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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Charlotte County Board of County Commissioners
c/o Joanne Vernon
P.O. Box 1803
Port Charlotte, Florida 33975
WATERWAY AND LOCATION: The project would affect waters of the United States, associated with the Charlotte Harbor. The project site is located at 15801 Cattle Dock Road, in Section 3, Township 41S, Range 21E, Port Charlotte, Charlotte County, Florida (Parcel ID: 412103400001).
Directions to the site are as follows: From the intersection of US-41 and SR776 (El Jobean Rd) in Port Charlotte, Fl, proceed 7.6 miles South/West on SR776 (El Jobean Rd) to the intersection with Cattle Dock Point Rd. Proceed West on Cattle Dock point Rd, 1.25 miles to the access gate. Continue 1400 ft North from the gate on Cattle Dock Point Rd to the project site. The site is on the West side of Cattle Dock Point Rd.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.94109°
Longitude -82.19122°
PROJECT PURPOSE:
Basic: Navigation
Overall: Construction of a new lock structure in Port Charlotte, Florida.
EXISTING CONDITIONS: The existing lock facility at Cattle Dock Point was constructed in 1975. The project site consists of 1.10 acres, located adjacent to an existing lock structure, and containing uplands, open water, and mangrove wetlands. The existing substrate consists of silt and mud; no seagrasses were observed in the area of the proposed structures and dredge footprint. The second lock is proposed to allow for additional vessel access and to decrease wait times for boaters, as well as provide improved safety by reducing the potential for boat collisions.
PROPOSED WORK: The applicant seeks authorization for the installation of: 1) a parallel 20 ft x 125 ft concrete lock structure involving the dredging of 2,769 cubic yards of material from 0.34 acres of mangrove wetlands and surface waters; 2) a 58.6 ft x 8 ft wide floating dock at the north end; and 3) a 58.6 ft x 8 ft fixed dock at the south end. All work is to be completed from both uplands and/or barge and turbidity curtains would be used during all in-water construction activities. All spoil material placed at an upland staging area to be dewatered prior to being trucked to a designated disposal site.
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 alignment (Western side of existing lock) represents the least damaging alternative to meet the project purpose. Best Management Practices, including the use of turbidity curtains, would be utilized during in-water construction activities. The Standard Manatee Construction Conditions for In-Water Work will be followed throughout construction, as well as the Sea turtle and Smalltooth Sawfish construction conditions.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: To offset unavoidable impacts to 0.09 acres of mangrove fringe, the applicant proposes the purchase of 0.09 saltwater forested credits from Little Pine island Mitigation Bank (LPIMB).
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: West Indian Manatee and designated critical habitat: The Corps has determined the project “may affect” the West Indian manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: A>B “May affect”. The Corps will request Fish and Wildlife Service concurrence under separate cover pursuant to Section 7 of the Endangered Species Act.
Smalltooth sawfish and sea turtles: The Corps has determined the proposed project “may affect, but is not likely to affect” the Smalltooth sawfish (Pristis pectinata) and swimming sea turtles [Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), and the Hawksbill sea turtle (Eretmochelys imbricata)]. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined that the project will have no effect on any other listed threatened or endangered species, and/or designated critical habitat.
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 0.09 acres of shallow water habitat utilized by various life stages of Penaeid Shrimp Complex, Red Drum (Sciaenops ocellatus), Reef fish (various spp.), 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 Charlotte Harbor. 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, FL 33919, 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, Stephen J. Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at (239) 334-1975.
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.