FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY

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1 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY Environmental Management 06/17 Project Name: Able Canal Pathway from Harns Marsh to Joel Blvd. PD&E Study FM#: ETDM#: FAP#: A Project Review 2/12/2018 Date: FDOT District: 1 County(ies): Lee A DOA IS REQUIRED FOR EACH SECTION 4(f) PROPERTY AND PROPOSED ALTERNATIVE. Project Description including Section 4(f) Specific Information: This project proposes to construct a new, 12-ft. wide shared-use pathway along the Able Canal in Lehigh Acres, from Harns Marsh to Joel Boulevard, for a distance of approximately 5.58 miles. The pathway will extend an additional 0.4 miles to "tie-in" to a Harns Marsh access point, located north of the Able Canal. The North Alternative, which is the Recommended Alternative, is located along the north side of the Able Canal for the entire project and is completely situated within Lehigh Acres Municipal Services District (LA-MSID) right-of-way. This alternative will not be situated on or immediately adjacent to the Able Canal Park property. The property is located on the south side of the Able Canal, approximately 100 feet south of the Recommended Alternative. There are no proposed pathway connections to this parcel as part of this project. Type of Property Check all that apply: Public Parks and Recreation Areas Wildlife and Waterfowl Refuges Historic Sites Description of Property: Able Canal Park is approximately 0.21 acres, and is owned and maintained by Lee County. This is a vacant parcel, with no evidence of designated public use. The parcel is adjacent to a pedestrian bridge that crosses the Able Canal in the vicinity of Lehigh Acres Elementary School. Adjacent to the parcel along the canal bank is a boat ramp with an old gate that blocks vehicular access. This ramp is within LA-MSID right-of-way and is occasionally used by them for canal maintenance. The parcel was identified as a potential Section 4(f) resource based on Lee County Property Appraiser records, which identified it with the "vacant parcel - Able Canal park" name. However, the county indicated that this parcel is not intended for use as a public park and there are no plans for future park development. Based on this information that the property's major purpose is not for park or recreational activities, Section 4(f) is determined to not apply. Criteria of Selected Property Type(s): Public Parks and Recreation Areas o o o o DRAFT Must be publicly owned which refers to ownership by local, state or federal government Ownership can also include permanent easements and long-term lease agreements Must be open to the public during normal hours of operation The major purpose must be for park or recreation activities Must be designated or function as a significant park or recreational area. Applies to the entire park or recreation area not just a specific feature Wildlife and Waterfowl Refuge o Must be publicly owned which refers to ownership by local, state or federal government; Ownership can also include permanent easements and long-term lease agreements; o Must be open to the public but refuges are able to restrict access for the protection of refuge habitat and species;

2 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY Environmental Management 06/17 o The major purpose must be for wildlife and waterfowl refuges; o Must be designated or function as a significant as a wildlife and waterfowl refuges; - Applies to the entire wildlife and waterfowl refuges not just a specific feature Historic Sites- includes historic buildings, historic transportation facilities, archeological sites, traditional cultural places, historic & archeological districts and historic trails. o Must be of national, state or local significance and it must be eligible for listing or is listed on the National Register of Historic Places (NRHP); or o If a site is determined not to be eligible OEM may determine that the application of Section 4(f) is otherwise appropriate when an official (such as the Mayor, president of a local historic society) provides information to support that the historic site is of local importance. Does the identified resource meet all of the criteria for the selected property type? DRAFT Yes, continue to complete the form No, STOP Section 4(f) does not apply Identify the Official(s) with Jurisdiction (OWJ) contacted: Date correspondence sent to the OWJ: Click here to enter a date. Has the Official(s) with Jurisdiction (OWJ) responded? Has the 30 day response period passed since the initial OWJ correspondence was sent? Yes Yes Please answer the questions below about the resource: Note: A potential source for this information can include the property management plan, resource website and/or communications with the OWJ (be sure to document these communications in writing). No No What is the size and location of the property (include a map of the resource)? Who/what organization owns/manages the property? What is the primary function (activities, features and attributes) within the meaning of Section 4(f) of the facility or property? Please describe the location of available appurtenances and facilities (e.g. tennis courts, pools, shelter houses, sports fields, beaches) on the property: What is the function of/or the available activities on the property?

3 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY Environmental Management 06/17 Access and Usage of the property by the Public: Relationship to other similarly used lands/facilities in the vicinity: Are there any unusual characteristics of the property that either limit or enhance the value of the resource? If so please explain: Describe project activities that could potentially use the resource: If applicable, give a general description of the history of the Historic Site, Archaeological Site or Historic District: Based on the above information the recommended level of Section 4(f) evaluation for this property is: Select the level of Section 4(f) evaluation: Choose an Item Reason the selected level is appropriate: Supporting Documentation The following items must be attached to this form: 1. A map of the resource based on the guidelines in the PD&E Manual Part 2, Chapter 7, including the proposed alternative being evaluated. 2. Statement of Significance from OWJ or FDOT s presumption of significance. DRAFT 3. Determination of Eligibility or Listing in the National Register of Historic Places, Archaeological Site (include criterion of eligibility) or a Historic District if applicable. Signatures The environmental review, consultation, and other actions required by applicable federal environmental laws for this project are being, or have been, carried out by FDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 14, 2016, and executed by FHWA and FDOT. Signature: : 11/28/2018 Preparer Date Signature: Environmental Manager, or designee Click here to enter a date. Date OEM Concurrence:

4 FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY Environmental Management 06/17 Signature: Director of OEM, or designee Click here to enter a date. Date DRAFT

5 Attachment 1 Project Location Map with Potential Section 4(f) Resources

HARNS MARSH HARNS MARSH ELEMENTARY & MIDDLE SCHOOLS Legend SUNSHINE BLVD N Proposed Pathway PROJECT BEGINS LEE BLVD Potential Section 4(f) Sites TOWN LAKES FLORIDA GOVERNMENTAL UTILITY AUTHORITY 0 0.

6 HARNS MARSH HARNS MARSH ELEMENTARY & MIDDLE SCHOOLS Legend SUNSHINE BLVD N Proposed Pathway PROJECT BEGINS LEE BLVD Potential Section 4(f) Sites TOWN LAKES FLORIDA GOVERNMENTAL UTILITY AUTHORITY Miles G. WEAVER HIPPS ELEMENTARY SCHOOL W 12TH ST LEHIGH ACRES COMMUNITY PARK NORTH BARBARA FARRELL PARK ABLE CANAL PARK ¹ LEHIGH ACRES ELEMENTARY SCHOOL Cape Coral Sanibel Gulf of Mexico LEELAND HEIGHTS BLVD E Project Location Fort Myers Beach PROJECT ENDS LEE COUNTY!"#$ ¹ 75 Fort Myers Estero Bonita Springs ^_ Lehigh Acres LEHIGH ACRES TRAILHEAD PARK JOEL BLVD (CR 884) Project Location Map with Potential Section 4(f) Sites Able Canal Pathway PD&E Study Lee County FPID: ETDM: 14223

7 Attachment 2- Site Specific Map

0 D 1 Legend $! Site Photograph Locations 100 200 300 Feet $!

8 0 D 1 Legend $! Site Photograph Locations Feet $! 2 TEXAS RD DAV IS R 50 Existing R/W Proposed Pathway Site Boundary (approx.) Able Canal Park Aerial Map Able Canal Pathway PD&E Study Lee County FPID: ETDM: Ü¹

9 Attachment 3 Site Photos

10 Photo 1 Facing East Photo 2 Facing West

11 Attachment 4 Property Data

12 From: To: Cc: Subject: Date: Attachments: Ehrnfelt, Paul James, Kathy Kristin Caruso; Poling, Matt RE: Able Canal Park parcel at 101 Davis Rd. -- REPLY Monday, February 12, :30:28 PM image003.png Kathy, This parcel is not a developed park, but just a vacant unbuildable lot in a residential neighborhood. This is not under the jurisdiction of Parks and Recreation. Mary Nye had this on the County Lands bush hog mowing list as needed. Regards, Paul Paul R. Ehrnfelt Property Acquisition Assistant Department of County Lands Lee County Government, Florida paul.ehrnfelt@leegov.com Fax Only print this if needed. In God We Trust lllllll Please note: Florida has a very broad public records law. Most written communications to or from County Employees and officials regarding County business are public records available to the public and media upon request. Your communication may be subject to public disclosure. Under Florida law, addresses are public records. If you do not want your address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: James, Kathy Sent: Monday, February 12, :13 PM To: Ehrnfelt, Paul <PEhrnfelt@leegov.com> Cc: kcaruso@scalarinc.net; Poling, Matt <MPoling@leegov.com> Subject: FW: Able Canal Park parcel at 101 Davis Rd. Paul, would you be able to confirm?

13 Thank you, Kathy James Office Administrator DCD - Code Enforcement KJames@leegov.com Phone: (239) From: Kristin Caruso [mailto:kcaruso@scalarinc.net] Sent: Monday, February 12, :50 PM To: Poling, Matt Cc: James, Kathy Subject: Able Canal Park parcel at 101 Davis Rd. Hello- I m working on the Able Canal PD&E project that is looking at putting a recreational trail along the canal from Harns Marsh to Trailhead park. Part of our environmental review is to identify parks and other recreational/public land. According to the Lee County Property Appraiser map, this parcel is identified as Able Canal Park. I saw your names attached to recent code violations and I am wondering if you can help me- I m not interested in the violations, just interested in knowing if this is really a park for public use, and who maintains it. It just seems to be a vacant lot, perhaps the property appraiser map is incorrect? So far I haven t reached someone at Parks & Rec who knows about it. Thank you- Sincerely, Kristin Kristin A. Caruso, M.S. Environmental Practice Lead, Senior Scientist North 56 th Street Tampa, Florida Office: (813) Cell: (813) kcaruso@scalarinc.net Please note: Florida has a very broad public records law. Most written communications to or from County Employees and officials regarding County business are public records available to the public and media upon request. Your communication may be subject to public disclosure. Under Florida law, addresses are public records. If you do not want your address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

Lee County Property Appraiser - Online Parcel Inquiry http://www.leepa.org/display/displayparcel.aspx?folioid=10458915&printdetails=true Page 1 of 3 2/8/2018 Property Data STRAP: 32-44-27-20-0000A.

14 Lee County Property Appraiser - Online Parcel Inquiry Page 1 of 3 2/8/2018 Property Data STRAP: A.0000 Folio ID: Owner Of Record LEE COUNTY PO BOX 398 FORT MYERS FL Site Address 101 DAVIS RD LEHIGH ACRES FL Property Description Do not use for legal documents! LEHIGH ACRES UNIT 20 BLK 9 PARK PARCEL PB 13 PG 37 Classification / DOR Code VACANT GOVERNMENTAL / 80 [ Tax Map Viewer ] [ Pictometry Aerial Viewer ] Current Working Values Image of Structure Just 500 As Of 07/10/2017 Attributes Land Units Of Measure LT Units 1.00 Frontage 0 Depth 0 Total Number of Buildings 0 Total Bedrooms / Bathrooms 0 Total Living Area 0 1st Year Building on Tax Roll 0 Historic District No Property Value History Tax Year Just Market Capped Assessed Assessed Taxable The Just value is the total parcel assessment (less any considerations for the cost of sale). This is the closest value to Fair Market Value we produce and is dated as of January 1st of the tax year in question (F.A.C. 12D-1.002). The Market Assessed value is the total parcel assessment (less any considerations for the cost of sale) based upon the assessment standard. Most parcels are assessed based either upon the Highest and Best Use standard or the Present Use standard (F.S ). For Agriculturally Classified parcels (or parts thereof), only agricultural uses are considered in the assessment (F.S (6) (a)). The difference between the Highest and Best Use/Present Use and the Agricultural Use is often referred to as the Agricultural Exemption. (i.e. Market Assessed = Just - Agricultural Exemption)

15 Lee County Property Appraiser - Online Parcel Inquiry Page 2 of 3 2/8/2018 The Capped Assessed value is the Market Assessment after any Save Our Homes or 10% Assessment Limitation cap is applied. This assessment cap is applied to all properties and limits year-to-year assessment increases to either the Consumer Price Index or 3%, whichever is lower for Homestead properties OR 10% for non- Homestead properties. The Taxable value is the Capped Assessment after exemptions (Homestead, etc.) are applied to it. This is the value that most taxing authorities use to calculate a parcel's taxes. (i.e. Taxable = Capped Assessed - Exemptions) Exemptions Exemption Amount Wholly Values (2017 Tax Roll) Property Values Attributes Just 500 Land Units Of Measure LT Assessed 500 Portability Applied 0 Cap Assessed 500 Taxable 0 Cap Difference 0 Units 1.00 Frontage 0 Depth 0 Total Number of Buildings 0 Total Bedrooms / Bathrooms 0 Total Living Area 0 1st Year Building on Tax Roll 0 Historic District No LEE CO GENERAL REVENUE / 044 Taxing Authorities LEHIGH ACRES FIRE & LIGHT / 048 Name / Code Category Mailing Address County Lee County Office of Management & Budget PO BOX 398 FORT MYERS FL LEE CO ALL HAZARDS PROTECTION DIST / 101 LEE CO LIBRARY DIST / 052 LEE CO UNINCORPORATED MSTU / 020 LEHIGH ACRES STREET LIGHTING UNIT MSTU / 055 LEE CO HYACINTH CONTROL DIST / 051 LEE CO MOSQUITO CONTROL DIST / 053 WEST COAST INLAND NAVIGATION DIST / 098 PUBLIC SCHOOL - BY LOCAL BOARD / 012 PUBLIC SCHOOL - BY STATE LAW / 013 LEHIGH ACRES FIRE CONTROL & RESCUE DIST / 341 Dependent District Dependent District Dependent District Dependent District Independent District Independent District Independent District Public Schools Public Schools Special District Lee County Office of Management & Budget PO BOX 398 FORT MYERS FL Lee County Office of Management & Budget PO BOX 398 FORT MYERS FL Lee County Office of Management & Budget PO BOX 398 FORT MYERS FL LEE COUNTY MSTU / MSBU PO BOX 398 FORT MYERS FL RUSSELL BAKER HOMESTEAD RD LEHIGH ACRES FL RUSSELL BAKER HOMESTEAD RD LEHIGH ACRES FL CHARLES W LISTOWSKI EXECUTIVE DIRECTOR 200 MIAMI AVE E VENICE FL AMI DESAMOURS BUDGET DEPARTMENT 2855 COLONIAL BLVD FORT MYERS FL AMI DESAMOURS BUDGET DEPARTMENT 2855 COLONIAL BLVD FORT MYERS FL ROBERT DILALLO FIRE CHIEF ATTN: ANITA KRESSEL 636 THOMAS SHERWIN AVE S LEHIGH ACRES, FL 33974

16 Lee County Property Appraiser - Online Parcel Inquiry Page 3 of 3 2/8/2018 LEHIGH ACRES MUNICIPAL SERVICES IMPROVEMENT DIST / 350 Special District 601 EAST COUNTY LN LEHIGH ACRES, FL SFWMD-DISTRICT-WIDE / 110 SFWMD-EVERGLADES CONSTRUCTION PROJECT / 084 SFWMD-OKEECHOBEE BASIN / 308 Water District Water District Water District MICHELLE QUIGLEY 3301 GUN CLUB RD WEST PALM BEACH, FL MICHELLE QUIGLEY 3301 GUN CLUB RD WEST PALM BEACH, FL MICHELLE QUIGLEY 3301 GUN CLUB RD WEST PALM BEACH FL Sales / Transactions Sale Price Date OR Number Type Description Vacant/Improved /01/ /85 03 Sales disqualified as a result of examination of the deed Disqualified (Interest Sales / Court Docs / Government) V Parcel Numbering History Prior STRAP Prior Folio ID Renumber Reason Renumber Date Split (From another Parcel) 10/31/2000 Location Information Township Range Section Block Lot 44 27E A 0000 Municipality Latitude Longitude Lee County Unincorporated Links View Parcel on Google Maps View Recorded Plat at LeeClerk.org Use the above link to do an Official Records search on the Lee County Clerk of Courts website, using 10 and 86 for the book and page numbers. View Parcel on GeoView Solid Waste (Garbage) Roll Data Solid Waste District Roll Type Category Unit / Area Tax Amount Service Area 4 R - Residential Category 0.00 Collection Days Garbage Recycling Horticulture Wednesday Wednesday Wednesday Flood and Storm Information Flood Insurance Find my flood zone Storm Surge Zone Community Panel Version Date Evacuation Zone F 8/28/2008 D C Appraisal Details (2017 Tax Roll) Land Land Tracts Use Code Use Code Description Depth Frontage Number of Units Unit of Measure 8000 Vacant Governmental Lot

FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY

FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) DETERMINATION OF APPLICABILITY 650-050-45 Environmental Management 06/17 Project Name: Able Canal Pathway from Harns Marsh to Joel Blvd. PD&E Study FM#: