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: Venetian Bay North Yacht Club
C/o Peter Lawyer
4251 Gulf Shore Boulevard North 19B
Naples, Florida 34103
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Venetian Bay and the Big Cypress Swamp Watershed (HUC 8: 03090204). The project site is located at 4530 Gulf Shore Boulevard North, in Section 16, Township 49 South, Range 25 East, Naples, Collier County, Florida.
Directions to the site are as follows: From I-75 South, take Exit 107 towards Naples; turn right onto Pine Ridge Rd, go 0.5 miles then keep right to stay on Pine Ridge Rd for another 2.3 miles, then continue straight on Pine Ridge Rd for another 1.1 miles; continue onto Seagate Dr for 0.5 miles then turn left onto Crayton Rd; go 1.0 mile and turn right onto Park Shore Dr, go 0.3 miles, then turn right onto Gulf Shore Blvd North; proceed 0.4 miles and the destination will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.204178°
Longitude: -81.812780°
PROJECT PURPOSE:
Basic: Marina renovation
Overall: To modify and expand an existing multi-family residential marina located at the Venetian Bay North Yacht Club in Collier County, Florida.
EXISTING CONDITIONS: The Venetian Bay Yacht Club is an existing docking facility, consisting of five (5) separate structures, currently preempting approximately 8,067 square-feet of privately owned submerged lands, providing 75 existing wet slips, exclusively used for mooring recreational vessels.
PROPOSED WORK: The applicant seeks authorization to repair and replace the existing docking structures, in the same location and configuration, with slight modifications made to the existing structures. While the number and length of existing wet slips will not change, the applicant would like to increase the length and width of the existing finger piers between slips, resulting in a new total of 10,935 square feet of structures over the water. This modification is needed to provide safer pedestrian traffic on the docks, and to facilitate safer loading and unloading of vessels within the existing slips. More specifically, the finger piers on Docks B,C,D, and E will be increasing in length and width from 2.8 feet wide by 19.3 feet long to 4 feet wide by 34 feet long; the finger piers on Dock A will increase from 5 feet wide by 28 feet long to 6.3 feet wide by 44 feet long. The extended finger piers will remain wholly contained within the applicant’s privately owned platted submerged parcels. Water depths range from 3.5 feet at mean low water line (MLW) in the slips closest to the shoreline, to 10 feet at MLW in the larger slips furthest waterward from the shoreline (seawall). There are no liveaboards, fueling facilities, or pump-out facilities existing or proposed. All work would take place over 10,935 square feet (0.25-acre) of waters of the United States.
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:
“Proper BMP’s will be deployed throughout construction. There will be no dredging or filling other than the installation of replacement piling supported structures. J Foster Consulting verified there are no submerged aquatic resources within the project area, and the facility will maintain its historic use and footprint. Therefore, no mitigation is proposed. The submerged lands within and surrounding the proposed project area(s) do not appear to be sovereign submerged lands.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: There will be no impacts to submerged aquatic vegetation or special aquatic resources, therefore mitigation is not required.
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 the smalltooth sawfish (Pristis pectinata). By separate letter, the Corps will request formal consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act.
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) or their designated critical habitats. 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 the proposed project will have no effect on the Wood stork (Mycteria americana) American crocodile (Crocodylus acutus), Eastern indigo snake (Drymarchon corais couperi), Florida bonneted bat (Eumops floridanus), Florida scrub jay (Aphelocoma coerulescens), Piping plover (Charadrius melodus), or any other Federally listed species and/or their designated critical habitats. 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 proposal would impact approximately 0.25-acre of estuarine waters utilized by various life stages of Red Drum (Sciaenops ocellatus), Reef fish (various spp.), Migratory/Pelagic fish (various spp.), Snapper/Grouper Complex.
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 Bartley, by electronic mail at Michelle.L.Bartley@usace.army.mil; or by telephone at (239) 334-1975 ext. 0006.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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.