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: PGI Section 24 Property Owners Association, Inc.
C/o Charlie Cheek
88 Vivante Boulevard, #8825
Punta Gorda, FL 33950
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Charlotte Harbor and the Peace River. The project site is located at 92 Vivante Boulevard, in Sections 10 and 11, Township 41 South, Range 22 East, Punta Gorda, Florida 33950.
Directions to the site are as follows: From I-75, take Exit 164, and head west on US-17, go approximately 2.2 miles crossing US 41, continue west on W. Marion Drive for approximately 2.9 miles, turn right into the Vivante property.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.924869°
Longitude -82.087814°
BACKGROUND: The Corps issued a permit to Daimex Corporation on March 6, 1996, for the following: 1) Reconfiguring a 27 acre man-made basin; 2) Creating a navigational channel from the basin to a man-made canal; 3) Replacing two culverts and adding manatee gates; 4) Creating a ditch through uplands between the new culverts and a tidal creek to assist in water control; 5) Replacing 8,743 feet of seawall with 10,665 feet of new seawall; 6) Constructing two bridges with access to isolated islands within the man-made basin. The overall project purpose was to provide access to Charlotte Harbor and improve flushing of the basin, all within a 7.26 acre project area. The work authorized in this permit was never started.
PROJECT PURPOSE:
Basic: Vessel access
Overall: Construct an access channel to Charlotte Harbor and improve discharge and water quality
EXISTING CONDITIONS: The 6.5 acre project footprint consists of the following: a well maintained upland area; mangrove and tidal swamp; bays and estuaries; and a man-made basin. The upland area consists of a maintained grass lawn that transitions into a tidal wetland with mixed mangrove forest (black, white, red) to the north and between the man-made basin and the Peace River. The near-shore submerged areas consist of patchy seagrass and an unconsolidated sandy bottom. The area surrounding the project footprint consists of the previously approved Daimex Corporation project to the south and southwest, the Peace River to the north and west, and vacant/developed single-family homes with man-made canals to the east.
PROPOSED WORK: The applicant seeks authorization to construct a private residential marina within the existing man-made basin; a navigational channel from the man-made basin to the Peace River; a flushing channel to assist with water quality and flow; removing existing seawalls and installing new seawalls; installing navigational markers at the channel entrance; constructing an upland storage area (dredged material handling site). The project area would be 6.50 acres in size. More specifically, the work would consist of the following:
1) Construct a private residential marina consisting of 128 finger piers (255 wet slips) for the residents within the Vivante development and 21 docks (41 wet slips) for the existing or proposed single-family homes on the east side of the man-made basin;
2) Construct a 1,750’ long by 60’ wide by 6’ deep [Mean Low Water (MLW)] navigational channel that extends from the far northern section of the existing man-made basin to the Peace River and east to the entrance markers of Tarpon Canal. The construction would consist of excavating/removing upland vegetation from an 11,400 square foot area (0.26 acre) area; excavating/removing 7,718 square feet (0.18 acre) of mixed mangrove forest and 93.7 square feet (0.002 acre) of seagrass [Shoalgrass (Halodule wrightii)]. Additional channel work would consist of dredging/removing approximately 101,000 square feet (2.32 acres) of sediment from the unconsolidated river bottom made up of sand, mud and shell hash. The dredged material would be transferred and placed within the deepest areas of the man-made basin to enhance flushing of the basin. The remaining channel work would consist of lining the channel entrance with 500 cubic yards of rip-rap revetments (12”- 36” stone) over a 4,400 square foot (0.10 acre) area;
3) Construct a 28’ wide by -1’ deep (MLW) flushing channel within a 11,615 square foot (0.27 acre) area that borders the landward limit of the mangrove wetlands in order to improve the flushing and the water quality in the man-made basin, the mangrove wetlands and the Peace River. The flushing channel would connect the southwest corner of the man-made basin to an existing tidal wetland and creek. An 87’ concrete seawall would be installed to assist with stabilization of the upland area. A 70’ long box culvert, with manatee exclusion gates, would be installed beneath North Marion Court. The box culvert would connect the flushing channel to a flushing basin and tidal creek. A 12’ wide by 225’ long rip-rap revetment, covering a 3,690 square foot (0.08 acre) area, would be placed along the perimeter of the flushing basin to minimize erosive impacts to the adjacent parcel. The flushing basin would impact 3,870 square feet (0.09 acre) of mangroves in order to connect the flushing basin to the lowest elevation of the adjacent mangrove wetlands and eventual outfall through the tidal creek. The flushing basin would be designed to minimize impacts to neighboring wetland species, allowing an increased amount of tidal exchange with the adjacent mangrove wetlands. The flushing basin would also aid in improved flushing and increased detrital and silt transport, resulting in the reduction of organics that clog the creek. The Peace River and Charlotte Harbor will also receive these flushing benefits by allowing a greater volume of water to flow through the man-made basin during tide cycles, allowing for settling of suspended sediments within the deeper waters of the basin;
4) Removing approximately 64’ of existing concrete seawall from within the man-made basin. Installing 385’ of pre-fabricated concrete seawalls along portions of the channel entrance to achieve as much navigable channel width as possible while reducing impacts to the uplands. A cantilever design is proposed for the east side of the channel, consisting of fronting private property, in order to avoid the need for any earth anchors extending into the upland. The west side will include a conventional earth anchor seawall design;
5) Installing two (2) navigational markers at the toe of the riprap, on both sides of the channel entrance. They would define the proposed access channel and rip rap as it connects to the existing marked channel. Markers will be set on CCA treated wooden piling and built per local code regarding navigational signage;
6) Construct a 220’ by 130’, 28,600 square foot (0.66 acre) material handling area in the uplands and at the southeast portion of the man-made basin. The material handling area would be used for the transferring and handling of the vegetation and organic layers associated with the dredged material. The handling area would be encompassed by filter fabric and silt screening. A gravel trap, utilized as a truck entrance, would be installed at the southern end of the handling area. The material will then be transferred from the handling area to the deepest areas of the man-made basin to enhance flushing of the basin;
7) Fill approximately 255,650 square feet (5.87 acres) of the deepest portion of the man-made basin to reduce depths from a maximum of -28.4’ to -20’ to improve water quality.
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 project design is the least, most practicable alternative that minimizes impacts to special aquatic resources. It is minimalistic in both width and depth relative to vessels appropriate for mooring at the facility. The access is located at an area where the least impacts to special aquatic resources would take place with the minimal length is needed to access the closest existing navigational channel access. Harbor.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: As compensation for the direct impacts to the 11,588 square feet (0.27 acre) of mangrove wetlands, the applicant proposes to purchase mitigation credits from the Little Pine Island Mitigation Bank.
CULTURAL RESOURCES: 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: The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus) and its designated critical habitat and the Smalltooth sawfish (Pristis pectinata) and its designated critical habitat. The Corps will request initiation of formal consultation with the Fish and Wildlife Service and the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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 0.27 acre of mangrove wetlands and seagrass utilized by various life stages of the West Indian manatee and the Smalltooth sawfish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or 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 within 21 days from the date of this notice. For electronic mail (preferred) submit comments to michelle.l.bartley@usace.army.mil. For standard mail submit comments to 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, Florida 33919, or by telephone at (239) 334-1975 ext. 0006. Please reference this permit number, SAJ- 1990-00134 (SP-MLB), on all submittals.
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, Michelle Bartley, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, Florida 33919, by e-mail at michelle.l.bartley@usace.army.mil, or by telephone at (239) 334-1975 ext. 0006.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.