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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) and Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: Bob and Annie’s Boatyard
c/o Mr. Randy Fowlds
3420 Stringfellow Road
St. James City, Florida 33956
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a residential canal (Dawson Canal) that leads to Pine Island Sound. The project site is located at 3420 Stringfellow Road, St. James City, in Section 35, Township 45 South, Range 22 East, Lee County, Florida.
Directions to project area: From I-75, take exit 143; head west on Bayshore Road (SR 78); cross U.S. 41 and continue (road will become Pine Island Road); continue into Pine Island and make a left on Stringfellow Road; continue approximately 8 miles and project site will be on left side.
APPROXIMATE COORDINATES:
Lat: 26.509886°
Long: -82.082633
º
PROJECT PURPOSE:
Basic: marine repair facility
Overall: improvements to existing marine repair facility located at 3429 Stringfellow Road, St. James City
EXISTING CONDITIONS: The site consists of an existing boat repair facility with a concrete seawall, railway lift/boat ramp, wood fork lift ramp, 160 square foot floating dock, 250 square foot marginal dock, 135 square foot marginal dock and 6 associated slips.
PROPOSED WORK: The applicant seeks authorization to:
1) remove the existing docking structures, 26 linear feet of concrete seawall, railway/dock ramp and wood fork lift ramp.
2) install a marginal dock that measures ~252 feet by 4 feet (a total of 940 square feet --~484 square feet will be over the mean high water line) on the western portion of the property;
3) install an access pier that measures 4 feet by ~29 feet (a total of 106 square feet) along the outer portion of the lift basin;
4) dredge 100 cubic yards (cy) from 775 square feet of uplands to (-) 5 feet NGVD 88 to create a 19 by 60 foot lift basin with 38 linear feet of concrete seawalls and a ~24 feet by 4.5 foot concrete pier (a total of 110 square feet);
5) discharge 75 cy of fill within 580 square feet of the existing rail travel lift in order to accommodate the proposed lift basin; and,
6) install a marginal dock that measures 5 feet by ~90 feet (a total of 435 square feet) on the eastern portion of the property.
Said facility will accommodate 20 slips (7 permanent in-water slips; 1 temporary staging slip for the lift ramp; and 12 dry slips).
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 project is adjacent to a manmade canal and the project is to convert a railway ramp into a lift basin with the majority of excavation/fill work in upland area.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
The project is adjacent to a manmade canal and the project is to convert a railway ramp into a lift basin with the majority of excavation/fill work in upland area.
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 (SHPO) 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 affect the West Indian manatee (Trichechus manatus latirostris) and its designated critical habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to affect the Smalltooth sawfish (Pristis pectinata) and swimming sea turtles [Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), and the Hawksbill sea turtle (Eretmochelys imbricata)]. The Corps will request U.S. National Marine Fisheries Service (NMFS) concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the NMFS on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 0.05 acres of unvegetated substrate utilized by various life stages of Penaeid shrimp complex, red drum (Sciaenops ocellatus), reef fish (various spp.), spiny lobster (Panulirus argus), migratory/pelagic fish (various spp.), and snapper/grouper complex . 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 NMFS.
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 Florida Department of Environmental Protection and/or the South Florida Water Management District.
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, Florida 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, Muriel M. Blaisdell, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919, by electronic mail at Muriel.M.Blaisdell@usace.army.mil, by fax at (239)334-0797, or by telephone at (239) 334-1975 extension 0001.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.