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:
Old Naples Seaport Yacht Association Inc.
895 10th Street South, Suite 201,
Naples, FL 34102
WATERWAY AND LOCATION: The project would affect the waters of the United States associated with Naples Bay. The project site is located at 1001 10th Avenue S, in Section 10, Township 50 South, Range 25 East, Naples, Collier County, Florida.
Directions to the site are as follows: From 1520 Royal Palm Square Boulevard, Fort Myers, Florida (Fort Myers Field Office). Get on I-75 S from Colonial Blvd (5.8 mi). Follow I-75 S to County Rd 886/Golden Gate Pkwy in Collier County. Take exit 105 from I-75 S (30.7 mi). Follow County Rd 886/Golden Gate Pkwy and Goodlette Rd S/Goodlette-Frank Rd to 10th Ave S in Naples (6.1 mi) Court (0.1 mi). Turn right onto Pettit Court (430 ft). Keep right to stay on Pettit Court (75 ft), and the site is on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 26.136964°
Longitude -81.79039°
PROJECT PURPOSE: Basic: Marina renovation. Overall: Renovate an existing marina within Naples Bay, Collier County, Florida.
EXISTING CONDITIONS: The system consists of a saltwater estuarine system with a subtidal subsystem. The existing area surrounding the project area consists of a Naples Bay and a navigational channel to the east, Naples Bay to the south, private multi-slip marina to the north, and a residential development to the west.
PROPOSED WORK: The applicant seeks authorization to install a 422-square-foot dock addition, and eighteen pilings, for a total overwater structure of 9,241 square feet. Mechanical maintenance dredging of a 58,517 square foot segment of Naples Bay to -7 feet mean low water, removing approximately 4,356 cubic yards of material. Mechanical new dredging of a 45,991 square foot segment of Naples Bay to -7 feet mean low water, removing approximately 1,686 cubic yards of material. Mechanical dredging is proposed from the adjacent uplands. All dredge spoil will be disposed of at an offsite, upland area located at 25501 Bonita Grande Drive, Bonita Springs, Florida.
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 avoided and minimized impacts to the aquatic environment to the greatest extent practicable. The proposed project will be located in an area that does not contain wetlands, submerged aquatic vegetation, corals, or shellfish beds. The applicant has proposed to use turbidity barriers and follow the manatee conditions for in-water work. The proposed dock extension will not exceed the 25% width of the waterbody and have no impact on navigability. All debris will be disposed of in the uplands at the local landfill.
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 special aquatic sites proposed to be impacted by this activity.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: The Corps has made the determination of may affect, not likely to adversely affect (MANLAA), for the West Indian manatee (Trichechus manatus) and its designated critical habitat. The Corps has concurrence with this determination pursuant to The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Manatee Key) and the May 13, 2019 addendum. Use of the Manatee Key resulted in the following sequential determination: A>B>C>G>N>O>P>1 MANLAA, with no further consultation necessary. This determination is based on the applicant following the Standard Manatee Conditions for In-Water Work, 2011 for the proposed activity.
The Corps made the determination of may affect, likely to adversely affect, for green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), loggerhead sea turtle (Caretta caretta), giant manta ray (Manta birostris), and smalltooth sawfish (Pristis pechtinata). On December 14, 2022, the Corps initiated informal consultation with National Marine Fisheries Service (NMFS) for the project. The NMFS-Protected Resources Division (PRD) responded on March 6, 2023, concurring with the Corps’ determination and concluded consultation with the issuance of a letter of concurrence (SERO-2022-03083).
The Corps has determined the proposal would have no effect on the Florida Bonneted Bat (Eumops floridanus), Piping Plover (Charadrius melodus), Florida scrub jay (Aphelocoma coerulescens), and American Crocodile (Crocodylus acutus).
The Corps has determined the project would have no effect on the Florida bonneted bat. The project lies within the consultation area for the bat, but the proposed work and location of the work will not affect or alter suitable bat habitat.
The Corps has determined the project would have no effect on the Piping plover or its critical habitat. The project lies within the consultation area for the plover, but the habitat type within the project site is not preferable for the species as defined in the Programmatic Piping Plover Biological Opinion dated May 22, 2013.
The Corps has determined the project would have no effect on the Florida scrub jay or its critical habitat. The project lies within the consultation area for the scrub jay, but the habitat type within the project site is not preferable for the species as defined in the SLOPES guidance.
The Corps has determined the project would have no effect on the American crocodile or its critical habitat. The project lies within the consultation area for the crocodile, but the habitat type within the project site is not preferable for the species according to the FWS croc PDF.
ESSENTIAL FISH HABITAT (EFH): In the Corps’ December 14, 2022, informal consultation letter, it was determined that the proposed project would not have a substantial adverse impact on EFH. On March 17, 2023, NMFS-Habitat Conservation Division (HCD) stated: “from our review of the project plans and evaluation of the historical and current site conditions of the project area, we anticipate any adverse effects that might occur on marine and anadromous fishery resources would be minimal. Therefore, the NMFS HCD does not have any essential fish habitat conservation recommendations to provide regarding these activities”.
Navigation: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is not in the vicinity of the Intracoastal Waterway Federal channel, nor would it infringe upon the safe navigation of the waterway as the proposed modification will not extend beyond approximately 25% of the waterbody.
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, Ste 310, Fort Myers, Florida 33919-1036 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. 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 Strange, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Ste 310, Fort Myers, Florida 33919-1036; by electronic mail at Michael.R.Strange@usace.army.mil or by telephone at (239) 334-1975 x0008.
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 (WQC): WQC is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0133888-007 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.