SAJ-2002-01121 (SP-RSS)

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) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

WATERWAY AND LOCATION: The project will affect the waters of the United States associated with Intracoastal Waterway Caloosahatchee River to Anclote River (IWW) between Roberts Bay and Lemon Bay. The project site is located at The Country Club Estates Cooperative, Inc., 700 N Waterway, Venice, Section 18, Township 39 S, Range 19 E, Sarasota County, FL 34285.

PROJECT PURPOSE:  Basic: Update the marina within the Country Club Estates Cooperative.

Overall: Meet the Country Club Estates Cooperative Community’s need for safer, more dependable water access to adjacent waterways by improving the existing marina and allow for safe navigation through the basin.

EXISTING CONDITIONS: The proposed project site is an existing ‘L’-shaped marina located within a manmade inlet directly connected to the IWW. The basin was originally dredged between 1957 and 1971 according to historical aerial imagery. The marina is associated with Country Club Estates Cooperative, a 55+ resident-owned community composed of 509 manufactured homes on 75 acres of developed land. The marina is surrounded by approximately 3,200 feet of seawall. A total of 60 fingers piers, measuring between 3-ft and 4-ft wide and 30-ft to 45-ft long, line the seawall, creating a total of 120 wet slips. The Country Club Estates Cooperative and associated marina were originally constructed prior to 1971, although an exact date was not determined.

There is no recording of any permitting through Florida Department of Environmental Protection (FDEP) or Sarasota County for the marina. The US Army Corps of Engineers (Corps) issued an individual permit for the expansion of the marina on July 30, 2002 (SAJ-2002-01121). The permit authorized the removal of six (6) out of twenty-two (22) existing docks. Thirty-six (36) new finger piers were also constructed for a total of fifty-three (53) docks and seventy-two (72) slips. Six (6) additional piers were constructed between January 2007 and November 2007. No record of this construction could be located through the Corps or FDEP.

• 3-ft by 30-ft: four (4) piers
• 4-ft by 30-ft: thirty-five (35) piers
• 4-ft by 40-ft: eighteen (18) piers
• 4-ft by 45-ft: three (3) piers

There are currently 120 wet slips within the marina. The construction of the new piers will not result in a loss of wet slips. No new slips or boatlifts are proposed. Any existing boatlifts will be removed and reinstalled once construction is complete. A total of 498 10-in diameter wood piling will be installed via vibratory hammer. All piers will rise approximately 3-ft above mean high-water line (MHWL). The project will encompass an area of approximately 7,980 square feet (SF), plus an additional 273.9 SF from pilings.

The applicant also proposes to maintenance dredge approximately 5,017 cubic yards (CY) of sediment and accumulated shoal from the marina basin. Dredging will be conducted mechanically to a depth of 5-ft below mean low-water line (MLWL). The dredge material will be loaded into a container on a barge using barge-based excavator and will be dewatered on the barge. The dewatered material will be transported to the offloading site along the shoreline. The offloading site will have staked silt fences and hay bales to prevent any sediment runoff during the offloading activities. The dredge material will be placed into sealed trucks using a land-based excavator and will be transported to the Sarasota County Landfill located at 4000 Knights Trail Rd, Nokomis, FL. There will be no discharge of dredge material back into the waterway. The dredging activities will encompass an area of approximately 81,881 SF (1.88 acres).

The Corps determined there is no essential fish habitat (EFH) such as submerged aquatic vegetation (SAV), mangroves, corals, live hardbottom, or oysters present in the project vicinity.

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 proposes to reconstruct an existing marina in approximately the same footprint. Three (3) out of sixty (60) existing finger piers will be extended. All other piers will remain in the same configuration. A total of ten (10) pilings are authorized to be installed per day. Dredging will be conducted via mechanical methodology. Best management practices such as silt fences and hay bales will help prevent sediment runoff and discharge of dredge material into the waterway. Dredged material will be transported to a contained, uplands disposal site. Because the proposed project falls within the existing marina footprint, in a manmade basin devoid of any EFH, no additional adverse impacts to aquatic resources are anticipated.

The project will be constructed using the Standard Manatee Conditions for In-Water Work, the Sea Turtle and Smalltooth Sawfish Construction Conditions, and applicable Jacksonville District Biological Opinion (JAXBO) Project Design Criteria (PDCs) for In-water Activities. Construction will be limited to daylight hours and will be performed from a floating barge and/ or in the uplands. Floating turbidity barriers will surround the project area to minimize turbidity and prevent suspended solids from leaving the construction and demolition areas. Two (2) monitoring stations will be established to ensure sediments remain contained within the barriers.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:  The applicant states no EFH is present in the project vicinity. This project also involves the reconfiguration and reconstruction of an existing structure. The project will also not result in any additional mooring, slips, or boatlifts. According to the applicant, based on this information provided, compensatory mitigation should not be required for the proposed project. The Corps will therefore not require mitigation unless additional information is provided that would indicate the need to mitigate for adverse effects.

CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES: The Corps has determined the project may affect, not likely to adversely affect the West Indian manatee (Trichechus manatus) or its designated critical habitat. This determination was made using the 2013 Effect Determination Key for the Manatee in Florida. The Corps will request USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act (ESA).

The Corps has determined the proposed project is not likely to adversely affect (NLAA) the Wood Stork (Mycteria americana) or its foraging habitat, based on the South Florida Wood Stork Consultation Key (May 18, 2010). No further consultation with USFWS will be required.

The project is located within the USFWS eastern indigo snake (Drymarchon couperi) consultation area. Based on the South Florida Eastern Indigo Snake Programmatic Effect Determination Key (August 12, 2013), the proposed project will have “no effect” on this species and no further consultation with USFWS is required.

The follow ESA species have also been identified within the project area: Aboriginal Prickly apple (Harrisia aboriginum), American crocodile (Crocodylus acutus), Crested caracara (Polyborus plancus audubonii), Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida Bonneted Bat (Eumops floridanus), Florida panther (Puma concolor coryi), Florida Scrub Jay (Aphelocoma coerulescens), and Rufa Red knot (Calidris canutus rufa). The project site does not support suitable habitat for the listed species. The Corps has determined the project will have no effect on any of the above ESA species and no further consultation with USFWS will be required.

The Corps has determined the proposed project may affect but is not likely to adversely affect (MANLAA) loggerhead sea turtles (Caretta caretta), Kemp’s ridley sea turtles (Lepidochelys kempii), green sea turtles (Chelonia mydas), hawksbill sea turtles (Eretmochelys imbricata), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata) and giant manta rays (Manta birostris). The Corps evaluated the proposed work utilizing the National Marine Fisheries Service (NMFS)—Jacksonville District’s Programmatic Biological Opinion (JaxBO) dated November 20, 2017. The Corps will request confirmation of coverage under the JaxBO pursuant to conditions of Activities 2 and 3.

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 6.0 acres of estuarine utilized by various life stages of Red Drum, Shrimp, Reef Fish, Coastal Migratory Pelagics, Bull Shark, Nurse Shark, Lemon Shark, Tiger Shark, Blacktip Shark, Blacknose Shark, Bonnethead Shark, Atlantic Sharpnose Shark. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the IWW or 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.

Navigation: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is approximately 120 feet away from the near bottom edge of the Intracoastal Waterway federal channel. The Corps Navigation Section has no objection to issuance of this permit.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Jacksonville District Office, 701 San Marco Blvd, Jacksonville, FL 32207 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, Rachel S. Somerville, in writing at the Jacksonville District Office, 701 San Marco Blvd, Jacksonville, FL 32207; by electronic mail at rachel.s.somerville@usace.army.mil; or, by telephone at 904-232-1444.

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.

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.

WATER QUALITY CERTIFICATION: WQC is required from the FDEP. The project is being reviewed under FDEP application no. 0195828-006 EI.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.