrass, beggarticks, and natalgrass (Rhynchelytrum repens).
Roadway (FLUCFCS Code 814)
This land use type consists of a paved access road. The canopy is open. The sub-canopy contains overhanging Brazilian pepper. The ground cover is mostly open with common ragweed, smutgrass, and bahiagrass growing between breaks in the pavement.
PROPOSED WORK: The applicant seeks authorization to discharge fill material in approximately 2.60 acres of wetlands and approximately 2.76 acres of fill into surface waters. The applicant also seeks authorization to excavate in approximately 0.60 acres of wetlands. In addition, 5.23 acres of discharge of fill into isolated wetlands and 0.72 acres of excavation in isolated wetlands are proposed.
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 minimize wetland impacts by focusing the majority of the development footprint in uplands and preserving and enhancing approximately 87.5 percent, or 22.44 acres, of on-site jurisdictional wetlands and approximately 75.2 percent, or 18.08 acres, of non-jurisdictional wetlands.
COMPENSATORY MITIGATION – To offset the proposed loss of aquatic habitats, the applicant proposed 1.99 compensatory wetland mitigation bank credits purchased from the Horse Creek and Peace River Mitigation Banks. In addition, 22.44 acres of wetlands, 43.08 acres of uplands, and 2.73 acres of Waters would be preserved on-site but not used for compensatory wetland mitigation for the Corps.
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for direct and indirect effects to historic properties as required under Section 106 of the National Historic Preservation Act (36 CFR 800) and Corps regulations (33 CFR 325 Appendix C). This public notice serves to inform the public of the proposed undertaking and invites comments from local, state, tribal and federal government agencies. Our final determination relative to historic properties impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes with concerns in Florida and the permit area, and other interested parties. The Corps determined the Area of Potential Effects (APE) includes 308.55 acres of land on which the proposed residential development would be constructed (36 CFR 800.16(d)). The Corps authorization focuses on the permit area including approximately 5.96 acres of aquatic habitats which would be affected by the proposed discharge of dredged or fill material, and a 100-foot buffer that would be temporarily affected to complete the work (33 CFR 325 Appendix C(1)(g)(1)). The undertaking is issuance of a DA permit to authorize discharge of dredged or fill material into 5.36 acres of wetlands/waters and excavate in approximately 0.60 acres of wetlands/waters (36 CFR 800.16(y) and 33 CFR 325 Appendix C(1)(f)). The Corps consulted the National Register of Historic Places via the National Regulatory Viewer, and there are no historic properties in the project area. Additional screening conducted by SAJ indicated a low potential for archeological resources. An archaeological and historical survey of the Project site was conducted by Archaeological Consultants, Inc. (ACI) in July 2022. No archaeological or historic sites were documented during the survey. The Florida Department of State, Division of Historical Resources (DHR) issued a letter dated May 10, 2023, indicating concurrence with ACI’s determination. The DHR letter states that development of the Cayman Lakes site will have no effect on any historic properties eligible for listing in the National Register of Historic Places, or otherwise of historical or archaeological value. As such, the Corps’ preliminary determination is the proposed undertaking would have no effect on historic properties (36 CFR 800.3(a)(1)).
ENDANGERED AND THREATENED SPECIES:
The Corps has determined the proposed action will have no effect on the Florida scrub jay (Aphelocoma coerulescens) and Florida grasshopper sparrow (Ammodramus savannarum floridanus). The proposed federal action may affect but is not likely to adversely affect the crested caracara (Caracara cheriway), and wood stork (Mycteria americana) and may affect the Eastern indigo snake (Drymarchon corais couperi) and tri-colored bat (Perimyotis subflavus). The proposed federal action may affect and is likely to adversely affect the Florida bonneted bat (Eumops floridanus), subject to further consultation with the USFWS. No critical habitat has been designated for the Eastern indigo snake, Florida scrub jay, wood stork, crested caracara, Florida grasshopper sparrow, or tri-colored bat. Critical habitat has been designated for the Florida bonneted bat. The Project is not located within the critical habitat for the Florida bonneted bat.
The Corps will request the concurrence from USFWS on the determinations for the Florida scrub jay, Florida grasshopper sparrow, crested caracara, wood stork, and tri-colored bat via a separate letter. The letter will also request the initiation of formal consultation on the Eastern indigo snake, tri-colored bat and Florida bonneted bat. The following provides a summary and justification for each effects determination
The Project site is located in an area where the Florida scrub jay, a federally threatened species, may occur. The Project site does not contain scrubby pine flatwoods or xeric oak habitats with open canopy. No Florida scrub jays have been observed on the Project during field work conducted within the Project site. As such, the Corps anticipates the proposed action will have no effect on the Florida scrub jay.
The Project site is located within the consultation area for the Florida grasshopper sparrow, a federally endangered species. The Project does not contain open, dry prairie habitats suitable for the Florida grasshopper sparrow. No Florida grasshopper sparrows have been observed on the Project site. Therefore, the Corps anticipates the proposed action will have no effect on the Florida grasshopper sparrow.
The Cayman Lakes site is located in the consultation area for the crested caracara, a federally threatened species. The majority of the Project site (236.69 acres) is comprised of forested habitats and existing mining lakes, which are not considered suitable habitat for crested caracara. No crested caracaras have been documented on the Project site; the closest documented caracara nest is located approximately 0.5 miles north of the Project site. As such, the Corps anticipates the proposed action may affect but is not likely to adversely affect crested caracara.
The Project site is located within the Core Foraging Area (CFA) of five wood stork colonies. The wood stork is federally listed as threatened. In addition, surveys conducted within the Cayman Lakes site by the applicant’s agent revealed documented occurrences of wood storks. Habitat compensation for impacts to wetlands and waters that may be used by wood storks would be provided through on-site preservation and purchase of wetland mitigation bank credits. Using the wood stork key provided in the USFWS’s May 18, 2010 South Florida Programmatic Concurrence Letter results in the following sequential determination: A > B > C > E “not likely to adversely affect”.
The Cayman Lakes site contains cover types that could be used by the tri-colored bat for foraging and roosting if situated in an appropriate landscape. The tri-colored bat is proposed for listing as federally endangered throughout its range. As such the Project may affect the tri-colored bat.
The Project includes approximately 207.12 acres of cover types that are included in a list of various types of vegetative cover that could be used by the Eastern indigo snake for essential behavior patterns if situated in an appropriate landscape. No Eastern indigo snakes have been documented on the Project site. The applicant would implement the USFWS’s Standard Protection Measures for the Eastern Indigo Snake. Using the USFWS’s North and South Florida Programmatic Effect Determination Key for the Eastern Indigo Snake dated August 1, 2017, results in the following sequential determination: A>B>C “may affect”.
The Cayman Lakes site contains cover types that could be used by the Florida bonneted bat for foraging and roosting if situated in an appropriate landscape. The Florida bonneted bat is federally listed as endangered. Florida bonneted bat calls were recorded during an acoustic survey conducted on the Project site by the applicant’s agent. The October 22, 2019, Florida Bonneted Bat Consultation Guidelines were used to conduct a sequential effect determination. Use of the key resulted in the following determination for the bonneted bat: 1a > 2a > 3b > 6a > 7a > 8b > “May affect and is likely to adversely affect” (LAA). The applicant has proposed to implement several best management practices set out in the Florida Bonneted Bat Consultation Key. Implementation of best management practices could change the LAA determination to “may affect, not likely to adversely affect”.
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 Los Angeles Permits Section, 915 Wilshire Blvd Suite 1109, Los Angeles, CA 90017; or by electronic mail at Crystel.L.Botar@usace.army.mil 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, Crystel Botar, in writing at the Los Angeles Permits Section, 915 Wilshire Blvd Suite 1109, Los Angeles, CA 90017; or by electronic mail at Crystel.L.Botar@usace.army.mil.
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.
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 (WQC) is required from the Southwest Florida Water Management District (SWFWMD). The project received Statewide Environmental Resource Permit No 43032816.022. The approval constitutes State WQC.
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.