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: Island Cove of Cape Coral – Condo Assoc.
1789 Four Mile Cove Parkway
Cape Coral, Florida 39904
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Otter Rest and Honey Bear Canals. The project site is located at 1777-1800 Four Mile Cove Parkway, in Section 29, Township 44 South, Range 24 East, Cape Coral, Lee County, Florida.
Directions to the site are as follows: From US-41 in Fort Myers, take Pine Island Road west to Del Prado Boulevard and turn left. Travel south on Del Prado Boulevard for about 3.5 miles to Four Mile Cove Parkway and turn left. The project site will be on the left.
APPROXIMATE CENTRAL COORDINATES:
Basic: Recreation – water access
Overall: To complete construction on a 145-slip multi-family residential docking facility in Cape Coral, Florida.
EXISTING CONDITIONS: The site is a multi-family condo development with an existing seawall shoreline along a residential canal. The site currently contains 108 of the previously authorized 145 boat slips.
PROPOSED WORK: The applicant seeks authorization to complete construction of the previously authorized 145-slip docking facility. Work would include the construction of 37 additional slips and boat lifts. Thirty-three (33) of the slips will have an 80-square foot dock and 4 of the slips will have a 143-square foot dock. Work will also include the completion of the captain’s walk (30-feet by 5-feet for a total of 150-square feet).
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 applicant is only asking to permit the unfinished work from the previous permit. No additional work has been proposed.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No mitigation is proposed as the project will not results in a loss of aquatic resources.
CULTURAL RESOURCES: The Corps has determined the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the West Indian Manatee or its designated critical habitat. The Corps will request Fish and Wildlife Service's concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the Smalltooth sawfish and/or swimming sea turtles. The Corps will request National Marine Fisheries Service's concurrence with this determination 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 0.005 acres of unconsolidated bottom utilized by various life stages of Penaeid shrimp complex/Red drum/ Reef fish/Stone crab/Spiny lobster/Migratory-pelagic fish/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 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is not located near the Intracoastal Waterway Federal channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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 Tampa Permits Section, 10117 Princess Palm Ave. Suite 120, Tampa, Florida 33610 or Candice.M.Wheelahan@usace.army.mil 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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palm Ave. Suite 120, Tampa, Florida 33610; by electronic mail at Candice.M.Wheelahan@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7064.
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.