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: Alta Mar Condominium Association, Inc.
c/o Keith Lindgvig and Kimberly Kressage
2825 Palm Beach Blvd.
Fort Myers, FL 33916
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Billy Creek. The project site is located at 2825 Palm Beach Boulevard, in Section 18, Township 44 S, Range 25 E, Fort Myers, Lee County, Florida.
Directions to the site are as follows: From U.S. Highway 41, turn east onto Second Street. Second Street will become Seaboard Street. Turn west onto Palm Beach Boulevard. In 0.3 miles, Alta Mar will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Overall: Construct a multi-family dock for the Alta Mar condominium residents in Fort Myers, Lee County, Florida.
EXISTING CONDITIONS: The project area consists of euryhaline tidal waters with no wetland vegetation. The site consists of an existing multi-family residential building protected by a bulkhead. The existing area surrounding the project site consists of developed commercial and multifamily lots.
BACKGROUND: This property was previously permitted on October 10, 2007 to renovate an existing marina to a total of 109 wet slips. A two year time extension for the project was issued on June 4, 2012. A five year time extension and project modification was issued on November 13, 2015, which reduced the number of wet slips from 109 to 24. The permit expired without work commencing and a new permit is required.
PROPOSED WORK: The applicant seeks authorization to install twelve (12) 4’ x 20’ finger piers to create 24 slips with boat lifts.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The work consists entirely of Section 10 work with no impacts to benthic resources. The applicant will utilize turbidity barriers for all in-water work. The number of slips had been reduced from 109 to 24.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood an historic property may be affected.
ENDANGERED SPECIES: The Corps has made the below determinations regarding the proposed project and effects to listed species or their designated critical habitat. The Corps previously obtained National Marine Fisheries Service concurrence for the original project with these determinations pursuant to Section 7 of the Endangered Species Act. The Biologic Opinion letter is dated October 19, 2015.
May affect not likely to adversely affect:
Green sea turtle (Chelonia mydas)
Kemp’s ridley sea turtle (Lepidochelys kempii)
Loggerhead sea turtle (Caretta caretta)
Smalltooth sawfish (Pristis pectinata)
Smalltooth sawfish critical habitat
West Indian Manatee: The Corps has made the determination of MANLAA for the West Indian manatee and its designated critical habitat. 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, April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A>B>C>G>H>I>J>K>N>O>P>1-MANLAA, with no further consultation necessary. 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 site does contain EFH and the Corps’ initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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., STE 310, Fort Myers, Florida 33919, within 15 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 Palm Square Blvd., STE 310, Fort Myers, Florida 33919; by electronic mail at Erin.M.Campbell@usace.army.mil; by facsimile transmission at (239)334-0797; or, by telephone at (239)334-1975x0013.
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, aesthetics, 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.