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:
Sunrise Cay II
c/o Mr. Jack Giberga
301 Sunrise Cay
Naples, FL 34114
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Port of The Islands. The project site is located at 301 Sunrise Cay in Section 09, Township 52 South, Range 28 East, Naples, Collier County, Florida.
Directions to the site are as follows: From Fort Myers intersection Daniels Pkwy and South Tamiami Trail (SR 41) head south for approximately 51.10 miles to Newport Drive and head south approximately 0.30 miles to Sunrise Cay and head east approximately 290 feet. The project site is located south of Sunrise Cay.
APPROXIMATE CENTRAL COORDINATES:
Latitude 25.954209°
Longitude -81.511143°
PROJECT PURPOSE:
Basic: Marina re-configuration.
Overall: Re-configure the existing marina through the placement of all slips within the manmade canal and add floating boatlifts to all slips, at the Sunrise Cay II community.
EXISTING CONDITIONS: Waters of the United States consists of a saltwater manmade canal which connects directly to Fakahatchee Bay and the Gulf of Mexico. The existing area surrounding the project area consists of multi-family and single-family residences. In-water structures consist of a shore-parallel dock and floating concrete dock with 42 mooring slips.
PROPOSED WORK: The applicant seeks authorization to re-configure the existing 42 slips by installing 42 floating boatlifts within the existing slips, including the installation of the approximate 90 boatlift control piles, as well as to relocate 6 slips along the Faka Union Canal to the man-made canal on the south shoreline where the remaining 36 slips are located.
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 slipped size has been minimized and only one slip per owner is allowed.
COMPENSATORY MITIGATION – As this project is the re-configuration of an existing marina with no additional slips added and no impacts to special aquatic resources, compensatory mitigation is not required.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) Smalltooth Sawfish (Pristis pectinate), Green Sea Turtle (Chelonia mydas), Hawksbill Sea Turtle (Eretmochelys imbricata), Kemp’s Ridley Sea Turtle (Lepidochelys kempii), Leatherback Sea Turtle (Demochelys coriacea), Loggerhead Sea Turtle (Caretta caretta) or their designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 0.29 acres of waters utilized by various life stages of 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 Faka Union Canal. 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 within the near bottom edge of the Intracoastal Waterway Federal channel. In addition, the structures have been designed to not encroach on more than 25% the width of the 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. 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, William DeFrance, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Fort Myers, FL 33919; by electronic mail at William.D.DeFrance@usace.army.mil; 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.
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.
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.