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: Mr. Anthony Romano
5044 Bonita Beach Rd.
Bonita Springs, FL 34134
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Fish Trap Bay in Estero Bay. The project site is located in Section 31, Township 47 South, Range 25 East, at 5044 Bonita Beach Rd., Bonita Springs, Lee County, Florida.
Directions to the site are as follows: From I-75, take exit 116 for County Rd 865 towards Bonita Springs/Gulf Beaches. Turn west onto County Rd 865/Bonita Beach Rd SE and in approximately 5 miles there will be a slight right. The property is 0.3 miles down that slight right.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.33072°
Basic: Marina reconfiguration and vehicle access.
Overall: marina reconfiguration and creation of additional parking at an existing marina located on Fish Trap Bay.
EXISTING CONDITIONS: Currently the property consists of an upland structure, associated parking lot, approximately 149 linear feet of riprap shoreline, a five finger docking facility with 16 slips, two small red mangroves, and an oyster bed. The property is bounded by a commercial marina to the west, Bonita Beach Road to the south, a partially vegetated undeveloped lot to the east, and Fish Trap Bay to the north.
PROPOSED WORK: The applicant seeks authorization to remove the existing 149 linear feet of riprap and two small red mangroves (Rhizophora mangle) and existing docking facility. The new work will include the installation of197 linear feet of seawall with the discharge of 1,188 cubic yards (CY) of fill to create 4,218 square feet of land behind the proposed seawall for parking, relocating the 13’x10’boat ramp, and install six 48-feet long by 4-feet wide finger piers extending from the new seawall. The facility will maintain 16 total slips.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
There are no natural resources within the project footprint that will be impacted with the proposed project.
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.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Kemp’s ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle (Caretta caretta), or Smalltooth sawfish (Pristis pectinata). The Corps will request initiation of formal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee. Use of programmatic consultation key provided by the Fish and Wildlife Service resulted in the following sequential determination: A>B>C>G>N>O>P>3 – May affect, not likely to adversely affect with no further consultation required. This determination is based on the applicant following the Standard Manatee Conditions for In-Water Work, 2011 for the proposed activity.
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 0.12 acre of estuarine waters utilized by various life stages of Red Drum (Sciaenops ocellatus), Reef fish (various spp.), Migratory/Pelagic fish (various spp.), and Snapper/Grouper Complex. Our initial determination is that the proposed action may adversely impact 0.12 acre of EFH and 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 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 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 the District Engineer through the Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, FL 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, Erin Campbell, in writing at the Fort Myers Permits Section, 1520 Royal Pam Square Blvd, Suite 310, Fort Myers, FL 33919; by electronic mail at firstname.lastname@example.org; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975.
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.