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Southbooke Medical Office, LLC

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Collier County, Southbooke Medical Office LLC,Naples, Florida

PROJECT PURPOSE:

Basic: The basic project purpose is for a commercial development.

Overall: The overall project purpose is for a commercial development with stormwater management system, infrastructure and amenities in Collier County, Florida.

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: Southbooke Medical Office, LLC

c/o Brian Howell

9015 Strada Stell Court, #102

Naples, Florida 34109

WATERWAY AND LOCATION: The project contains forested freshwater wetlands and other waters of the U.S. and is located within portions of Section 29, Township 48 South, and Range 26 East in Collier County, Florida. The site is situated between Immokalee Road and Autumn Oaks Lane approximately 0.75± miles east of I-75.

Directions to the site are as follows: From the intersection of US 19/I-75 head east approximately 0.75 miles. The site will be on the right.

APPROXIMATE CENTRAL COORDINATES: Latitude 26.2049 °

Longitude - 81.7493 °

PROJECT PURPOSE:

Basic: The basic project purpose is for a commercial development.

Overall: The overall project purpose is for a commercial development with stormwater management system, infrastructure and amenities in Collier County, Florida.

EXISTING CONDITIONS: The project site located on a ±5.18 acre parcel. The site is undeveloped and is composed of exotic infested wetland forested mixed habitat. The site is bordered on the north of Immokalee Road, the south by Autumn Oaks Lane, the east by undeveloped but disturbed natural areas, and the west by a storm water management system for an adjacent project.

PROPOSED WORK: The applicant proposes to discharge of 6,098 cubic yards of clean fill in 3.78 acres of freshwater forested wetlands for the construction of two (2) 19,981 SF buildings for medical office use along with associated parking area, utility infrastructure, stormwater management system, and landscaping and irrigation system.

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 Consultant has reviewed the site plan to determine if plan modifications could be made to preserve wetlands on the property. The applicant has implemented practical design modifications to reduce adverse impacts to the wetland functions provided by the higher quality wetlands and focusing unavoidable impacts to lower quality wetlands.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

To offset anticipated impacts to 3.78 acres of wetlands, the applicant has proposed on-site wetland enhancement combined with the purchase of the appropriate number of mitigation bank credits from a Federally-approved mitigation bank within the service area of the proposed project.

CULTURAL RESOURCES:

The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES:

1) The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Key dated January 25, 2010 and revised August 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E MANLAA pursuant to the Key. This determination is based on the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake.

2) The Corps has determined the project may affect, but is not likely to adversely the wood stork (Mycteria americana). The Corps received FWS concurrence letter, dated May 18, 2010 (amended on August 13, 2013) for all work that results in a “may affect, not likely to adversely affect” determination using the Wood Stork Effect Determination Key. The applicant will provide the required short/long hydroperiod compensation through the purchase of federal credits at a mitigation bank within the service area. 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.

3) The Corps has determined the project may affect the Florida bonneted bat (Eumops floridanus). The project is located within the consultation area of the FBB. Furthermore, the project site is 5 ac or greater and includes more than 1 ac (alone or combined) of the following FBB habitat types: upland or wetland forest; upland or wetland shrub; or open freshwater wetlands. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.

4) The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida scrub-jay (Aphelocoma coerulescens) or its designated habitat. The proposed project is within the consultation area for the Florida scrub-jay. No critical or foraging habitat types utilized by Florida scrub-jays are found within or adjacent to the project area. 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.

5) The Corps has determined the proposed project may affect, but is not likely to adversely affect the red-cockaded woodpecker (RCW) (Picoides borealis). Although the project occurs within the Consultation Area of the endangered RCW, the habitats found on the proposed project area are not suitable for the RCW and there is limited open areas for foraging and nest tree development. In addition, there are no documented active RCW colonies within or adjacent to the project area. 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.

6) The Corps has determined the proposed project may affect, but is not likely to adversely affect the Everglades snail kite (Rostrhamus sociabilis plumbeus) or its designated critical habitat. The proposed project is within the consultation area for the snail kite. No habitat types utilized by the Everglades snail kite are found within or adjacent to the project area. 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.

The U.S. Army Corps of Engineers has determined the proposal will not affect any other threatened or endangered species or designated critical habitat other than the ones listed above.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the project area of reference. 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.

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.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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 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 J. Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at (239) 334-1975.

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

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.

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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