SAJ-2008-01071(SP-SJR)

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 the Mandolin Canal that is directly connected to the Caloosahatchee River. The project site is located in Section 08, Township 45 South, Range 24 East, at 1811 Cape Coral Parkway E, Cape Coral, Lee County, Florida.

Directions to the site are as follows: From Fort Myers proceed on College Parkway towards the Cape Coral Bridge. Continue over the bridge and property will be located on the right just past the bridge.

PROJECT PURPOSE:  Basic: Marina

Overall: Construct a marina with temporary slips and fuel dock to support an upland entertainment facility in Cape Coral.

EXISTING CONDITIONS:  The site location is sand/silt bottom in a manmade canal along the Caloosahatchee River. The existing area surrounding the project area consists of concrete seawall with a proposed upland development. The applicant received a Nationwide Permit in 2022 to replace the existing seawall 1.5 feet waterward of the existing and to maintenance dredge 1,770 cubic yards of material to a depth of -5 mean low water.

PROPOSED WORK:  The applicant seeks authorization to install 144 wooden pilings to support (14) 156 square foot finger piers with 16 temporary slips and a 942 square foot fuel dock with 4 temporary slips for a total overwater structure of 3,126 square feet and a total of 30 temporary 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:  The applicant has proposed to utilize best management practices and deploy turbidity curtains during construction activities. Additionally, the county has completed a manatee protection plan consistency review that allows for up to 30 slips at this location.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:  The substrate is void of any hard bottom, seagrasses, or oysters and there are no special aquatic sites proposed to be impacted by this activity and therefore mitigation would not be required.

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 proposed work and/or structures being of such limited nature and scope that little likelihood exists for the proposed project to impinge upon a historic property 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 the West Indian manatee (Trichechus manatus), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Smalltooth sawfish (Pristis pectinata). 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.  [INCLUDE IF APPROPRIATE] The proposal would impact approximately 157 square feet of unconsolidated sand/silt bottom utilized by various life stages of marine organisms.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in 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 project is not near a federal channel and is located within an artificial canal. The structure will not take up more than 25% of the waterway leaving navigation open for the residents in the adjacent canals to transit to and from the river.

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, Fort Myers, FL 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, Steven Rabney, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Fort Myers, FL 33919; by electronic mail at steven.j.rabney@usace.army.mil; or, by telephone at (239)334-1975 x0009. 

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: N/A

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.