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: 2220 West First Street-Ft Myers, LLC.
iStar Financial, Inc.
1114 Avenue of the Americas 39th Floor
New York, NY 10036
WATERWAY AND LOCATION: The project would affect waters of the United States associated with. The project site is located in Section 23, Township 44 South,
Range 24 East at 1901 Altamont Avenue and 2220 West First Street, Fort Myers, Lee
County, Florida. Latitude: 26.638885°, Longitude: -81.879725°.
Directions to the site are as follows: Take 1-75 to Exit# 138 Dr. Martin Luther King Jr.
Boulevard/SR 82 and head west for approximately 4 miles. At this point Dr. Martin
Luther King Jr. Boulevard turns into McGregor Blvd. Continue south on McGregor
Boulevard for approximately 0.3 miles. Make a right onto Altamonte Avenue and
continue for approximately 0.2 miles until the end of the street; the project site is located
directly south of Altamonte Avenue.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.638885°
Longitude - 81.879725°
Basic: Time extension request for a previous permit to reconfigure an existing marina.
Overall: To reconfigure an existing marina within the Caloosahatchee River in Fort
EXISTING CONDITIONS: The existing marina consists of a 10'x 260' access pier with
a 10'x 250' terminal platform extending from an 8' x 80' access pier with an 8'x32'
terminal platform and 60 mooring piles. Additionally, there is an existing 10' x 552'
boardwalk located along the shoreline, which is not utilized for the mooring/docking of
vessels. The existing structures were previously permitted under permit number SAJ-
PROPOSED WORK: The applicant seeks authorization to extend permit authorization for 5 years. The permit authorized to reconfigure an existing 49 slip marina as follows: The central marina consists of a 10'x280' east/west access walkway. Dock A is attached to the west end of the access walkway by a 12' x 283' wide access pier with five (5) 5' x 60' finger piers. Dock B is an 8' by 211' and 8' x 108' inverted "L" dock with five (5) 6' x 50' and six (6) 5' x 40' finger piers on +the east end of the main access walkway. Dock C is an inverted "L" dock on the east end of the proposed marina consisting of 12' x 225' access turning to a 12' x 60' terminal end. Dock C provides three (3) 5' x 60' and one (1) 5' x 50' finger pier. The proposed marina would be protected to the north end by a terminal floating breakwater attached to the terminal end of the
longest (western) 283' access walkway of Dock A. Access to the floating docking structures consists of wooden walkways leading to aluminum ramps. There will be no increase in slips and no dredging is proposed as part of the project.
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 initial application included the installation of a "community dock". The "Community dock" was to be comprised of a 10' x 78' fixed concrete access pier leading to a 20'x20' fixed concrete platform. Off the southeast side of the fixed concrete access pier was a 10'x10' fixed concrete platform with a 5'x30' aluminum ramp leading down to an 8'x40' access floating pier. The community dock was to be used for such transient services as
water taxi, law enforcement, and emergency response. The installation of the community dock resulted in a net increase of one (1) slip at the facility. Use of the
2008 manatee key resulted in "may affect" determination (A>B) based on the proposed addition of the community dock for "repeat use" vessels in addition to the 49 private residential slips. Additionally, the proposed slip would not be in compliance with the Lee County Manatee Protection Plan (MPP). In an effort to bring the project into compliance with the MPP, the applicant requested the removal of the community dock and additional slip via letter dated 31 March 2010.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
No compensatory mitigation is required to offset any adverse impacts on the value and
function of the wetland resource.
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”.
West Indian Manatee (Trichechus manatus) The Corps has made the determination of MANLAA 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, April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A>B>C>G>N>O>P4> MANLAA, with no further consultation necessary. This determination is based on the applicant following the Standard Manatee Conditions for In-Water Work, 2011 for the proposed activity.
The Corps has made the determination of No Effect for the Smalltooth Sawfish (Pristis pectinata) and their designated critical habitat. The Corps consulted with National Marine Fisheries Service and received concurrence on 22 August 2008 with this determination 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Caloosahatchee River. NMFS did not provide EFH conservation measures or recommendations in response to the permitting process in 2008, therefore the Corps is satisfied that the consultation procedures outline in 50 CRF Section 600.920 of the regulation to implement the EFH provisions of the Magnuson-Stevens Act have been met.
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.
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 15 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.
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.