SAJ-1994-05286 (SP-MAD)

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:

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico. The project site is located in Section 9, Township 50 South, Range 25 East, at 25 12^th Ave. S., Naples, Collier County, Florida.

Directions to the site are as follows: From I-75 travel south towards Naples, take Exit 105 bearing right onto Golden Gate Pkwy. Travel west for about 4 miles and then turn left onto US-41 S/Tamiami Trail N. Travel south on US-41 for approximately 2 miles and continue straight onto 9^th St. S. Travel south on 9^th St. S for about ½ mile, then turn right onto Broad Ave. Travel on Broad Ave for about ¾ mile to Gordon Drive and turn left (south) onto Gordon Drive. Travel south for two blocks and turn right (west) onto 12^th Ave. S, continue to the end of the road, where you would arrive at the project site.

PROJECT PURPOSE: Basic: The basic project purpose is to reconstruct a damaged historic municipal pier.

Overall: The overall project purpose is to reconstruct, restore and uphold the historic integrity, improve amenities, and enhance the structural resiliency of a damaged historic municipal pier within the City of Naples, to continue to provide fishing, sunset viewing, and other recreational opportunities to the general public.

EXISTING CONDITIONS: The aquatic system consists of estuarine and marine subtidal and intertidal saltwater systems. The in-water project area contains debris from the previously existing damaged pier, such as concrete pilings and wood components of the structure, and other debris to include crab traps, cast nets, ropes and anchors; the substrate is composed of sand with periodic accumulations of shell; drift algae was observed onsite, however no seagrasses are located in the project area. The onshore project area is composed of a sand beach and the remaining municipal pier structure; vegetation beyond the backshore consists primarily of various palms and seagrapes (Coccoloba uvifera). The area immediately surrounding the project site comprises of an urban area within the City of Naples, the Naples Historic District encompassing 50 acres mostly north of the pier that includes residential and commercial structures, other single-family and multi-family residential, commercial and municipal structures, and city infrastructure.

PROPOSED WORK: The applicant seeks authorization to reconstruct and enhance the Naples Pier; proposed work would remove approximately 539 cubic yards (CY) of debris, consisting mostly of concrete pilings and bents, from below the mean high water line (MHWL), in conjunction with demolition of the remainder of the previously existing Naples Pier that was damaged during Hurricane Ian in September 2022, and dispose of the debris within an uplands area that is not a waters of the U.S. (WOTUS), specifically within a local landfill. This work would temporarily impact 12,000 square feet (0.28-acre) of WOTUS. Additionally, the applicant seeks authorization to replace the previously existing 16,493-square-foot Naples Pier with a larger pier, for an overall structure size of 26,143 square feet; of which, 17,660 square feet (0.41-acre) is proposed as overwater structure, permanently impacting waterward of the MHWL. The new pier would extend no further waterward from MHWL, than the previously existing pier, or, 777 feet, 3 inches. The pier would be supported by one-hundred eighty-two (182) 18-inch square concrete pilings installed via jetting and set at final depth by impact hammer; with one-hundred fifty-six (156) of the concrete piles placed below the high tide line (HTL), permanently impacting 351 square feet (0.008-acre) of WOTUS. The proposed construction and access methodology includes temporary placement of one-hundred four (104) 24-inch diameter round steel pilings, installed via vibratory hammer, to support concrete bents during construction, with ninety (90) of the metal piles placed below the MHWL; and, the temporary erection of a steel construction trestle, set on another eighty-two (82) 24-inch diameter steel pipe piles, installed via vibratory hammer, with eighty (80) of the metal piles placed below the MHWL; installation of these piles would temporarily impact 534 square feet (0.01-acre) of WOTUS. Proposed work would also be performed from construction barges operating, from fixed or mobile positions, within navigable waters immediately surrounding the pier, temporarily impacting an approximate 250,000-square-foot (5.7-acre) area of WOTUS.

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 pier would be rebuilt in the same historic location as it has been sited since 1888 and has been designed to overlay the previously existing pier footprint where possible. In meeting the project purpose to enhance capacity and function, the new pier is proposed to have a larger deck area, although fifty-one (51) fewer permanent pilings would be placed within WOTUS; these slightly larger piles result in a 25% area increase of permanent in-water impacts over the previous structure. The overall length of the pier would extend no further waterward of the MHWL then the previous pier did. Construction Best Management Practices (BMPs) and turbidity curtains would be utilized during all in-water construction activities. The temporary trestle system is proposed to minimize work from barges.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:  No mitigation is offered for the proposed work as no submerged resources are being impacted. There are no seagrasses or hardbottom within the footprint of the project area. The current surface area that is available to benthic resource colonization (pier piles), are being removed as part of the proposed work, and will be replaced with slightly larger piles providing more surface area for re-colonization.

CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 proposal may affect the Green Sea Turtle (Chelonia mydas), Kemp’s Ridley Sea Turtle (Lepidochelys kempii), Loggerhead Sea Turtle (Caretta caretta), Hawksbill Sea Turtle (Eretmochelys imbricata), Leatherback Sea Turtle (Dermochelys coriacea), Smalltooth Sawfish (Pristis pectinata), Giant Manta Ray (Mobula birostris), and West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps will request initiation of formal consultation with the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) pursuant to Section 7 of the Endangered Species Act by separate letter.  

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the NMFS Habitat Conservation Division (HCD) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 0.31-acre of unconsolidated bottom and up to 5.7-acres of water column utilized by various life stages of marine species. 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 structure is not located in the vicinity of a federal navigation channel.

SECTION 408: The Corps Regulatory Division (RD) is aware of a Corps Civil Works Project within or adjacent to the permit area and is evaluating the need for review under Section 14 of the Rivers and Harbors Act (33 USC 408). The final determination relative to if the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project is subject to review through internal coordination.

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.

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.

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.

WATER QUALITY CERTIFICATION: WQC is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0157689-004-JC.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 Blvd, Suite 310, Fort Myers, Florida 33919, or to the project managers’ email below, within 15 days from the date of this notice, or by June 4, 2024. Any agency or individual having an objection to the work should specifically identify it as an objection with clear and specific reasons. Comments, both favorable and unfavorable, will be accepted, made a part of the record, and will receive full consideration in subsequent actions on this application. Please refer to identification number SAJ-1994-05286 in any correspondence concerning this project. Questions concerning the application should be directed to the project manager, Marena D’Orio, at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Fort Myers, FL 33919; by email at marena.a.dorio@usace.army.mil; or, by telephone at (239) 986-2755. 

Comments postmarked after the expiration date of this public notice or received by email after the expiration date, will not be considered. Comments left on our voicemail system will not be considered. It is presumed that all interested parties and agencies will wish to respond to public notices; therefore, a lack of response will be interpreted as meaning that there is no objection to the proposed project.

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.