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: Naples Marina Holdings, LLC
c/o John Giglio
990 Lanuna Drive
Venice, FL 34285
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a manmade basin known as Rock Creek connecting to the Gordon River. The project site is located at Section 02, Township 50, Range 25 East, Naples, Collier County, Florida.
Directions to the site are as follows: Take I-75 to Exit 105 toward Golden Gate/Naples. Turn right onto Golden Gate Parkway/County Hwy-886. Turn Left onto Livingston Road. Turn Right onto Radio Rd/County Hwy 856. Turn left onto Airport Pulling Rd S/County Hwy 31. Turn right onto Davis Blvd/FL 84. If you reach Tamiami Trail you have gone too far.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.13911519°
Longitude -81.779444°
PROJECT PURPOSE:
Basic: Expand an existing commercial marina.
Overall: Expand an existing commercial marina wet slips within the Gordon River near US41, Naples, Collier County, Florida.
EXISTING CONDITIONS: The project site consist of an existing 234-slip marina. The marina consists of 97-dry slips, 107-wet slips, and 2,078 square-foot floating dock and a 3,934 square foot fixed dock. The construction of the facilities was authorized by Depart of the Army permit number 1998-47032 on 14 June 1989.
The applicant received authorization to install 4,497 square foot floating dock and a 663 square foot floating dock April 5, 2002.
PROPOSED WORK: The applicant seeks authorization to relocate 25 of the existing wet slips in the manmade basin to the upland dry storage which would revise the slip count to 112 permanent wet slips, 122 dry slips for a total of 234 slips on site. This renovation includes adding multiple floating docks within the marina’s manmade basin. The applicant proposes to install a total of 602 linear feet of floating dock which consist of a 5' wide by 30' long 150 sf) aluminum ramp landing on 6' wide by 10' long (60 sf) floating dock section connecting the uplands to the access dock. A 6' wide by 72' long (432 sf) floating access dock will connect to the main 6' wide x 330' (1,980 sf) long dock as well as a 6' wide by 200' long (1,200 sf) shore-parallel section of floating dock. There are 26 finger piers proposed, each 4' wide by 20' long (2,080 sf) for a total of 5,902 sf of structures. Anchor pilings for the docks are to be installed per the floating dock manufacturer's specifications regarding size and spacing. Please note NMFS Section 7 Checklist requires a count for the Anchors piling so we are assuming the manufacturer will require an anchor about every 40' along the floating docks for a total of 16 anchor piling. Please note the following:
• There is no submerged aquatic vegetation in the proposed footprint of the dock area.
• No mangroves are within the proposed footprint of the dock area.
• No new slips are proposed.
The applicant proposes to install (37) 8" dia. wooden fender piling along the western end of the basin to support parallel mooring of vessels along the existing seawall.
The applicant proposes to install a 5' wide perimeter concrete sidewalk behind the seawall the basin. Then sidewalk shall serve as access to the vessels to be moored along this seawall.
CULTURAL RESOURCES:
The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
By letter dated 21 August 2000, SHPO stated that a review of the Florida Master Site File and records indicate that no historical sites are known to exist in the area of potential effect. Therefore based on the information provided, it is the opinion of this office that no historic properties would be affected by the undertaking.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), swimming sea turtles, Green (Chelonia mydas), Loggerhead (Caretta caretta), Kemp’s Ridley (Lepidochelys kempii), and the, Smalltooth Sawfish (Pristis pectinata). The applicant agrees to comply with the 2011 Standard Manatee Construction Conditions for In-Water Construction and the Sea Turtle and Smalltooth Sawfish Construction Conditions of March 2006. All applicable work condition information for protected species will be provided to the selected contractor(s). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence 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. The proposal would impact approximately 0.41 acres of estuarine or marine habitat utilized by various life stages of Penaeid Shrimp Complex, Red Drum (Sciaenops ocellatus), Reef fish (various spp.), Stone Crab (Menippe mercenaria), Spiny Lobster (Panulirus argus), Migratory/Pelagic fish (various spp.), 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 Gordon River. 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, Florida 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 Murphy, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 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 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.