SAJ-1993-01156-Lee-1209 (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 Six Mile Cypress watershed which flow into Ten Mile Canal and eventually to the Gulf of Mexico.  The project site is located east of Interstate 75 and south of the existing international runway in Sections 19, 20, and 29-32, Township 45 South, Range 26 East, Fort Myers, Lee County, Florida.

Directions to the site are as follows:  From I-75, exit on Alico Road and head east for approximately 0.65 miles to Ben Hill Griffin Parkway and head north for approximately 1.3 miles to Terminal Access Road. Head east for approximately 2.3 miles and the project is on the east and southeast side of the road.

PROJECT PURPOSE:  Basic:  The basic project purpose is the construction of a new airport runway.

Overall:  The overall project purpose is for the construction of a new airport runway as an expansion of the existing airport facility at Southwest Florida International Airport in central Lee County.

EXISTING CONDITIONS:  The entire parcel is approximately 906.49 acres with a wetland system consisting of a 398.84 +/- acreage freshwater system. The onsite upland and wetland areas consist primarily of the following vegetation types by area:

Unimproved pasture (197.38 +/- acres) – The canopy contains slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), laurel oak (Quercus laurifolia), and melaleuca (Melaleuca quinquenervia). The sub-canopy consists of slash pine, laurel oak, cabbage palm, melaleuca, Brazilian pepper (Schinus terebinthifolius), and wax myrtle (Myrica cerifera). The ground cover includes bahiagrass (Paspalum notatum), dog fennel (Eupatorium capillifolium), broomsedge (Andropogon virginicus), and horseweed (Conyza canadensis).

Palmetto Prairie (35.41 +/- acres) - The canopy contains scattered slash pine, melaleuca, and cabbage palm. The sub-canopy consists of slash pine, wax myrtle, and Brazilian pepper. The ground cover is dominated by saw palmetto (Serenoa repens) with winged sumac (Rhus copallinum), wiregrass (Aristida stricta), and broomsedge.

Pine Flatwoods / Pine (218.16 +/- acres) - The canopy contains slash pine, cabbage palm, and melaleuca. The sub-canopy consists of slash pine, wax myrtle, Brazilian pepper, and winged sumac. The ground cover includes saw palmetto, grapevine, broomsedge, wiregrass, chocolateweed (Melochia corchorifolia), winged sumac, and pennyroyal (Piloblephis rigida).

Melaleuca, Hydric (71.72 +/- acres) – The canopy and sub-canopy are dominated by melaleuca with scattered slash pine, cabbage palm, and cypress (Taxodium distichum). The sub-canopy consists of melaleuca, wax myrtle, and myrsine (Rapanea punctata). The ground cover is mostly open with swamp fern (Blechnum serrulatum), little blue maidencane, rosy camphorweed (Pluchea rosea), beaksedge (Rhynchospora microcarpa), and yellow-eyed grass (Xyris sp.).

Cabbage Palm (6.74 +/- acres) – The canopy is dominated by cabbage palm with slash pine and melaleuca. The sub-canopy consists of cabbage palm, wax myrtle, and Brazilian pepper. The ground cover includes dog fennel, grapevine, bahiagrass, ragweed (Ambrosia artemisiifolia), and flatsedge (Cyperus sp.).

Wax Myrtle (10.49 +/- acres) – The canopy is open, while the sub-canopy contains wax myrtle with scattered saltbush. Ground cover includes torpedograss (Panicum repens), little blue maidencane, and grapevine.

Hardwood/Conifer Mixed (5.86 +/- acres) – The canopy contains slash pine, cabbage palm, laurel oak, melaleuca, and live oak (Quercus virginiana). The sub-canopy consists of cabbage palm, wax myrtle, slash pine, laurel oak, and Brazilian pepper. The ground cover includes big carpetgrass, dog fennel, flat-topped goldenrod, broomsedge, and muscadine grape (Vitis rotundifolia).

Cypress & Cypress Mix (31.11 +/- acres) – The canopy contains cypress with scattered slash pine, cabbage palm, and melaleuca. The sub-canopy consists of cypress, Brazilian pepper, wax myrtle, melaleuca, and myrsine. The ground cover includes swamp fern, maidencane, musky mint (Hyptis alata), Asiatic pennywort (Centella asiatica), Wright’s nutrush (Scleria lacustris), and West Indian marsh grass (Hymenachne amplexicaulis).

Pine, Hydric (26.06 +/- acres) – The canopy contains slash pine and melaleuca. The sub-canopy consists of slash pine, wax myrtle, myrsine, Brazilian pepper, and melaleuca. The ground cover includes little blue maidencane, maidencane, beaksedge, rosy camphorweed, and bushy bluestem (Andropogon glomeratus).

Wetland Shrub (23.06 +/- acres) – The canopy is mostly open with scattered cabbage palm and melaleuca. The sub-canopy contains saltbush, Brazilian pepper, wax myrtle, slash pine, and melaleuca. The ground cover includes little blue maidencane, maidencane, Wright’s nutrush, Asiatic pennywort, dog fennel, and rosy camphorweed.

Freshwater Marsh (133.03 +/- acres) – The canopy is mostly open with scattered cypress. The sub-canopy is open with scattered cypress and melaleuca. The ground cover includes maidencane, torpedograss, West Indian marsh grass, Wright’s nutrush, pickerelweed (Pontederia cordata), fireflag, and arrowhead.

Wet Prairies (82.05 +/- acres) – The canopy is mostly open with scattered slash pine, cypress, and melaleuca. The sub-canopy is mostly open with scattered wax myrtle, slash pine, cypress, and melaleuca. The ground cover includes inundated beaksedge (Rhynchospora inundata), Tracy’s beaksedge (Rhynchospora tracyii), knotroot foxtail (Setaria parviflora), corkwood (Stillingia aquatica), redtop panicum (Panicum rigidulum), musky mint (Hyptis alata), and scattered saw palmetto.

Disturbed Land/Airport/Power Lines (52.37 +/- acres) – The canopy and sub-canopy are mostly open and may have scattered melaleuca, Brazilian pepper, and wax myrtle. The ground cover is dominated by torpedo-grass with scattered arrowhead. Other areas are completely cleared or are mowed regularly.

The existing area surrounding the project area consists of the Southwest Florida International Airport (SWFIA) to the north and west; a stormwater retention pond, undeveloped lands, and a mining operation to the south; and undeveloped and agricultural lands to the east.

PROPOSED WORK:  The applicant seeks a 5-year time extension to complete previously permitted activities including the impacts to 97.92 acres of wetlands and 0.14 acres of other waters for the construction of the eastern portion of the Parallel Runway that consists of clearing and filling for an embankment that will support a 9,100-foot runway with associated taxiways, access roads, surface water management system, and utilities. The time extension will also allow for completion of previously permitted Midfield Terminal Complex, resulting in impacts to 27.78 acres of wetlands.

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 project has been reviewed and authorized in various phases since 2002 and the applicant has provided and completed required avoidance and minimization steps throughout each review. No additional avoidance and minimization will be required for this time extension.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The compensatory mitigation plan included the purchase of 40.40 freshwater forested credits from Corkscrew Regional Mitigation Bank and 43.08 freshwater herbaceous credits from Panther Island Mitigation Bank. Although construction activities have not commenced for the eastern portion of the Parallel Runway, the mitigation credits have been purchased and transferred from the respective mitigation bank ledgers. Evidence of the credit transfer was provided to the Corps on May 15, 2017.

Compensatory mitigation for the initial wetland impacts (including the 27.78± acres not completed) was provided at the 7,000± acre Airport Mitigation Park (Park). Portions of the Park were previously identified as high-priority environmental conservation and preservation areas. Imperial Marsh includes the largest freshwater marsh system in Lee County and represents a significant groundwater recharge area. The Park provides connectivity to off-site preservation areas, including the Florida Rock Conservation Area to the north and Corkscrew Regional Mitigation Bank in the southeastern corner. In addition, the Park provides connection to Corkscrew Regional Ecosystem Watershed lands and Corkscrew Swamp Sanctuary, with an eventual connection to Camp Keais Strand, Big Cypress National Preserve, Fakahatchee Strand, and finally Everglades National Park. Additionally, the lands at the Park provide a connection to an important wildlife corridor area and wildlife crossing under Corkscrew Road. Mitigation activities at the Park were completed in 2004, and the property is currently in a state of perpetual maintenance.  No further mitigation will be required for this time extension.

CULTURAL RESOURCES:  The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Review by the Florida Division of Historical Resources during previous permit applications stated there are “no significant archaeological or historic structures located within the project limits”. Therefore, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.

ENDANGERED SPECIES:  Option A:  The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi), wood stork (Mycteria americana), red cockaded woodpecker (Picoides borealis), Florida bonneted bat (Eumops floridanus), and Florida panther (Puma concolor coryi). The U.S. Fish and Wildlife Service issues a Biological Opinion dated February 28, 2017, with an incidental take statement for the panther and determination concurrences for the indigo snake, red cockaded woodpecker, wood stork, and bonneted bat. The Corps has determined there are no changes to the proposed work and reinitiation of consultation is not warranted.

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.  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 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 was required from the Florida Department of Environmental Protection and was issued on January 20, 2017 under permit no. 36-00080-S.

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.

PUBLIC NOTICE DRAWINGS: The Corps is temporarily unable to attach project drawings or figures to this public notice. If you would like to receive a copy of the associated drawings for the project, contact the project manager listed above to request them via email or standard mail.