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SAJ-2011-02755 (SP-MAO)

U. S. Army Corps of Engineers, Jacksonville District
Published Aug. 3, 2023
Expiration date: 8/18/2023

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:  City of Punta Gorda
                       c/o Gregory Murray, City Manager
                       326 West Marion Avenue
                       Punta Gorda, FL 33950

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Peace River and Charlotte Harbor.  The project site is located within various existing channels, canals, inlets, and waterways within Punta Gorda Isles and Burnt Store Isles canal systems:

Snook Inlet: Latitude: 26.927331, Longitude: -82.665215
 
Pompano Inlet: Latitude 26.93094, Longitude -82.079033
 
Cross Channel: Latitude 26.927186, Longitude -82.079255
 
Bass Inlet: Latitude: 26.928285, Longitude: -82.065191
 
Boat Club Basin: Latitude: 26.930996, Longitude: -82.059591
 
Buckley’s Pass: Latitude: 26.884871, Longitude: -82.058847
 
Tarpon Canal: Latitude: 26.927382, Longitude: -82.085071
 
Ponce Inlet: Latitude: 26.908632, Longitude: -82.089560
 
Punta Gorda Isles: Latitude: 26.911944, Longitude: -82.070096
 
Burnt Store Isles: Latitude: 26.891665, Longitude: -82.041152
 
Burnt Store Perimeter Channel: Latitude: 26.896318, Longitude: -82.044438

 

Directions to the site are as follows:  The canal systems are located within the City of Punta Gorda and adjacent Burnt Store Isles. From the intersection of I-75 and US 17, travel west on US 17 until it ends at W Henry Street. Turn right and head west on W Henry Street. Turn right and head south on Bal Harbor Blvd. Travel south for approximately 0.5 miles to the center of the Punta Gorda canal system.

APPROXIMATE CENTRAL COORDINATES:  
Latitude 26.909652
Longitude -82.070758
 

PROJECT PURPOSE: Basic:  Maintenance dredging . Overall:  The maintenance dredging of existing canal systems in Punta Gorda, Charlotte County, Florida.

EXISTING CONDITIONS:  The canal systems consist of tidally influenced existing channels, manmade canals, and inlets. The areas have been routinely maintained in the past for navigation and there is no existing submerged aquatic vegetation in the project footprint. The canals and waterways are surrounded entirely by residential communities with armored shorelines. There are also existing channels which are adjacent to natural areas.

PROPOSED WORK:  The applicant seeks authorization for a 10-year permit for maintenance dredging of various canals and waterways within Punta Gorda Isles and Burnt Store Isles. The proposed dredging amounts, over a ten-year period include:  Punta Gorda Isles and Burnt Store Isles Canal System Maintenance Dredging
  • 10,000 Cubic Yards total, divided as necessary.
Burnt Store Isles Perimeter Maintenance Dredging
  • 17,075 Cubic Yards
Buckley’s Pass Maintenance Dredging
  • 18,056 Cubic Yards
Ponce de Leon Inlet Maintenance Dredging
  • 5,150 Cubic Yards
Pompano Inlet Maintenance Dredging
  • 3,000 Cubic Yards
Cross Channel Inlet Maintenance Dredging
  • 3,000 Cubic Yards
Tarpon Inlet Maintenance Dredging
  • 3,000 Cubic Yards
Snook Inlet Maintenance Dredging
  • 3,000 Cubic Yards
Bass Inlet Maintenance Dredging
  • 3,000 Cubic Yards
Boat Club Basin Maintenance Dredging
  • 4,400 Cubic Yards
Total 10-Year Dredging Volume
  • 69,681 Cubic Yards

All the dredged material will be placed in upland containment areas, dredged material management areas (DMMA), upland berms, and the Colony Point Spoil location, except for the material from the Burnt Store Isles waterways. This material will be deposited within the canal system where the water is >10 feet Mean Low Water.

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 proposed dredging is entirely within previously dredged and permitted waterways. There is no new dredging proposed and all depths will be to previously authorized dimensions.

The applicant has provided the following explanation why compensatory mitigation should not be required:  There is no new dredging proposed. There are no impacts to aquatic resources (i.e., mangroves or seagrasses) anticipated with the proposed work.

CULTURAL RESOURCES:  The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the permit area being so extensively modified from previous maintenance dredging events, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.

ENDANGERED SPECIES:  The Corps has determined the proposed project may affect, but is not likely to adversely affect swimming sea turtles, the West Indian manatee, and the smalltooth sawfish and its 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 channels and inlets utilized by various life stages of red drum (Sciaenops ocellatus), spiny lobster (Panulirus argus), reef fish (various spp.), migratory/pelagic fish (various spp.), and Penaeid shrimp complex.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Charlotte Harbor or the Peace River.  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: The proposed dredging is not located in the vicinity of a federal navigation 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 Fort Myers Permits Section, 701 San Marco Blvd., Jacksonville, Florida 32207 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, Michael Ornella II, in writing at the Fort Myers Permits Section, 701 San Marco Blvd., Jacksonville, FL 32207; by electronic mail at Michael.Ornella@usace.army.mil; by facsimile transmission at (904)232-1904; or, by telephone at (904)232-1498. 

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 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: Water Quality Certification is required and has been obtained from the Florida Department of Environmental Protection. The permit was issued on June 29, 2023 under permit number 0202050-008 EE, Charlotte County.

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.