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 404 of the Clean Water Act (33 U.S.C. §1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Shipp’s Landing Condominium Association, Inc.
c/o John Cook, Manager
815 Bald Eagle Drive
Marco Island, Florida 34145
WATERWAY AND LOCATION: The project would affect waters of the United States, associated with Caxambas Pass, on the south end of Marco Island. The project site is located at 1080 S. Collier Boulevard, in Section 20, Township 52 South, Range 26 East, in Marco Island, Collier County, Florida.
Directions to the site are as follows: From Interstate 75, take exit 101 onto Highway 951 (Collier Boulevard) south to Marco Island, follow Highway 951 for approximately 19 miles, 1080 S Collier Boulevard (Shipps Landing Condominiums) will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Basic: Shoreline stabilization and marina reconfiguration.
Overall: Replacement of the existing seawall and reconfiguration of the existing 33-slip dock facility.
EXISTING CONDITIONS: The project is located at the southern end of Marco Island, adjacent to Caxambas Pass, within a multi-family/condominium residential area, with approximately 100% of the properties developed and approximately 100% have improved shorelines such as rip rap or seawalls. The subject property is developed with an improved shoreline of seawall and rip rap revetment, as well as a 33-slip docking facility for use by condo owners.
PROPOSED WORK: The applicant seeks authorization to replace approximately 983 linear feet of seawall within 18 inches of the existing seawall, move the existing rip rap at the toe of the seawall approximately 18 inches waterward from the existing location, and to reconfigure the existing 33-slip dock facility with a new facility with the same number of slips. The overwater structure will decrease from 4,089 square feet to 2,430 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 overwater structure area will decrease from 4,089 square feet to 2,430 square feet. The applicant will utilize turbidity curtains to prevent erosion and sedimentation in the vicinity of the project and will follow the in-water work protocols for Jacksonville’s Biological Opinion (JaxBO), manatee construction conditions, and sea turtle/smalltooth sawfish construction conditions. In addition, the applicant has stated that no submerged aquatic vegetation will be impacted by construction.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
No compensatory mitigation is required because there are no direct or indirect, permanent or temporary, impacts to special aquatic sites, including wetlands, seagrass, or corals, either physically or in functions and values.
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 or its designated critical habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act. The Corps has also determined that the project may affect, but is not likely to adversely affect, the smalltooth sawfish and swimming sea turtles, as determined under the JaxBO biological opinion.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species 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 0.06 acres of unvegetated submerged bottomlands by shading and an additional 0.03 acres due to filling for shoreline stabilization. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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.
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.
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 Boulevard, Suite 310, Fort Myers, Florida 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, Michael Taylor, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida 33919; by electronic mail at Michael.L.Taylor@usace.army.mil; or, by telephone at (239)334-1975 extension 0010.
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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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.