SAJ-2023-01340 (SP-MLT)

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 waters of the United States, including wetlands, associated with the Caloosahatchee Ridge proposed development in the Caloosahatchee Watershed (HUC 8: 03090205). The project site is located on five adjoining undeveloped parcels located at: 16431 State Route 31, 25-43-25-00-00002.0010, 25-43-25-00-00002.0190, 25-43-25-00-00002.0110, 25-43-25-00-00002.0080, 25-43-25-00-00002.0090, and 25-43-25-00-00002.004B in Section 25, Township 43 South, Range 25 East, Fort Myers, Lee County, Florida.

Directions to the site are as follows:  From I-75 take exit 141 to Highway 80 east, Turn left on State Route 31 and travel 0.5 miles north and the site will be on the left.

PROJECT PURPOSE:  Basic:  Residential development

Overall:  To construct a residential multi-family community in Lee County, Florida. 

EXISTING CONDITIONS:  The proposed project area is 102.15 acres including approximately 11.27 acres of wetlands, 1.98 acres of other waters impacts, and 1.72 acres of uplands.  The entire project footprint consists of disturbed wetlands and uplands. Based on a review of historic aerial photography, the property had been primarily forested and in its current state since 1985. There is a 25-foot wide utility easement/transmission line in the western portions of the property.

The surrounding area consist of a marina to the north, the Caloosahatchee River to the west, State Route 31 to the east and undeveloped vegetated private parcels to the south.

PROPOSED WORK:  The Caloosahatchee Ridge will consist of multi-family residential with multi-story buildings, amenity centers, and recreational areas. The project will also include a storm water management system consisting of dry retention areas, wet detention areas, roadways, parking lots, and supporting infrastructure such as storm, water, and sewer utilities. The development will have impacts on wetlands other waters. The proposed project will impact approximately 11.27 acres of wetland impacts, 1.72 acres of upland impact, and 1.98 acres of other waters impacts.

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.

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 development plan was designed to preserve and enhance the majority of wetlands throughout the site. Impacts to wetlands are unavoidable.

The Corps has not finalized its review of offsite or onsite alternatives for this project.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The wetland mitigation plan consists of preserving/enhancing 50.36 acres of wetlands that will be preserved as one large preserve. Preservation will be enhanced by the removal of exotic and/or nuisance vegetation and replanting. In addition, In addition, the applicant proposes to purchase 0.948 credits of forested freshwater wetlands and 3.815 credits of herbaceous freshwater wetlands from an approved mitigation bank.

The Corps has not finalized its review of the applicant’s proposed mitigation. The Corps notes that the project may be within the service area of at least one Corps-approved mitigation bank.

CULTURAL RESOURCES:  The Corps is not 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 project is within the consultation areas for the Florida bonneted bat (FBB) and within the core foraging area of at least one wood stork colony. The project site contains suitable habitat for the eastern indigo snake, the Crested Caracara, the Eastern Black Rail, the Everglade Snail Kite, the Red-cockaded Woodpecker, the Rufa Red Knot, and the Florida Panther. The project proposes no impacts to the Caloosahatchee River and associated species and habitats.

Based on the location of the project and the onsite habitat, the Corps has not yet made affect determinations for species and habitats within and near the project.

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 no substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico pr Caloosahatchee 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.

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 project manager, Michael Taylor, through the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, FL 33919 by email at Michael.l.taylor@usace.army.mil  within 15 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 Taylor, by electronic mail at Michael.L.Taylor@usace.army.mil; by telephone at (239) 922-3885, or in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Fort Myers, FL 33919. 

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 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.