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:
Seagate Revana, LLC
Attn: Matthew Price
9921 Interstate Commerce Drv.
Fort Myers, FL 33913
WATERWAY AND LOCATION: The project would affect onsite aquatic resources composed of wetlands, ditches, and lakes. The project site is located approximately 2-miles east of the Interstate-75 and Bonita Beach Road SE intersection, on the north side of Bonita Beach Road SE; Section 33, Township 47, Range 26; Bonita Springs, Lee County, Florida.
Directions to the site are as follows: From the intersection of Interstate-75 and Bonita Beach Road SE, travel 2-miles east, and the project site is located north of Bonita Beach Road SE.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.33541°
Longitude: -81.7168°
PROJECT PURPOSE:
Basic: To construct a residential community in the Bonita Springs area.
Overall: To construct single-family and multi-family dwellings, a club house, and associated infrastructure including a surface water management system.
EXISTING CONDITIONS: The site contains 112.17-acres of wetlands and 48.36-acres of surface waters. The 112.17-acres of wetlands consist of 1.04 acres of hydric cabbage palm, 1.63-acres of mixed wetland hardwoods, 38.83-acres of exotic wetland hardwoods, 15.55-acres of cypress, 13.96-acres of exotic invaded hydric pine flatwoods, and 41.16-acres of hydric disturbed areas. The site also contains 17.83-acres of pine flatwoods, 41.48-acres of constructed mining lakes, 6.88-acres of ditches, areas of spoil, and existing residences.
The area surrounding the project area consists of dense residential development to the south, dispersed development to the west, and undeveloped land to the north and east.
PROPOSED WORK: The applicant seeks authorization to construct 52 multi-family residential units, 186 single-family lots, one (1) clubhouse, and associated infrastructure (e.g. roads, sidewalks, utilizes, etc.) which includes a surface water management system. The proposed work would result in approximately 83.75-acres of total wetland impacts of which 4.89-acres would be secondary wetland impacts, and approximately 15.43-acres of total surface water impacts.
Impacts are proposed to 0.12-acres of exotic invaded mixed wetland hardwoods, 34.05-acres of exotic wetland hardwoods, 0.69-acres of exotic invaded cypress, 10.66-acres of exotic invaded hydric pine flatwoods, and 37.55-acres of hydric disturbed areas.
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 applicant has avoided impacts to aquatic resources by modifying the initial proposed plans which included 295-single family homesites, in favor of a smaller housing footprint that includes both single-family and multi-family residential lots.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to conduct on-site permittee responsible mitigation (PRM) consisting of removal of exotic species and re-planting of native plant species consisting of Slash pine (Pinus elliottii), Cocoplum (Chrysobalanus icaco), Wax myrtle (Myrica cerifera), Myrsine (Rapanea punctata), Walter’s viburnum (Viburnum obovatum), Swamp fern (Blechnum serrulatum), Saw-grass (Cladium jamaicense), Panicum grass (Panicum sp.), Beakrush (Rhynchospora sp.), and Sand cordgrass (Spartina bakeri). Number of plantings and locations will be determined based on existing vegetation densities and vegetation densities following invasive species removal. Additionally, the applicant proposes to preserve 3.52-acres of uplands consisting of primarily pine flatwoods; restore 5.27-acres of upland consisting of exotic species removal and native tree, shrub and groundcover plantings; and create approximately 7,880 linear feet of buffer edge approximately 6-feet wide around the development. Lastly, the applicant proposes to purchase 28.0 wetland credits.
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 (MANLAA) the Florida bonneted bat (Eumops floridanu-Endangered), the Wood stork (Mycteria americana-Threatened), the Florida panther (Puma [=Felis] concolor coryi), the Eastern indigo snake (Drymarchon couperi-Threatened), the American alligator (Alligator mississippiensis-Threatened). The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): The proposed project would not result in impacts to essential fish habitat (EFH) or aquatic resources with a surface water connection to marine or brackish waters.
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 Albuquerque District Regulatory Division, Southern Colorado Branch-Fort Carson Field Office, PO BOX 12611, Colorado Springs, CO 80902, 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, Daniel Delgado, in writing at Albuquerque District Regulatory Division, Southern Colorado Branch-Fort Carson Field Office, PO BOX 12611, Colorado Springs, CO 80902; by electronic mail at Daniel.i.Delgado@usace.army.mil; or, by telephone at (505)231-4187.
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: On January 10, 2024, individual water quality certification has been issued by the South Florida Water Management District.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Management consistency was issued by the South Florida Water Management District on January 10, 2024
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.