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 Shell Oaks and as described below:
APPLICANT: D.R. Horton c/o Wayne Everett
10541 Six Mile Cypress Parkway
Fort Myers, Florida 33966
WATERWAY AND LOCATION: The project site, including on-site preservation areas, totals 40.24± acres and is located in Sections 34 and 35, Township 40 South, Range 23 East, Charlotte County. The site contains approximately 10.66± acres of wetlands and 2.40± acres of other surface waters located with the Charlotte Harbor-Peace River Watershed (10-HUC No. 0310010111).
Directions to the site are as follows: From Interstate 75, take exit 164 and head east on Highway 17 for approximately 1.5 miles, then turn right onto Bermont Road. Continue east on Bermont Road for approximately 0.5 mile. The Project site is located on the north side of Bermont Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.948455°
Longitude: -81.993927°
PROJECT PURPOSE:
Basic: The basic project purpose is residential housing.
Overall: The project’s overall purpose is to develop an economically viable residential development in central Charlotte County to meet local demand.
EXISTING CONDITIONS: The wetland system consists of 10.66± acres of freshwater wetlands and 2.40± acres of other surface waters. The site primarily consists of historically cleared land and forested habitats that have been degraded by heavy infestation of exotic vegetation, including melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), and Peruvian primrose willow (Ludwigia peruviana). The site is located on the north side of Bermont Road, approximately 0.1 mile south of Duncan Road (U.S. Highway 17) and approximately 1.5 miles north of Punta Gorda Airport. The Project’s southern boundary abuts Bermont Road. Single- and multi-family residential developments are located to the north, east, and west of the site.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 10.66± acres of wetlands and 2.29± acres of waters for the construction of a residential development with associated roadways, parking, amenities, surface water management system, and other associated infrastructure.
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 considered design alternatives for the Project to minimize the discharge of dredge and fill material into regulated waters. The existing surface water canal located within the Project is hydrologically connected to the Peace River. Due to the location of the canal, site plan design considerations for the Project needed to include the re-alignment of this canal. An alternative plan considered for the Project proposed to relocate the existing canal and reduce wetland impacts by preserving wetlands on the northeastern portion of the site. The loss of lots associated with the reduction of the project footprint combined with the cost of relocating the canal were determined not to be an economically viable alternative for the applicant.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory wetland mitigation will be provided through the purchase of 5.39 credits from the Little Pine Island Mitigation Bank.
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.
The Florida Department of State, Division of Historical Resources (DHR) issued a letter dated December 20, 2022, stating that development of the Shell Oaks 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.
ENDANGERED SPECIES: The Corps has determined the proposed project will have no effect on the Florida scrub jay (Aphelocoma coerulescens) and red-cockaded woodpecker (Leuconotopicus borealis). The proposed project may affect, but is not likely to adversely affect, the eastern indigo snake (Drymarchon couperi), crested caracara (Caracara plancus), wood stork (Mycteria americana), Florida bonneted bat (Eumops floridanus), and tri-colored bat (Perimyotis subflavus). No critical habitat has been designated for the Florida scrub jay, red-cockaded woodpecker, eastern indigo snake, crested caracara, or wood stork 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 U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): This notice does not include consultation with the National Marine Fisheries Service on EFH, as the project area is inland and not in the vicinity of waters that can provide such 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 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 Southern Colorado Branch Permits Section, 1970 East 3rd Avenue Suite 109, Durango, Colorado 81301 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, Tucker Feyder, in writing at the Southern Colorado Branch Permits Section, 1970 East 3rd Avenue, Suite 109, Durango, Colorado 81301; by electronic mail at Tucker.J.Feyder@usace.army.mil; or, by telephone at (970) 259-1604.
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 Southwest Florida Water Management District (SWFWMD). An Environmental Resource Permit (ERP) has been issued by SWFWMD for the project (ERP No. 43028067.004). Issuance of the ERP constitutes state water quality certification.
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.