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: Breezy Point Condominium
John Brittain, President
880 Huron Court
Marco Island, FL 34145
WATERWAY AND LOCATION: The project would affect waters of the United States associated with an unnamed manmade canal feeding into Caxambas Bay. The project site is located at 880 and 881 Huron Court, Section 18, Township 52 South, Range 26 East, Naples, Collier County, Florida.
Directions to the site are as follows: South on CR951/Collier Blvd to Marco Island. Once on Marco Island, follow Collier Blvd. south to Huron Ct. and then turn north and site is straight ahead at end
APPROXIMATE CENTRAL COORDINATES: Latitude 25.91444444º
Basic: Marina reconfiguration and seawall replacement
Overall: Reconfigure an existing marina and replace an existing seawall.
EXISTING CONDITIONS: The project site consists of an existing marina comprised of 4,338 square feet of over water structures (finger piers and marginal dock) accommodating 32 slips.
PROPOSED WORK: The applicant seeks authorization to 1) Replace 647 linear feet of existing seawall with a vinyl seawall no more than 18” waterward; 2) Remove existing docking structures; 3) Construct 14 finger piers measuring 5’ x 30’. Each pier would be supported by 8 wood piles (10” diameter). The total number of slips would remain at 32; 4) Construct 4 platforms at each seawall corner for boat access and fishing totaling 1,813 square feet and supported by 14 wood piles (10” diameter) per platform; 5) Install 32 wood piles (12” diameter) to accommodate 32 boatlifts.
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 overall square footage of overwater structures is being reduced by 425 square feet.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: There are no resource impacts associated with the project and therefor no mitigation is required.
CULTURAL RESOURCES: The Corps has determined the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) or its designated critical habitat, the smalltooth sawfish (Pristis pectinata), the loggerhead sea turtle (Caretta caretta), Green sea turtle (Chelonia mydas), and the Kemp’s ridley sea turtle (Lepidochelys kempii). Use of the 2013 manatee key results in the following sequential determination: A > B > C > D > G > N >O > P3> May affect, not likely to adversely affect. The project is located in an Important Manatee Area (IMA), therefore further consultation with the Service is required. The Corps will request U.S. Fish and Wildlife and National Marine Fisheries Service concurrence with these determinations pursuant to Section 7 of the Endangered Species Act.
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 reduce overwater structure square footage by 425 square feet, allowing for additional habitat to be utilized by various life stages of red drum, reef fish, coastal migratory pelagic fish and shrimp. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Caxambas Bay. 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 Boulevard Suite 310, Fort Myers, FL 33901 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, Bri McGuffie, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33901; by electronic mail at Brianne.E.McGuffie@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 x0006.
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.