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: TEG Developers
c/o Mr. Josh Gestetner
365 Route 59, Suite 110
Airmont, NY 10952
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the onsite wetlands. The project site is located at the northeast corner of South McCall Road and Wilmington Blvd in Section 5, Township 41 South, Range 21 East, Port Charlotte, Charlotte County, Florida.
Directions to the site are as follows: From I-75 exit Kings Hwy and head southwest for approximately 0.30 miles to Veterans Blvd and head north/west for approximately 6.90 miles at which point the road becomes El Jobean Road (SR 776) and continue west/south for approximately 8.15 miles at which point the road becomes South McCall Road and continue west for approximately 0.85 miles. Project site is located on the northside of South McCall Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.937090°
Longitude -82.234389°
PROJECT PURPOSE:
Basic: Residential Development
Overall: Construct a residential development in Charlotte County, Florida.
EXISTING CONDITIONS: The project site is undeveloped 46.61± acre parcel site with a wetland system consisting of a 5.61± acre freshwater system. The onsite vegetation consists of disturbed land and mixed hardwoods. The existing area surrounding the project area consists of the Project is bordered by Myakka River Elementary School to the north, South McCall Road (State Road 776) to the south, single-family homes to the east, and Willmington Boulevard to the west.
PROPOSED WORK: The applicant seeks authorization to discharge dredged or fill material into 3.56± acres of wetlands and 8.84 acres of other surface waters. In total, 2.05± acres of wetlands and 2.37± acres of waters will be preserved on-site but not used for compensatory wetland mitigation.
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 proposed site plan has been designed to minimize wetland impacts by focusing the majority of the development footprint in uplands and preserving approximately 2.05 acres of on-site wetlands.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Mitigation for wetland impacts will be provided by purchasing 1.64 wetland mitigation credits from Myakka Mitigation Bank. As such, the proposed Project will not cause a net adverse impact on wetland functions.”
CULTURAL RESOURCES:
The Corps is 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 site is within the consultation areas for the Florida panther (Puma concolor coryi), Florida bonneted bat (Eumops floridanus), the Everglade snail kite (Rostrhamus sociabilis plumbeus), , the eastern black rail (Laterallus jamaicensis jamaicensis), and the tricolored bat (Perimyotis subflavus). Additionally, the site has suitable habitat for the eastern indigo snake (Drymarchon corais couperi) and the wood stork (Mycteria americana).
The Corps has determined the proposed project “may affect” the Florida panther (Puma concolor coryi). This determination is based on use of the Panther Key (February 19, 2007). The Corps will request initiation of formal consultation with the U.S. Fish and Wildlife Service (FWS) pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project “may affect” the Florida bonneted bat (Eumops floridanus). This determination is based on the project impacts occurring within the consultation area. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the the Everglade snail kite (Rostrhamus sociabilis plumbeus), the Florida scrub jay (Aphelocoma coerulescens), the eastern black rail (Laterallus jamaicensis jamaicensis), and the tricolored bat (Perimyotis subflavus). This determination is based on the project impacts occurring within the consultation area. The Corps will request initiation of informal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project “may affect” the eastern indigo snake (Drymarchon corais couperi). This determination was based on use of the Eastern Indigo Snake Programmatic Concurrence Key (August 1, 2017). The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the wood stork (Mycteria Americana) or its designated critical habitat. This determination was based on use of the FWS wood stork key dated May 18, 2010. No further consultation is necessary.
ESSENTIAL FISH HABITAT (EFH):
Navigation: The proposed structure 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 Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Fort Myers, FL 33919 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, 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.
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 intends to issue individual permit No. 43047027.001.
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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