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 of 1899 (33 U.S.C. §403) as described below:
APPLICANT:
Oyster Bay Land Company
President, Ramon Alvarez
1711 Main Street
Fort Myers Beach, Florida 33931
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Matanzas Pass. The project site is located at 2140 Main Street, Fort
Myers Beach, in Section 19, Township 46 South, Range 24 East, Lee County, Florida.
Directions to the site are as follows: Take I-75 South to Daniels Parkway; travel west on
Daniels Parkway to Summerlin Road; travel south on Summerlin Road to San Carlos
Boulevard; head south on San Carlos Boulevard to Main Street (before bridge); take
Main Street to site and arrive at project site on right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.457181°
Longitude -81.945019°
PROJECT PURPOSE: To provide boat access to a wet slip marina and shoreline stabilization.
Basic: Marina replacement and expansion
Overall: To replace and expand an existing marina facility at 2140 Main Street, Fort Myers Beach, FL 33931.
EXISTING CONDITIONS: The wetland system consists of a saltwater system. The project area consists of an existing marina facility with 7 boat slips. The area is adjacent to a federal channel, as shown on the project drawings. The existing area surrounding the project site consists of finger piers, boatlifts, seawalls, and rip-rap with a mix of commercial and residential use.
PROPOSED WORK: remove a current 7 slip t-dock with access dock and replace with a 7,386 square foot docking facility to accommodate 7 existing and 31 new wet slips in a current marina facility. Construct an upland 250 linear feet retaining wall, 265 linear feet outer line of riprap and a Red Mangrove planting shelf for living shoreline above the Mean High Water line.
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 agrees to comply with the November 2017 "National Marine Fisheries Service's (NMFS) Recently Issued Final Programmatic Biological Opinion (Referred to as JAXBO) for In-Water Work"; the 2011 "Standard Manatee and Marine Turtle Construction Conditions for In-Water Construction"; and the March 2006 "Sea Turtle and Smalltooth Sawfish Construction Conditions". All applicable work condition information for protected species will be provided to the selected contractor(s).
The Contractor will determine construction methodology; however, it is anticipated that the work will be completed utilizing a crane/excavator mounted on a barge. All new piles will be jetted and driven into place. The work will be conducted from a barge as well as staging done on the upland.
The Contractor will employ best management practices during all phases of construction to prevent the spread of turbidity into the waters of the state. Turbidity control measures will be maintained until all construction is complete. Weighted turbidity curtains will be installed around all stages of construction and will be relocated as the work progresses around the basin. Turbidity curtains will be maintained until all construction is complete and all turbidity has subsided to acceptable levels. All turbidity controls shall be inspected daily, and any repairs made immediately prior to construction continuing.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No mitigation is required due to no aquatic resources being impacted.
CULTURAL RESOURCES: The Corps is aware of a known historic site (8LL777) recorded within close proximity to the permit area and has previously been reviewed by DHR project file number 2014-01392. 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 Smalltooth sawfish (Pristis pectinata), the Green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii) and the Loggerhead (Caretta caretta) sea turtles. The Corps will seek programmatic concurrence under JAXBO on these species.
The Corps will make the determination of “may affect” (MA) for 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 dated April 2013 (Manatee Key) and addendum dated May 13, 2019. Use of the Manatee Key resulted in the following sequential determination: A>B>C>D>G>H>I>J>K - MA, with further consultation necessary. The Corps will initiate Formal Consultation by separate letter with the U.S. Fish and Wildlife Service.
The applicant has agreed to follow the Standard Manatee Conditions for In-Water Work, and the Sea Turtle & Smalltooth Sawfish Construction Conditions.
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 proposed over water dock system would create approximately 7,386 square feet of shading to the aquatic resources on site and will not require the discharge of dredged and/or fill material. The aquatic resources may be utilized by various life stages of Red Drum, Reef Fish (43 species), Shrimp (4 species), and Coastal Migratory Pelagics. 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, 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, Russell Rouan, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Russell.W.Rouan@usace.army.mil; or, by telephone at (239)334-1975 ext. 0011.
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.