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: Daniel DiVenanzo
1737 Lake Terrace Drive
Eustis, Florida, 32726
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Eustis. The project site is located at 350 Lake Shore Drive, Eustis, Lake County, Florida.
Directions to the site are as follows: From the north, travel Interstate 75 to Highway (Hwy) 44. Take Hwy 44 East until it merges with Hwy 441 in Leesburg. Take Hwy 441 North for approximately 9 miles and turn left onto Lake Eustis Drive. Lake Eustis Drive turns into Lake Shore Drive, stay on Lake Shore Drive for approximately 3 miles and the location will be on the left. From the south, travel North on Interstate 75 to Hwy 44 and then follow the remainder of the directions above.
APPROXIMATE CENTRAL COORDINATES:
Basic: Modification of a commercial marina.
Overall: Modification of the Lake Eustis Marina to include an After-the Fact repair of existing dock structures, an After-the-Fact discharge of fill into a dead-end canal, and the construction of new docking structures.
EXISTING CONDITIONS: The wetland system consisted of a non-tidal freshwater system in the form of a dead-end canal dominated by tussock material. The tussock material consisted of Ludwigia spp., cattails, and other floating plant material. The existing area surrounding the marina consists of an adjacent mobile home park, a public boat ramp and other various development.
PROPOSED WORK: The applicant seeks authorization to construct 1,562-square-feet of new dock and remove 418 square-feet of existing dock. The applicant also seeks an After-the-Fact authorization to repair 5,247-square-feet of existing dock, the discharge of 680 cubic feet of fill material into a canal located on the east side of the property, and resurface an existing one lane boat ramp. The existing dock structure has 44 boat slips and the new dock structure would create 18 additional for a total of 62 boat slips.
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: Most of the work was for the repair and maintenance of the existing structures. The project also includes the removal of 418-square-feet of dock space.
COMPENSATORY MITIGATION –The applicant has provided the following explanation for why compensatory mitigation should not be required: The fill material was discharged into a previously excavated upland cut canal. The canal was filled with tussock material and not meeting Water Quality standards set by the Florida Department of Environmental Protection (FDEP). The FDEP did not require mitigation for the fill and has permitted this project.
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 proposal would have no effect on any 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Ocean. 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 approximately 51 miles away from the near bottom edge of 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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Enforcement Section, P.O. Box 4970, Jacksonville, FL 32232-0019 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, Shaun Gallagher by electronic mail at Shaun.E.Gallagher@usace.army.mil or, by telephone at (352) 562-3876.
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.
The 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. The Water Quality Certification was issued by the FDEP on October 7, 2021, by Environmental Resource Permit number 0131173-003-EI.
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.