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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.
Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).
Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.
Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.
Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.
SAJ-2013-02628(SP-ACM)
Expiration date: 10/24/2017
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: 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: Lee County Port Authority
c/o Mark Fisher, Director of Development
11000 Terminal Access Road, Suite 8671
Fort Myers, Florida 33913
WATERWAY AND LOCATION: The project would affect waters of the United States associated with un-named wetlands of the Estero River sub-basin. The project site is located south of the Jet Blue Park on Daniels Parkway in Fort Myers in Section 24, Township 45 South, Range 25 East and Section 19, Township 45 South, Range 26 East, Lee County, Florida.
Directions to the site are as follows: From Interstate 75 (I-75) drive east approximately 2.4 miles. The project site is located on the south side of Daniels Parkway across from Jet Blue Park.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.550803°
Longitude -81.756833°
PROJECT PURPOSE:
Basic: Commercial development
Overall: Airport commercial development in central Lee County in airport commercial development zone.
EXISTING CONDITIONS: The project site measures 7.80 acres. The wetland system consists of a freshwater system. The onsite vegetation consists of 11.64 acres of pine and hydric pine flatwoods system and 0.66 acres of ditches. The existing area surrounding the project area consists of the Jet Blue Sports Park, Daniels Parkway, Gateway Charter School and commercial development to the north, forested lands to the east and west and the general aviation airport to the south.
PROPOSED WORK: The applicant seeks authorization to discharge fill into 7.8 acres of wetlands and 0.66 acres of ditches to construct a commercial development.
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:
On-site wetland preservation and enhancement is not being proposed per Federal Aviation Agency (FAA) Advisory Circular 150/5200-33 (Hazard Wildlife Attractants on or near Airports). The elimination of on-site wetlands communities will reduce avian threats to aircraft and passenger safety. The applicant notes that a Memorandum of Agreement (MOA) between the FAA, the U.S. Air Force, the U.S. Army, the U.S. Environmental Protection Agency (EPA), the U.S. Fish and Wildlife Service (FWS) and the U.S> Department of Agriculture was also finalized in 2003 that outlines the scope of cooperation and coordination between agencies to address aircraft wildlife strikes. The MOA acknowledges the risks of aircraft-wildlife strikes pose to aviation and states that federal agencies will work with landowners to encourage and support wetland restoration or enhancement efforts that do not increase strike potentials.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has provided a preliminary wetland functional assessment indicating that approximately 4.76 freshwater forested and 0.32 freshwater herbaceous units or 6.16 WRAP (Wetland Rapid Assessment Method) credits which includes 5.73 freshwater forested and 0.43 freshwater herbaceous credits from an appropriate mitigation bank that will need to be replaced at an off-site alternative (not near the airport to encourage wildlife strikes). The applicant's compensatory mitigation proposal has not been evaluated.
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: The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon corais couperi) and the wood stork (Mycteria americana). No further consultation is required
The Corps has determined the proposal may affect the Florida Panther (Puma concolor coryi), Florida bonneted bat (Eumops floridanus) and the Red-Cockaded Woodpecker (Picoides borealis). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act 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. 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 and the South Atlantic fisheries. 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 not been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification will be required from the South Florida Water Management District. The SFWMD application number is 170420-12.
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