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: Lee County
Department of Transportation
Robert L. Price
1500 Monroe St., Fort Myers, FL 33901
WATERWAY AND LOCATION: The project would affect waters of the United States associated with roadway conveyances and unnamed wetlands within the Alico Road widening project area. The project site is located at Alico Road from just east of Airport Haul Road through the Green Meadow Road intersection in Sections 4, 7, 8 and 9, Township 46 South, Range 26 East, Lee County, Florida.
Directions to the site are as follows: From I-75, take the Alico Road exit. Head east on Alico road for approximately 2.6 miles to the start of the project. The road widening will extend approximately 2.5 miles through the Green Meadow Road intersection, with drainage improvements extending an additional 0.5 miles east of the proposed end of pavement.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.49327°
PROJECT PURPOSE: Basic: Improved vehicle access
Overall: Widening Alico Road from two to four lanes with safety improvements, with room to accommodate a surface water management plan for an ultimate 6-lane design, inclusive of sidewalks, safety improvements at the Green Meadow Road intersection, and drainage improvements at the east end of the project.
EXISTING CONDITIONS: The existing area surrounding the project area consists of agricultural, low-density residential, and light industrial developments, rock mining, agricultural lands and preservation lands. Southwest Florida International Airport is located approximately 1.5 miles north of the project and Florida Gulf Coast University is located approximately 2.0 miles south of the project.
The proposed to be impacted by the project consists or agricultural lands with freshwater wetlands. 7.06 acres of onsite wetland vegetation consists of 3.10 acres of cypress/pine/cabbage palm, 1.89 acres of cypress, 0.85 acres of freshwater marsh, 0.69 acres of vegetation non-forested wetlands, 0.29 acres of hydric pine flatwoods, and 0.24 acres of hydric agricultural land (hydric pasture). Exotic vegetation coverage within the native wetland habitats averages approximately 40%, with some areas having limited coverage by exotics and other areas containing >75% cover.
Man-made surface waters (18.28 acres) are also predominant features in the project corridor, with approximately 14.80 acres of roadside ditch that are part of the stormwater management system for the existing roadway, 0.47 acres of ditch contained to an agricultural field, and 3.01 acres of stormwater ponds for an adjacent development that will be incorporated into the roadway design.
Native upland habitats total ±16.65 acres, which are dominated by pine flatwoods (14.71 acres), hardwood-conifer mix (1.35 acres), palmetto prairie (0.36 acres) and live oak hammock (0.23 acres). Exotic vegetation coverage within the native upland habitats averages approximately 40%, with some areas having limited coverage by exotics and other areas containing >75% cover. Remaining uplands within the project corridor (±66.96 acres) are comprised developed/agricultural land uses and include 35.49 acres of existing roadway, 16.46 acres of improved pasture, 9.86 acres of fallow cropland, 4.56 acres of disturbed land, and 0.59 acres of berm.
PROPOSED WORK: The project design includes widening the existing two-lane roadway with narrow shoulders to four travel lanes, within a typical section that will accommodate sidewalks on both the north and south sides of Alico Road and a wide median to allow for a future six-lane configuration. Safety improvements are also planned at the Alico Road/Green Meadow Road intersection. Two wildlife crossings are proposed underneath Alico Road near the eastern end of the project.
The project results in the direct impact of 6.71 acres of wetlands due to the discharge of ±9,500 cubic yards of fill. Wetland impacts are comprised of 0.24 acres of hydric pasture (Agricultural/Ruderal), 1.89 acres of cypress (Dome Swamp), 3.10 acres of cypress/pine/cabbage palm (Wet Hammock), 0.29 acres of hydric pine (Wet Flatwoods), 0.85 acres of freshwater marsh (Depression Marsh), and 0.34 acres of vegetated non-forested wetland, all containing varying degrees of exotic vegetation. The remaining 0.35 acres of vegetated non-forested wetland within the project boundary will not be directly impacted by the project but have been assessed for 100% secondary impact as discussed under compensatory mitigation.
Approximately 14.88 acres of man-made surface water impacts will occur due to the reconfiguration of 11.87 acres of roadside ditches (±600 cubic yards of cut; ±28,000 cubic yards of fill) for the stormwater management system and the filling of approximately 3.01 acres of existing stormwater ponds (±21,000 cubic yards of fill) for the roadway expansion. The remaining 3.40 acres of surface waters within the project boundary will not be impacted by the road widening. Approximately 9.22 acres of new filter marsh will be constructed on the north side of the roadway (approximately Station 277+00 to 308+00).
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:
Project impacts have been minimized to the extent feasible while maintaining a project boundary that fulfills the project purpose. The applicant has implemented practical design modifications to reduce adverse impacts to the wetland functions.
The applicant conducted an alternative alignment study between 2008-2009 to evaluate a future widening of Alico Road within the currently proposed project corridor and analyze alignments for the future extension of Alico Road north to State Road 82. The applicant analyzed existing traffic data, projected traffic volumes and the need for improvements, as well as evaluated engineering and environmental impacts associated with the project, to determine the most practicable alternative that is now being proposed for permitting/development.
In general, regional hydrology has been altered in the project vicinity due to past agricultural practices, ditching, and mining. Field indicators exhibited lower than anticipated water levels in the wetlands located between Alico Road and the old mine sites, with most wetlands containing significant coverage by invasive, exotic vegetation. These conditions reduce the ecological benefit of the wetlands within the project area, thereby minimizing the loss of wetland function.
Minimization of wetland and surface water impacts also occurs through the design, where feasible, within the constrained linear corridor. The project boundary was shifted south within the existing right-of-way boundary to minimize direct impact to the slough system on the north side of Alico Road to the extent possible. Existing roadside ditches will be utilized/re-contoured to the extent feasible.
In order to minimize adverse impacts to adjacent wetlands, construction adjacent to any type of wetland or surface water will require the use of erosion control measures and the implementation of best management practices (BMP). Implementation of erosion control measures will protect water quality and adjacent habitats and will minimize impacts to the adjacent wetland systems. Additionally, a National Pollutant Discharge Elimination System (NPDES) Permit will be obtained for the project.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Mitigation is proposed for direct and secondary wetland impacts, as well as the lost mitigation value associated with the removal of conservation easement (CE) from the road right-of-way that was previously part of the Wild Blue development.
The Uniform Mitigation Assessment Method (UMAM) was utilized to assess the direct and secondary impacts proposed to result from the project. As all 7.06 acres of wetlands within the project limits are considered directly impacted (6.71 acres) or 100% secondarily impacted (0.35 acres), the existing functional value of the project wetlands equates to the proposed functional loss requiring mitigation. Impacts to the wetlands that had been part of the Wild Blue conservation easement (CE has already been vacated and the land is now owned by Lee County) will receive double mitigation, to account for the direct impact and loss of mitigation value the area had been previously providing for the Wild Blue development.
In addition to the 0.35 acres of 100% secondary impacts within the project boundary, secondary impacts have been assessed to 2.23 acres of adjacent wetlands outside of the project boundary within 25’ of the project area. Secondary impacts have been proposed for 100% loss of function even though the land will remain post-construction. The existing functional assessment scores for those secondary impacts to the remaining Wild Blue conservation easement are consistent with the UMAM scores contained within the Wild Blue permits.
As detailed in the UMAM Analysis in the project file, a total of 5.95 UMAM functional units of mitigation (1.35 herbaceous units and 4.60 forested units) are anticipated to be needed to offset project impacts (6.71 acres direct wetland impacts and 2.57 acres of 100% secondary wetland impacts).
No wetland mitigation is proposed for the man-made ditch impacts associated with the project. Of the 18.28 acres of surface waters within the project area, 14.88 acres will be filled or reconfigured to accommodate the road widening. The remaining 3.4 acres of surface waters within the project boundary will not be impacted by the proposed widening. Approximately 9.22± acres of new filter marsh will be constructed as part of the project (approximately Station 277+00 to 308+00), as well as an approximate 10-acre pond site on the eastern end of the project, resulting in no net loss of surface water acreage.
Mitigation is proposed to be provided at Lee County’s Wild Turkey Strand Preserve Site 90 Mitigation Area (“Site 90 Mitigation Area”), which was previously permitted under USACE Permit No. SAJ-2007-05662 (NWP-WDD).
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 project is located within a Florida Panther (Puma concolor coryi) focus area, a Wood stork (Mycteria americana) Core Foraging Area, and a Florida Bonneted Bat (Eumops floridanus) Urban Bat Area.
The Corps is evaluating any effects to the above listed species. The Corps will request U.S. Fish and Wildlife Service and National Marine Fisheries Service concurrence with determinations pursuant to Section 7 of the Endangered Species Act under separate cover if necessary.
ESSENTIAL FISH HABITAT (EFH): The proposed activity is not located in the vicinity of essential fish habitat.
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, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida, 33919, or by email at Michael.L.Taylor@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, Michael Taylor, by electronic mail at Michael.L.Taylor@usace.army.mil, or in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Fort Myers, Florida 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 is required from the South Florida Water Management District (SFWMD) and has been provided through the issuance of SFWMD Environmental Resource Permit No. 36-110785-P (Application No. 220830-35785) on May 10, 2024.
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.