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) as described below:
APPLICANT:
Scott Prephan
5 Lakes Global Realty
118 W. South Boundary
Perrysburg, OH 43551
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Faka Union River/Canal and the Port of the Islands Marina. The project site is located at 525 Newport Drive, in Section 9, Township 52 South, Range 28 East, in Naples, Collier County, Florida.
Directions to the site are as follows: From US-41 and Collier Boulevard (SR 951) in Naples, drive south on US 41 for approximately 13.8 miles to Newport Drive and turn right, Port of the Islands Marina is on the left side of Newport Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 25.95681º / Longitude -81.510897º
PROJECT PURPOSE:
Basic: Marina improvements.
Overall: To reconfigure existing marina piers and slips to create an additional liveaboard vessel slips.
EXISTING CONDITIONS: The project is located at the Port of the Islands (POI) Marina along Faka Union River/Canal, which is a tidal navigable waterway as mapped on the National Wetlands Inventory (NWI) as E1UBL ((E) Estuarine, (1) Tidal, (UB) Unconsolidated Bottom, (L) Subtidal). The surrounding area consists of the established marina with 175 existing slips, bulkheaded shoreline and adjacent marina and resort features. Faka Union River/Canal is subject to the ebb and flow of the tide, it is a navigable waterway, and jurisdictional under Section 10 of the Rivers and Harbors Act and considered to be a Section 404 of the Clean Water Act traditional navigable water.
PROPOSED WORK: The applicant seeks authorization to reconfigure the existing Port of the Islands Marina to allow for more liveaboard vessels including pier extensions and slip reconfigurations. In conjunction with these changes the existing sanitary sewer system will be upgraded. Currently, there are a total of 175 permitted slips 60 of which are permitted for liveaboard vessels. By reconfiguring the existing docks and slips, the total number of slips will remain the same, at 175, but the number of liveaboard slips will increase from 60 to 116 slips. The proposed reconfiguration includes the following:
1. Dock A will be reconfigured and increased in size from 2,607 square feet (SF) to 2,960 SF. The number of slips will be reduced from 25 to 19 all of which will be liveaboard slips (6 slips to be added to Dock C).
2. Dock B will not change in size or the number of slips. None of the slips will be liveaboards.
3. Dock C will be reconfigured and increased in size from 2,412 SF to 4,189 SF. The number of slips on this dock will increase from 27 to 33 all of which will be liveaboard slips.
4. Dock D will not change in size or the number of slips. None of the slips will be liveaboards.
5. Dock E will increase in size from 2,425 SF to 2,878 SF. The number of slips (28) will not change, but the four non-liveaboard slips are proposed to be converted to liveaboards.
6. Dock F will not change in size or the number of slips. The number of liveaboard slips on Dock F will remain at 24.
7. Dock G will not change in size or the number of slips. The 12 slips will remain as liveaboard 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 proposed action is within an existing marina basin. There are no submerged aquatic vegetation (SAV) beds or mangroves present in the project areas. Because the entire marina basin is a year-round idle speed zone and the number of slips is not increasing, no adverse impact to the West Indian manatee are anticipated.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The proposed action is within an existing marina basin. There are no submerged aquatic vegetation (SAV) beds or mangroves present in the project areas. Because the entire marina basin is a year-round idle speed zone and the number of slips is not increasing, no adverse impact to the West Indian manatee are anticipated. There will be no loss of water of the U.S., and compensatory mitigation will not be required.
CULTURAL RESOURCES: The Corps has determined the permit area has been created within the last 45 years there is little likelihood of impact upon a historic property. Also, 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”. 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 and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
Name of species present managed by the U.S. Fish and Wildlife Service (FWS):
• Everglades Snail Kite (Rostrhamus sociabilis plumbeus)
• Florida bonneted bat (Eumops floridanus)
• Florida Panther (Puma concolor coryi)
• Florida Scrub Jay (Aphelocoma coerulescens)
• Piping Plover (Charadrius melodus)
• Red Cockaded Woodpecker (Picoides borealis)
• West Indian Manatee (Trichechus manatus)
• Wood Stork (Mycteria americana)
Name of species present managed by the National Marine Fisheries Service (NMFS):
• Smalltooth sawfish (Pristis pectintata)
• Swimming Sea Turtles: Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eremochelys imbricate), Kemp’s Ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and/or Loggerhead sea turtle (Caretta caretta).
Designated Critical Habitat (DCH): West Indian Manatee critical habitat.
Effect determination(s), including no effect, for all known species/habitat, and basis for determination(s):
Pursuant to Section 7 of the Endangered Species Act, the Corps has determined this project may affect, but is not likely to adversely affect (MANLAA) the following listed species: West Indian Manatee (Trichechus manatus) and Smalltooth sawfish (Pristis pectintata).
The project will have no effect on Swimming Sea Turtles, listed above, because of the project’s location in upper tidal waters with significant freshwater influence. The project will have no effect on the following species due to lack of suitable habitat within the existing marina and because all of the work will occur solely in open water: Everglades Snail Kite, Florida bonneted bat, Florida Panther, Florida Scrub Jay, Piping Plover, Red Cockaded Woodpecker, and the Wood Stork.
West Indian Manatee - The project is located within Manatee critical habitat and Manatee Important Manatee Area (IMAs). Use of the 2013 Manatee Key resulted in a determination that the proposed project “May affect, not likely to adversely affect” the endangered West Indian manatee (A>B>C>D>G>N>O>P(3)>MANLAA). Per Key stipulation, further consultation and/or MANLAA concurrence was required from FWS. On June 1, 2018, FWS determined (via email) that based on their review of the proposed project, they did not have any concerns or issues. As outlined in the April 2013 Manatee Programmatic Key, the applicant will follow and implement the 2011 Standard Manatee Conditions for In-Water Work that are applicable to the project. In addition, because the project area is located in an Important Manatee Area, approved observers shall be approved prior to any work and the use of a clam-shell dredge is prohibited at night. No further consultation will be conducted with FWS.
Smalltooth Sawfish - The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. For this evaluation, the Corps conducted a project specific review to ensure that all of the Project Design Criteria (PDC) were met. In accordance with the project-specific review process and the “Superseding Process for Review and Inclusion of
Substantially Similar Projects or Projects with Substantially Similar Effects” for similar project established in the JAXBO, the PDC checklists, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity were emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil on 01 June 2018. If the supersede process is approved by NMFS, the Jacksonville District will have satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview. Therefore, no further consultation will be required unless otherwise notified by NMFS-PRD.
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 2583 square feet of un-vegetated subaqueous bottom utilized by various life stages of EFH species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Faka Union River/Canal because all of the work will occur within the limits of an existing operational marina and there will be no impacts to SAV, mangrove, or wetland impacts. 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 project is located at the Port of the Islands (POI) Marina along Faka Union River/Canal, which is a tidal navigable waterway as mapped on the National Wetlands Inventory (NWI) as E1UBL ((E) Estuarine, (1) Tidal, (UB) Unconsolidated Bottom, (L) Subtidal). Faka Union River/Canal is subject to the ebb and flow of the tide, it is a navigable waterway, and jurisdictional under Section 10 of the Rivers and Harbors Act and considered to be a Section 404 of the Clean Water Act traditional navigable water.
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 via traditional mail to the attention of the District Engineer through the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, FL 33919 or preferably via email to Katy.R.Damico@usace.army.mil 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, Katy Damico, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, Florida 33919; by electronic mail at Katy.R.Damico@usace.army.mil ; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7076.
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.