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:
FCC Beach & Yacht, LLC. fka GBFC Marina, LTD.
8156 Fiddler’s Creek Parkway
Naples, FL 34114
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Snook Bay. The project site is located at 250 Capri Boulevard, in Section 32, Township 51 South, Range 26 East, in Isle of Capri, Collier County, Florida.
Directions to the site are as follows: From I-75, take the Collier Boulevard/CR-951 exit (exit 101) south. Make a right onto Capri Boulevard. Project site is on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.98475
º
Longitude -81.72615º
PROJECT PURPOSE:
Basic: Watercraft access.
Overall: Provide commercial marine facilities in south Collier County, Florida.
EXISTING CONDITIONS: The project site consist of an existing commercial marina with 48 dry slips and 36 wet slips. The marina was originally permitted under Corps permit 78L-1590. The project is bulkheaded; no mangrove vegetation is present. A seagrass study conduction by Ibis Environmental, Inc. on August 28, 2007 revealed the presence of 40% coverage of shoal grass (Haladoule wrightii) adjacent to the bulkhead.
PROPOSED WORK: The applicant seeks authorization to extend the construction authorization for 5 years. The Department of the Army permit dated 1 February 2010 authorized the reconfiguration of an existing 36-slip commercial marina, known as Tarpon Club South, to a 9,327 square foot commercial marina to accommodate 22 permanent wet slips with vessels up to 50 feet in length. The permit also authorized the dredging of approximately 198 cubic yards of material to a maximum depth of -4 feet MLW. A modification of permit authorization was issued November 4, 2014 extending the permit authorization until February 1, 2017. The application for a second extension was made September 2, 2016.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant addressed avoidance and minimization during the original permit process and had avoided and/or minimized impacts to the aquatic environment:
CULTURAL RESOURCES:
The Corps has determined the permit area 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 previous project was informally consulted on for the smalltooth sawfish, swimming sea turtles and West Indian Manatee, all of which resulted in a may affect not likely to adversely affect concurrence from the FWS and NMFS. The project is not located in designated critical habitat for the smalltooth sawfish. Because the proposed time extension would not involve any impacts not previously considered to federally listed species or designated critical habitat, the project was not re-coordinated with the FWS or NMFS. However, the Standard Manatee conditions for In-Water Work have been updated since the time of permit issuance and the newer version (2011) would be referenced in the modification.
ESSENTIAL FISH HABITAT (EFH): Previous permit authorization found that the project would not adversely affect the EFH and complies with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.
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 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 District Engineer through the 1520 Royal Palm Square, Suite 310, Ft. 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, Allison C. Murphy, in writing at the Ft. Myers Permits Section, 1520 Royal Palm Square Blvd., Ft. Myers, Florida, 33919; by electronic mail at Allison.C.Murphy@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975 ext. 0008.
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.