Public Notice Notifications

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SAJ-2000-02693 (SP-MLB)

Published July 29, 2020
Expiration date: 8/29/2020

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: Hanson Marine Properties, Inc.
C/o Darrell M. Hanson
2500 Main Street
Fort Myers Beach, Florida 33931

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Matanzas Pass and the Big Cypress Swamp Sub-basin HUC 8: 03090204. The project site is located at the existing marinas located at 2200-2600 Main Street, in Section 19, Township 46 South, Range 24 East, Fort Myers Beach, Lee County, Florida.

Directions to the site are as follows: From I-75 take exit 131 and head west to Daniels Parkway (CR 876) for 3 miles; make a left on 6 Mile Cypress Parkway (CR 865) and continue on for 4 miles; make a left on Summerlin Road (CR 869) and continue on for 3.5 miles; make a left on Pine Ridge Road and continue on for 1 mile; make a left on San Carlos Boulevard (FL-865) and continue on for 2 miles and make a left on Main Street before the Matanzas Pass Sky Bridge; in approximately ½ mile, the project site will be on your right (Salty Sam’s Marina).

Latitude 26.456734°
Longitude -81.943635°

Basic: Marina renovation
Overall: To combine and expand two (2) existing marinas currently known as Main Street Marina and Salty Sam’s Marina along Matanzas Pass in southwestern Lee County, Florida.

EXISTING CONDITIONS: The 2 marinas are located adjacent to each other and have an overall size of 31,138 square feet (sf.) (0.71 acre) consisting of 261 permanent dry slips, 123 permanent wet slips and 103 transient and vendor slips (including 36 temporary wet slips and 67 temporary dry slips).

Marina No. 1 (Main Street Marina) is 12,794 sf. (0.29 ac) and consists of 35 permanent wet slips and 53 permanent dry slips. The following structures exist according to the Permitted Dock Plan, as labeled in the attached project drawings:

- Dock A: (1) 250’ long by 8’ wide floating access pier including (1) 40’ long by 5’ wide aluminum ramp, (3) 63’ long by 4.5’ wide floating finger piers, (3) 53’ long by 4.5’ wide floating finger piers, (12) 4’ x 4’ (8 sf.) triangle corners at the base of the floating docks for stability and (1) 12’ by 12’ transformer platform, total 4,006 sf. (0.09 acre);

- Dock B: (1) 350’ long by 8.5’ wide floating access pier with (6) 43’ long by 4.5’ wide and (4) 53’ long by 4.5’ wide floating finger piers, (1) 25’ long by 5’ wide aluminum ramp, (20) 4’ x 4’ triangle comers at the base of the floating docks; (1) 4.3’ wide x 164’ long floating dock, (1) 8’ wide x 105’ long floating dock, (1) 4’ wide x 19’ long transformer platform, (1) 6.2’ wide x 7.2’ long transformer platform; total 7,201sf. (0.16 ac.)

- Marginal (Shore Parallel) Docks: (1) 6.2' wide by 194' long marginal dock used to connect Docks A and B and function as a temporary mooring and staging area for the boat rental operation, (1) 6.2' wide by 62' long marginal dock that connects Docks B and the marginal dock at the base of Dock C, for a total overall square footage of 1,587 sf (0.04 acre).

Marina No. 2 (Salty Sam’s Marina) is 18,344 sf. (0.42 ac) and consists of 88 permanent wet slips and 208 permanent dry slips. The following structures exist, according to the Permitted Dock Plan, as labeled in the attached project drawings:

- Dock C: (1) 5’ wide x 30’ long access ramp; (1) 8.5’ wide x 340’ long access walkway; (1) 6.5’ wide by 143’ long “T” with (3) 4.3’ wide x 74’ long finger piers; (1) 8.5’ wide by 53.3’ long finger; (9) 4.3’ wide x 43’ finger piers; (6) 4.3’ wide by 53.3’ long finger piers; (2) 4.3’ wide by 63.5’ long finger piers; (43) 4’ x 4’ triangle corners at the base of the floating dock finger piers; and (1) 5’ wide x 12’ long transformer platform, total 9,366 sf. (0.21 acre).

- Dock D: (1) 5’ wide x 30’ long access ramp; (1) 8.5’ wide x 422’ long main access floating dock, (9) 4.3’ wide x 43’ long finger piers; (3) 4.3’ wide x 53’ long finger piers; (22) 4’ x 4’ triangle corners at the base of the floating dock finger piers; (1) 5’ wide by 13’ long transformer platform; (1) 8’ x 8’ transformer platform, total 6,385 sf. (0.15 acre);

- Marginal (Shore Parallel) Docks: (1) 6.4’ wide by 7.3' long fixed platform connected to (1) 5' wide by 25' long aluminum ramp; (1) 8.3’ by 8’ floating dock; (1) 6’ wide by 92’ long floating dock; (1) 6’ wide by 118’ long floating dock; (1) 6’ x 6’ fixed platform; (1) 4.3’ wide x 9’ long aluminum ramp; (1) 5’ wide by 24’ long aluminum ramp; (3) 6’ wide by 50’ long floating docks; total 2,593 sf.(0.06 ac.)

The marina is bordered by commercial structures on the uplands and to the north, Matanzas Pass to the west, Matanzas Pass with mooring fields to the south, and a mangrove island, with conservation easement, to the east.

PROPOSED WORK: The applicant proposes to combine the two marinas, calling it “Hanson Marine properties d/b/a Salty Sam’s Marina”. In addition, the applicant is proposing to slightly expand the new marina by adding an additional 2,156 sf. (0.05 acre) of dock structures as listed below and as noted on the attached project plans. The additions would result in the creation of eight (8) new wet slips and increase the marina size to 33,294 sf (0.76 acre).

- Dock A: (1) 4’ wide x 250’ long floating dock addition, for an overall additional square footage of 1,000’ (0.02 acre);

- Dock B: (4) 4.3’ wide x 43’ long finger piers with (7) 4’ x 4’ triangles at the base of the floating finger piers; (1) 8’ x 45’ floating dock extension; 1,156 sf (0.03 acre).

The existing and proposed floating docks and finger piers will be constructed using a mix of PVC and concrete encased foam and composite decking as per manufacturer's specifications. There will be four (4) 14” square precast concrete (anchor) piles use to anchor the ends of the four finger piers and (2) 12” dia. wood pilings used to anchor the 45’ dock extension. No other pilings are proposed.

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 Contractor will employ best management practices during all phases of construction to prevent the spread of turbidity into the waters of the state. Turbidity control measures will be maintained until all construction is complete. Weighted turbidity curtains will be installed around all stages of construction and will be relocated as the work progresses around the basin. Turbidity curtains will be maintained until all construction is complete and all turbidity has subsided to acceptable levels. All turbidity controls shall be inspected daily, and any repairs made immediately prior to
construction continuing.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: No mitigation is proposed. Work will be conducted in a manner that does not cause violations of state water quality standards. Best management practices will be implemented for erosion and pollution control.

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 proposed project may affect, but is not likely to adversely affect (MANLAA), the West Indian manatee (Trichechus manatus) and the smalltooth sawfish (Pristis pectinata), and/or their designated critical habitats. The USFWS issued a Biological Opinion (BO) dated February 14, 2005, for the manatee within the footprint of the existing marinas, resulting in a MANLAA. The Corps will request U.S. Fish and Wildlife Service and National Marine Fisheries Service concurrence with this determination, pursuant to Section 7 of the Endangered Species Act.

The Corps has determined that the proposal would have no effect on the American crocodile (Crocodylus acutus) or any other Federally listed species, and/or its designated critical habitat. No further consultation with the Service is required for these species.

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 project site does not contain EFH; therefore, the Corps has determined that the proposed project would have no effect to EFH.

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 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, Michelle L. Bartley, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at; or, by telephone at (239) 334-1975 ext. 0006.

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.