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Dennis Fullenkamp golf course

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Lee County. Dennis Fullenkamp. North Fort Myers, Florida. PROJECT PURPOSE: Basic: The basic project purpose is residential and commercial development. Overall: The overall project purpose is to construct a mixed use residential and commercial development with amenities including a golf course and marina in Cape Coral, 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) and Section 10 of the Rivers and Harbors Act as described below:

APPLICANT: Dennis Fullenkamp

3443 Hancock Bridge Parkway, #101

North Fort Myers, FL 33903

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Caloosahatchee watershed (HUC 8: 03090205). The project site is located at 3900 Orange Grove Boulevard, in Sections 16 and 21, Township 44 South, Range 24 East, North Fort Myers, Lee County, Florida.

Directions to the site are as follows: From I-75, take Exit 143 and head west on Bayshore Road (SR-78) for approximately 5 miles; make a left onto N. Tamiami Trail (Business 41) and head south for approximately 1 mile; make a right onto Pondella Rd and head west for approximately 2.1 mile; make a left onto Orange Grove Blvd and continue south for approximately 2.8 miles; the project is located on the right hand side of Orange Grove Blvd.

APPROXIMATE CENTRAL COORDINATES:Latitude 26.633377°

Longitude -81.920363°

PROJECT PURPOSE:

Basic: The basic project purpose is residential and commercial development.

Overall: The overall project purpose is to construct a mixed use residential and commercial development with amenities including a golf course and marina in Cape Coral, central Lee County, Florida.

BACKGROUND: The Corps issued an Individual Permit to the Paradise Yacht Club on December 2, 1996, for the reconfiguration of the existing marina including a fishing pier. The work approved in the issued permit included the discharge of fill material into 9,527 square feet (0.22 acre) of Waters of the United States (WoUS). All of the work was completed by the expiration date of December 2, 2001, except for a fishing pier which is proposed in this new project.

EXISTING CONDITIONS: The project area is approximately 275 acres in size and consists of the following: 110 acres of golf course and associated support facilities; 21 acres of disturbed pine flatwoods containing an average of 50% exotics; 1 acre of Earleaf acacia (Acacia auriculiformis); 8 acres of Brazilian Pepper (Schinus terebinthifolius); 5.5 acres of Melaleuca (Melaleuca); 2.5 acres of disturbed Cabbage palm (Sabal palmetto); 18 acres of disturbed hardwood/conifer mixed; 1 acre of Australian pine (Casuarina equisetifolia); 7.5 acres of disturbed mixed hardwoods; 6.5 acres of open ditch; 20 acres of disturbed mangrove swamps; 4 acres of disturbed mixed wetland forest; 2.5 acres of disturbed saltwater marshes; 25 acres of disturbed land; 2.5 acres of marina grounds and facilities; 2 acres of undeveloped land within an urban area; 4 acres of spoil areas, berms, roads and utilities and 34 acres of wetland preserve. The area’s surrounding uses consist of residential developments and roads/utilities to the north, west and east; the Caloosahatchee River to the southeast and wetland preserve to the south.

PROPOSED WORK: The applicant seeks authorization to construct a mixed use residential and commercial development consisting of multi-family residences, hotel, spa, office space and renovate an existing 18-hole golf course by the following means:

• excavate 6,100 cubic yards of sediment from 0.63 acre of freshwater wetlands;

• excavate 36,205 cubic yards of sediment from 3.74 acres of waters of the U.S. (ditches);

• place 45,980 cubic yards of fill into 11.40 acres of freshwater wetlands;

• place 40,695 cubic yards of fill into 10.09 acres of waters of the U.S. (ditches) for the proposed development.

The applicant also seeks authorization to expand an existing marina, including the addition of an observation/fishing pier by the following means:

• excavate 212,900 cubic yards of material from 18.93 acres of uplands located adjacent to the existing marina;

• mechanically dredge 13,100 cubic yards of non-vegetated subaqueous bottom material from 4.97 acres of the existing marina basin and inlet to a depth of -6’ Mean Low Water (MLW);

• backfill 44,200 cubic yards of the excavated and dredged material into 5.18 acres of waters of the U.S. (ponds) to -1’ Mean Lower Low Water (MLLW) to facilitate the use of the tidal lagoons for flushing of the marina. The freshwater ponds are up to 10’ deep in some locations, the flushing of the marina would help to avoid "sump" areas in the tidal lagoons that would lower dissolved oxygen.

• create 2.3 acres of marine habitat consisting of 47,430 square feet (1.08 acres) of mangrove planting areas and 53,270 square feet (1.22 acres) of Spartina Alterniflora marshes.

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 project will consist of preserving and enhancing 32.22 acres of habitat on-site including 27.51 acres of wetlands, 1.83 acres of waters and 2.88 acres of uplands.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The project will consist of preserving and enhancing 32.22 acres of habitat on-site including 27.51 acres of wetlands, 1.83 acres of waters and 2.88 acres of uplands. Credits will also be purchased from a mitigation bank to offset impacts to wetlands.

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:

* Florida bonneted bat (Eumops floridanus): The Corps has determined the project “may affect” the bat. The project is located within the consultation area of the bat and the habitat present at the project site could support the presence of the species including upland and wetland forests and open freshwater wetlands. The project is greater than 5 acres and suitable habitat impacts would be greater than 1 acre in size. The Corps will request formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.

* Eastern indigo snake (Drymarchon corais couperi): The Corps has determined the project “may affect, but is not likely to adversely affect” the snake. The habitat present at the project site could support the presence of the species. The Corps will request FWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

* Red cockaded woodpecker-RCW (Leuconotopicus borealis): The Corps has determined the project “may affect, but is not likely to adversely affect” the woodpecker. The project is located within the RCW consultation area and the habitat present at the project site could support the presence of the species as defined in the SLOPES guidance. The Corps will request FWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

* Wood stork (Mycteria americana): The Corps has determined the project “may affect, but is not likely to adversely affect” the Wood stork. Use of the Wood Stork Effect Determination Key dated August 13, 2013, resulting in the sequential determination as followed: A > B > C > E1. The project is located within the 619041 Wood Stork Nesting Colony Buffer and is greater than .5 acre in size and is located approximately 7 miles from the active colony site at Midway Island. The Corps will request FWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

* Scrub jay (Aphelocoma californica): The Corps has determined the project “may affect, but is not likely to adversely affect” the Scrub jay. The project is located within the Scrub jay consultation area and the habitat present at the project site could support the presence of the species as defined in the SLOPES guidance, including pine-flatwoods. The Corps will request FWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

* Eastern black rail (Laterallus jamaicensis jamaicensis): The Corps has determined the project “may affect, but is not likely to adversely affect” the Eastern black rail. The habitat present at the project site could support the presence of the species. The Corps will request FWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

* West Indian manatee (Trichechus manatus) - The Corps has determined the project “may affect” the West Indian manatee and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A>B2. The Corps will request formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.

* Smalltooth sawfish (Pristis pectinata) and its designated critical habitat: The Corps has determined the project “may affect, but is not likely to adversely affect” the Smalltooth sawfish and its designated critical habitat. The Corps made this determination based on the National Marine Fisheries Service (NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The Corps will consult with the NMFS pursuant to Section 7 of the Endangered Species Act, utilizing the JAXBO Superseding procedure, by separate letter.

* Swimming sea turtles: The Corps has determined the project “may affect, but is not likely to adversely affect” the Swimming sea turtles. The Corps made this determination based on the National Marine Fisheries Service (NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The Corps will consult with the NMFS pursuant to Section 7 of the Endangered Species Act, utilizing the JAXBO Superseding procedure, by separate letter.

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 impact approximately 4.97 acres of estuaries, waters and substrates within the Gulf of Mexico that is utilized by various life stages of Red Drum (Sciaenops ocellatus), Reef fish (various spp.), Migratory/Pelagic fish (various spp.), Snapper/Grouper Complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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, 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, Michelle Bartley, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, Florida 33919 or by electronic mail at michelle.l.bartley@usace.army.mil; or by telephone at (239) 334-1975 ext. 0006.

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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