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Mr. Charles H. Huether commercial development

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Lee County. Mr. Charles H. Huether; Keystone Creek, LLC. Fort Myers, Florida. PROJECT PURPOSE: Basic: To construct a commercial development. Overall: To construct a commercial development and associated infrastructure with major road access, near I-75, and in central Lee 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:

Mr. Charles H. Huether

Keystone Creek, LLC

10130 Bertram Lane

Fort Myers, Florida 33919

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Six Mile Cypress Preserve which connects to Estero Bay via Ten Mile Canal. The 5.5+/- acre project site is located at 11187 SR 82 and Buckingham Road, Section 26, Township 44 South, Range 25 East, in Fort Myers, Lee County, Florida.

Directions to the site are as follows: From Interstate 75 (I-75) south, take Exit #138 to State Route (SR-82) in Lee County and travel approximately 1.60+-/ miles east. The project site is located on the parcel at the SR-82 and Buckingham Road intersection.

APPROXIMATE CENTRAL COORDINATES:

Latitude 26.627035 Longitude -81.776413

PROJECT PURPOSE:

Basic: To construct a commercial development.

Overall: To construct a commercial development and associated infrastructure with major road access, near I-75, and in central Lee County, Florida.

EXISTING CONDITIONS: The 5.55± acre project is located within a portion of Section 26, Township 44 South, Range 25 East, in Lee County, Florida. The parcel is bordered to the south, west, and east by State Road 82 and Buckingham Road, and to the north by undeveloped land. The wetland system consists of a 4.13-acres of palustrine non-tidal forested wetland system. The majority of this site consists of hydric pine flatwoods invaded by exotic plant species. The onsite vegetation consists of portions of the hydric pine flatwoods which have become almost completely overgrown by a canopy of melaleuca (Melaleuca quinquenervia), with scattered slash pine (Pinus elliottii). Understory and ground cover species present in this area include myrsine (Rapanea punctata), cabbage palm (Sabal palmetto), swamp bay (Persea palustris), saw palmetto (Serenoa repens), stinkweed (Pluchea sp.), beakrush (Rhynchospora sp.), scattered Brazilian pepper (Schinus terebinthifolius), buckthorn (Sideroxylon sp.), and saw-grass (Cladium jamaicense), with widely scattered swamp fern (Blechnum serrulatum). A disturbed area occurs along the northern edge of the parcel. Vegetation in this area includes broomsedge (Andropogon virginicus), Bahia grass (Paspalum notatum), ragweed (Ambrosia artemisiifolia), whitehead broom (Spermacoce verticillata), flatsedges (Cyperus species), with widely scattered Brazilian pepper and cabbage palm. A portion of the northern cleared and disturbed area along Old Buckingham Road is vegetated primarily by transitional wetland species. This includes seedling melaleuca, stinkweed, beakrush, yellow-eyed grass (Xyris sp.), arrowhead (Sagittaria sp.), panicum grass (Panicum sp.), St. John’s wort (Hypericum sp.), marsh pennywort (Hydrocotyle umbellata), para grass (Urochloa mutica), and scattered earleaf acacia (Acacia auriculiformis). Aerial imagery from 1980 shows that SR-82 forked at this location, and the parcel was located in between the two roads at the fork. By the early 1990’s, an extension was built south, completely isolating this parcel by major roads. Circa 2009 SR-82 was expanded and the road to the north of the parcel was removed, leaving a dirt access road. Currently, the parcel is bordered to the east, south, and west by major roadways, and to the north by the dirt access road. The existing area surrounding the project area consists of wetland associated with the Six Mile Cypress Preserve.

PROPOSED WORK: The applicant seeks authorization to discharge fill into4.13-acres of non-tidal forested wetlands including the construction of a commercial development with associated buildings, access roads, a parking lot, utilities, and a stormwater management system at 11187 SR-82 and Buckingham Road, in Fort Myers, Lee County, Florida.

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 has reviewed other possible sites that would meet the overall project purpose and determined that no other practicable alternatives area available and capable of being developed after taking into consideration cost, existing technology, and logistics in light of the overall project purpose”.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The 4.13-acres of permanent wetland impacts will be mitigated via the purchase of federal mitigation credits from an approved mitigation bank where the project is located within the appropriate service area. A Uniform Mitigation Assessment Method (UMAM) matrix was provided indicating that 1.68 credits would be required for compensatory mitigation. This assessment will be reviewed by the Corps and a final credit assessment will be determined if and when a DA permit is authorized.

CULTURAL RESOURCES: The applicant and the Corps are 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: The Corps has determined that the proposed project is located with the consultation areas of the following listed species:

• Audubon’s Crested Caracara (Caracara cheriway)

• Eastern Indigo Snake (Drymarchon corais couperi)

• Everglades Snail Kite (Rostrhamus sociabilis plumbeus)

• Florida bonneted bat (Eumops floridanus)

• Florida Panther (Puma concolor coryi) – Focus Area

• Florida Scrub Jay (Aphelocoma coerulescens)

• Red Cockaded Woodpecker (Picoides borealis)

• Wood Stork (Mycteria americana) – Core Foraging Areas (CFAs)

The project site does not contain any designated critical habitat for the species listed above.

The Corps has determined the proposed project may affect, but is not likely to adversely affect (MANLAA) the Florida Panther (Puma concolor coryi) and may affect the Florida bonneted bat (Eumops floridanus). The Corps will request U.S. Fish and Wildlife (USFWS) concurrence with these determinations pursuant to Section 7 of the Endangered Species Act (ESA).

Florida bonneted bat - The project is located within the consultation area of Florida bonneted bat (FBB), but is not within a designated focal area. Potential impacts to the FBB were evaluated using the 2013 FBB consultation guidelines key, the project keys out 2>c>May Affect because the project site is just over 5 acres at 5.5+/- acres and has more than 1-acre of FBB habitat. Furthermore, the applicant indicated that the project site was surveyed and there were no cavities in the trees, but one snag (i.e. potential roosting site) was identified. A request for concurrence with this May Affect determination will be made to USFWS pursuant to Section 7 of the ESA.

Florida Panther - The project is located within the Florida panther secondary focal areas. Potential impacts to the panther were evaluated using the February 19, 2007 Florida Panther Effect Determination Key which keyed out A>C>May Affect because the project is greater than 1 acre. However, because of the project location near the edge of secondary focal area boundary, the fact that the parcel is surrounded by roads, including SR-82, Buckingham Road, and a dirt road, and since the project will have little impact on vehicle patterns that already exist in the area, the Corps has determined that the project may affect, but is not likely to adversely affect the Florida panther. The Corps will request concurrence with this MANLAA determination pursuant to Section 7 of the ESA.

The Corps has determined the proposal would have no effect on the following listed threatened or endangered species and the corresponding no effect determinations for these species are as follows:

Audubon’s Crested Caracara – The project site is located within the caracara consultation area but does not support suitable habitat that would be utilized by the caracara, so the Corps has determined that the project will have no effect on this species and no further consultation will be required.

Eastern Indigo Snake - Use of the July 2017 Revised Eastern Indigo Snake Programmatic Effect Determination Key resulted in the following sequential determination: A>B>C>D>NLAA with no further consultation is necessary for the effects of the proposed action on the eastern indigo snake. This determination is based on the project’s impacts to less than 25 acres of eastern indigo snake potential habitat, the site having no known active or inactive gopher tortoise burrows, and the applicant’s willingness to adhere to the Service’s Standard Protection Measures for the Eastern Indigo Snake during site preparation and project construction.

Everglades Snail Kite - The project site is located within the snail kite’s consultation area but does not support suitable habitat that would be utilized by the kite, so the Corps has determined that the project will have no effect on this species and no further consultation with USFWS will be required.

Florida Scrub-Jay - The project is located with the Florida Scrub-Jay consultation area. However, the project site does not support suitable scrub habitat utilized by the Scrub-Jay, so the Corps has determined that the project will have no effect on the scrub-jay and no further consultation will with USFWS will be required.

Red Cockaded Woodpecker – This project is located with the Red Cockaded Woodpecker (RCW) consultation area. The project site does not support suitable habitat that would support the RCW. Furthermore, a cavity survey was conducted and no cavities that could be potentially utilized by the RCW were identified. The Corps has determined that the project will have no effect on this species and no further consultation with USFWS will be required.

Wood Stork - The project is located within the wood stork colonies buffer areas or core foraging area. However, the site does not support suitable foraging habitat. The Corps has determined that the project will have no effect on the wood stork and no further consultation with USFWS will be required.

The Corps has determined that the project will have no effect to ESA listed species under the jurisdiction of National Marine Fisheries Service (NMFS), as this project is not located near or adjacent to any tidal of freshwater waterways that could support these species.

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. The proposal would not impact any habitat utilized by EFH species. Our initial determination is that the proposed action would not have an effect on EFH or Federally managed fisheries. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.

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 to date, but the applicant has requested a preliminary jurisdictional determination.

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, 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, Katy Damico, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, Florida 33919; by electronic mail at Katy.R.Damico@usace.army.mil; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7076.

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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