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:
MarineMax Inc.
2600 McCormick Dr. Ste. 100
Clearwater, FL 33759
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a manmade tidal canal connected to Lemon Bay. The project site is located in section 33, Township 41 S, Range 20 E, at 7010 Placida Rd, Englewood, Charlotte County FL 34224.
Directions to the site are as follows: From I-75 take Exit 170. Head West on Kings Hwy. Turn right on Veterans Blvd. Turn Left on Winchester Blvd. Turn Left on Placida Rd and destination will be on Left.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.871746°
Longitude -82.309988°
PROJECT PURPOSE: To provide boat access to a dry slip marina.
Basic: Vessel access
Overall: To expand an existing marina facility to include the addition of a boat ramp at 7010 Placida Road, Englewood, FL 34224.
EXISTING CONDITIONS: The wetland system measuring approximately 0.4 acres consists of an estuarine system with red mangrove vegetated shoreline in the immediate vicinity. The applicant currently has a 225 square foot dock which can support 15 wet slips and boat trailer parking which supports 81 dry slips. The existing area surrounding the project site consists of finger piers, boatlifts, seawalls, and rip-rap with a mix of commercial and residential use.
PROPOSED WORK: Replace a 225 square foot dock with a 1,781 square foot dock and construct a new boat ramp to accommodate 15 existing and 6 new wet slips and 81 existing dry 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: Impacts to waters will be minimized using floating turbidity screens to contain turbidity until it subsides. No clearing or removal of plant species shall be performed.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No mitigation is requires since no aquatic resources will be impacted.
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.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect the Smalltooth sawfish (Pristis pectinata), the Green (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), Hawksbill (Eretmochelys imbricate), Leatherback (Dermochelys coracea) sea turtle, and the Threatened Loggerhead sea turtle (Caretta caretta). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps will make the determination of “may affect, not likely to adversely affect” (MANLAA) for the West Indian manatee and its designated critical habitat provided the applicant obtains Charlotte County Manatee Protection Plan consistence. 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 dated April 2013 (Manatee Key) and addendum dated May 13, 2019. Use of the Manatee Key resulted in the following sequential determination: A>B>C>G>H>I>J>K>N>O>P>3 MANLAA, with further consultation necessary. This determination is based on the applicant following the Standard Manatee Conditions for In-Water Work, 2011 for the proposed activity.
If the applicant is unable to obtain consistency with the Charlotte County Manatee Protection Plan, the Corps will pursue Formal Consultation with the USFWS by separate letter.
The applicant has agreed to follow the Standard Manatee Conditions for In-Water Work, and the Sea Turtle & Smalltooth Sawfish Construction Conditions. Also, the applicant has agreed to install educational materials for anglers, particularly the “Sawfish Safe
Release Guidelines”, and the sawfish encounter reporting instructions. The Corps would include the above mentioned conditions as a special conditions to any permit issued.
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 proposed over water dock system would create approximately 96 square feet of shading to the aquatic resources on site and will not require the discharge of dredged and/or fill material. The aquatic resources may be utilized by various life stages of Red Drum, Reef Fish (43 species), Shrimp (4 species), and Coastal Migratory Pelagics. 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 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 30 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, Russell Rouan, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Russell.W.Rouan@usace.army.mil; or, by telephone at (239)334-1975 ext. 0011.
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.