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: Sandy Circle Condo Association
c/o Richard Minto
1730 Sandy Circle, #103
Cape Coral, Florida 33904
WATERWAY AND LOCATION: The project would affect waters of the United States, associated with a manmade canal, connected to the Caloosahatchee River. The project site is located in Section 17, Township 45 South, Range 24 East, at 1730 Sandy Circle, Cape Coral, Lee County, Florida.
Directions to the site are as follows: From Fort Myers, take the lower Cape Coral bridge west to Del Prado Boulevard and make a left. Make first left onto Waikiki Avenue, then third right onto Bikini Court, and then first right onto Sandy Circle. Property will be located on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.56040°
Longitude -81.93891°
PROJECT PURPOSE:
Basic: Boating Access
Overall: Increase boating access for a multi-family facility in Cape Coral
EXISTING CONDITIONS: The subject property has an existing 1,917 square foot (SF) marginal dock with 11 slips, along an existing seawall, with a condominium facility and pool in the uplands.
PROPOSED WORK: The applicant seeks authorization to install 189 pilings to support 11 finger piers, totaling 1,338 SF overwater, with 21 boat lifts, to an existing 1,917 SF marginal dock, for a total overwater structure of 3,055 SF.
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 has proposed to use turbidity barriers and follow the manatee, sea turtle, and smalltooth sawfish construction conditions.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: There are no special aquatic sites proposed to be impacted by this activity.
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 and, additionally, the activity is of such limited scope there is little likelihood of impact upon an historic property; therefore, the proposed project would have “No Potential to Cause Effect” to historic properties.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect, the West Indian manatee (Trichechus manatus), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), and Smalltooth sawfish (Pristis pectinata). The Corps has concurrence with these determinations pursuant to Section 7 of the Endangered Species Act through programmatic consultations.
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 189 square feet of unconsolidated bottom utilized by various life stages of marine organisms. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Caloosahatchee River Estuary or 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: The proposed project is not located in the vicinity of a Federal Channel. In addition, the proposed structures will extend no more than 25% the width of the canal, which would not create a navigational hazard within the subject waterway.
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. Jurisdictional 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 Palm Square Boulevard, Suite 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, Steven Rabney, in writing at the Fort Myers Permits Section, 1520 Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919; by electronic mail at Steven.J.Rabney@usace.army.mil; or, by telephone at (239)334-1975 x0009.
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.