SAJ-2024-09179(SP-MAO)

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Michael.Ornella@usace.army.mil.

APPLICANT: Vinaya Sharma

                       Dorset Harbor, LLC

                      306 W 57th Street

        Hinsdale, IL 60521

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Imperial River.  The project site is located at 27400 Arroyal Road in Section 33, 47 South, Range 25 East; at latitude 26.338270° and longitude -81.803838°; in Bonita Springs, Lee County, Florida.

EXISTING CONDITIONS: Currently the site can be described as partially open and disturbed from 50+ years of mowing and fruit tree farming. There is a man-made ditch on the west side of the site, which is open to tide, a small depression in the northeast corner which appears to have limited tidal influence at high tide and a man-made pond on the southeastern end of the site which is not tidally connected. A raised and filled driveway cuts across the southern 1/3 of the site for access to a single-family outparcel. North of this driveway the perimeter and north quarter of the site is comprised of dense exotic plant species with occasional cabbage palm, royal palm and laurel oak intermixed (FLUCFCS 438E4). The shoreline of the site is also comprised exotic species such as Australian pine and sea hibiscus, but north of the mean-high water line and offsite are three very small patches of mangrove out in the river. Another small patch lines the north entrance to the ditch where it meets the river and the inland depression located in the northeast corner of the site.

South of the driveway is a large very degraded wetland that was likely once hydric pine flatwood but it now at least 95% mature exotic trees in various conditions after Hurricane Ian. An odd western finger of the site protrudes into the neighboring boat ramp site and is comprised of palmetto with scattered pines and some exotic trees.

The existing area surrounding the project area consists of the Imperial River to the north, a public boat ramp facility to the west, Arroyal Road and residential areas to the east, and a large stormwater treatment pond to the south.

PROJECT PURPOSE:

Basic: The basic project purpose is the construction of a small subdivision and marina.

Overall: The overall project purpose is the construction of a 10-lot residential subdivision and 7-slip marina in southwest Lee County.

PROPOSED WORK:  The applicant requests authorization to construct 10 single-family homes and a 7-slip fixed dock marina for residential use. In addition to 10 lot sites, a 0.62-acre stormwater system is proposed, and 1.60 acres of natural habitat and waters of the U.S. will be preserved. A residential boardwalk/trail will be provided around the site to access the wet-slip marina lying on the Imperial River and a driveway will be constructed to access the southwestern-most lot and improve access to an existing home situated between the public Imperial River Boat Ramp and this site.

The proposed marina is 898 square feet of over water structure which will require 3,016 square feet (0.07 acres, 56 cubic yards) of dredging required to bring depths under the boats to -4’ mean low water. There is 2,362 square feet of riprap proposed along 137 linear feet of riverfront above the mean high-water line. There are 718 cubic yards of fill proposed over 0.25 acres of wetlands that would increase the existing driveway size to accommodate pavement, curb, utilities and side slope.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The project has been sited to avoid as many resources as practicable while achieving the project purpose. The impacts were limited to the degraded hydric pine wetlands for the neighborhood construction and the dock has been minimized and sited to avoid mangrove impacts to the maximum extent while complying with state and local restrictions.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: As compensation for impacts, the applicant has proposed the purchase of 0.01 saltwater forested credits from Little Pine Island Mitigation Bank and 0.11 freshwater forested credits from Panther 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, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, using the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The USFWS and the NMFS are the lead Federal agencies for ESA consultation for the proposed action. Any required consultation will be completed by the USFWS and NMFS.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 0.04 acres of mangrove fringe. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

While the Resources at Risk report did not directly identify the project area as EFH, the waters at the project site are accessible to marine species and they may be present at the project site.

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.

NAVIGATION: Based on the applicant provided drawings, the proposed structures appear to be in proximity to the edge of the Imperial River (Central and Southern Florida) federal channel.

SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part,   would alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the South Florida Water Management District and has been issued under Permit No. 36-111777-P.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the South Florida Water Management District. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until September 29, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Michael Ornella II at Michael.Ornella@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Michael Ornella II, 701 San Marco Boulevard, Jacksonville, FL 32207.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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