SAJ-2005-0725 (SP-HMM)

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:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Glover Bight.  The project site is located at 6041 Silver King Boulevard, in Section 22, Township 45 South, Range 23 East, Cape Coral, Lee County, Florida.

Directions to the site are as follows:  From the U.S. Army Corps of Engineers Fort Myers Field Office, turn left onto McGregor Boulevard. Turn right onto College Parkway. Turn left onto Pelican Boulevard. Turn left on Silver King Boulevard and follow down to the marina.

PROJECT PURPOSE: Basic:  Expansion of an existing marina.

Overall:  Expansion of an existing 225-slip marina by the addition of 41 new boat slips in Cape Coral, Lee County, Florida.

EXISTING CONDITIONS:  The proposed project area is an existing, 225-slip commercial marina located in Glover Bight, a tidal estuarine waterbody. There are no submerged aquatic vegetation or mangroves in the project area. The area surrounding the project site includes residential properties.

PROPOSED WORK:  The applicant seeks authorization to extend two existing docks and construct a new dock to add 41 slips to an existing 225-slip commercial marina for a total of 266 slips. The proposal would add approximately 18,895 square feet of new over-water structure, bringing the total over-water structures of the marina to 83,223 square feet. The proposal includes installation of 160, 12-inch wood pilings and 48, 14-inch concrete pilings using vibratory methods.

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 agreed to comply with National Marine Fisheries Service’s Protected Species Construction Conditions (2021), Vessel Strike Avoidance Measures (2021), and Standard Manatee Conditions for In-Water Work (2011). Turbidity curtains will be used throughout construction to minimize turbidity within the adjacent waterbody.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: No mitigation is proposed because there will be no impacts to special aquatic sites.

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 determined the proposed project may affect but is not likely to adversely affect (MANLAA) the West Indian manatee, swimming sea turtles, and giant manta ray; or the designated critical habitat for the West Indian manatee. The determination for the West Indian manatee was made using “The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (April 2013)”, which keyed out as follows: A-B-C-G-H-I-J-K-N-O-P, MANLAA. 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. 

The Corps has determined the proposal is likely to adversely affect the smalltooth sawfish and its designated critical habitat.  The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter. 

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. There are no mangroves or submerged aquatic vegetation in the project area. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Glover Bight or the Gulf of Mexico.  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 structure 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 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, Robert Frank, in writing at the Fort Myers Permits Section at 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, FL 33919; by electronic mail at Robert.W.Frank@usace.army.mil; or, by telephone at (970) 243-1199 Extension 1017. 

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: Water Quality Certification may be required from the Florida Department of Environmental Protection.

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.