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: Colonial Plaza Holdings LLC
C/o Gaylon Peters
4055 Losillias Drive
Sarasota, FL 34238
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Ten-mile Canal. The 28.2± acre project site is located adjacent to the Six Mile Cypress Slough Preserve at 10581 Colonial Boulevard, at Section 26, Township 44 S, Range 25 E, Fort Myers, FL 33913.
Directions to the site are as follows: Take I-75 to Exit 136 - Colonial Boulevard, head east 1/4 mile. The project is on north side of Colonial Boulevard immediately across from the intersection of Treeline and Colonial.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.61478°
Longitude - 81.78258°
PROJECT PURPOSE:
Basic: Commercial development
Overall: To construct a commercial development in central Lee County, Florida
EXISTING CONDITIONS: The project site contains a total of 17.23 acres of wetlands and 0.06 acres of OSW. The wetlands extend offsite to the north. The native wetland habitats include hydric pine flatwoods and cleared disturbed hydric areas with varying degrees of coverage by nuisance and exotic species. The other surface waters (OSW) consists of a cowpond within a disturbed hydric area.
PROPOSED WORK: The applicant seeks authorization to construct a commercial development with associated infrastructure, amenities, and surface water management system. The commercial development will consist of commercial uses abutting Colonial Boulevard. The proposed project will involve the discharge of approx. 10,342 cubic yards of fill material into 3.98± acres of Corps jurisdictional wetlands and preserve, enhance, and restore 12.63± acres of wetlands and 7.69± acres of uplands.
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:
A 12.63± acre preserve area will be retained on the west and northern portions of the Project. The preserve area is comprised of 12.63± acres of freshwater forested wetlands and 7.69± acres of upland preserve and buffer. The on-site preserve will be protected in perpetuity through a conservation easement. The project proposes to directly impact 3.98± acres of wetlands (these impacts are primarily within the low-quality, exotic infested wetlands); there will be an additional 0.62± acres of wetlands secondarily impacted. There will be 12.63± acres of wetlands preserved and enhanced through exotic removal and an additional 7.69± acres of uplands preserved and enhanced through exotic removal.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes 12.63± acres of wetland preservation and enhancement through exotic removal. In addition, there will a purchase of 2.04 wetland mitigation credits from a federally approved mitigation bank to offset the impacts to 3.98 acres of wetlands proposed for impact.
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:
The Corps has reviewed the following endangered species and the affects the proposed project may have on the Eastern indigo snake (Drymarchon corais couperi), Florida panther (Puma concoryli), Florida bonneted bat (Eumops floridanus), Everglade snail kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Caracara cheriway), Red-cockaded woodpecker (Picoides borealis), and wood stork (Mycteria americana).
Eastern indigo snake: The Corps has made the determination of not likely to adversely affect for the eastern indigo snake (Drymarchon corais couperi). The Corps has concurrence with this determination pursuant to The Eastern Indigo Snake Programmatic Effect Determination Key, Revised July 2017 (Indigo Snake Key). Use of the Eastern Indigo Key resulted in the following sequential determination: A-B-C-D-NLAA. This determination is based on the applicant following Standard Protection Measures for the Eastern Indigo Snake, August 2013.The Corps has made the determination of “may affect, not likely to adversely affect”, for the Eastern indigo snake (Drymarchon corais couperi). The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination key.
Florida panther: The Corps has completed an evaluation of the impacts the work may have on the Florida Panther (Puma concolor coryi). The Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and State of Florida Panther Effect Determination Key, February 19, 2007 (Panther Key). Use of the Panther Key resulted in the following sequential determination: A-C-> “May Affect” since the project is located within the Florida panther focus area and is greater than one acre. The Corps will request formal consultation on this species from the US Fish and Wildlife Service via a separate letter.
Florida bonneted bat: The Corps has determined the project may affect the Florida bonneted bat. The project lies within the consultation area for the Florida bonneted bat and contains roosting habitat for the species. The Corps will request formal consultation on this species from the US Fish and Wildlife Service via a separate letter.
Everglade snail kite: The Corps has determined the proposed project may affect, but is not likely to adversely affect, the Everglade snail kite (Rostrhamus sociabilis plumbeus). The proposed project is within the consultation area for the snail kite. No habitat types utilized by Everglade snail kites are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Audubon’s crested caracara: The Corps has determined the proposed project may affect, but is not likely to adversely affect, the caracara (Caracara cheriway). The proposed project is within the consultation area for the Caracara. No habitat types utilized by the caracara are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Red-Cockaded Woodpecker: The Corps has determined the project “may affect, but is not likely to adversely affect” (MANLAA) on the red-cockaded woodpecker. The project lies within the consultation area for the woodpecker, and potential habitat is present at the project site. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
Wood Stork: The Corps has made the determination of may affect, but is not likely to adversely affect, for the wood stork and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in South Florida, January 2010 (Wood Stork Key). Use of the Wood Stork Key resulted in the following sequential determination: A-B-C-E-NLAA. The project lies within the buffer of a colony site, and the habitat compensation replaces foraging value, consisting of wetland enhancement or restoration matching the hydroperiod of the wetlands affected, and provides foraging value similar to or higher than the affected wetlands. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination key.
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 Jacksonville Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, Florida 33919 within 21 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, Stephen Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Fort Myers, Florida 33919; by electronic mail at: Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at (239) 334-0975.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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.
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). The SFWMD issued ERP No. 36-109562-P on February 20, 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.
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