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:
APPLICANT: Hallie Girardeau
Naples Yacht Club, Inc.
700 14th Ave S
Naples, FL 34102
WATERWAY AND LOCATION: The project would affect onsite waters associated with Naples Bay. The project site is located at the Naples Yacht Club, 700 14th Avenue South, Naples, Section 10, Township 50 South, Range 25 East, Collier County, Florida, 34102.
Directions to the site are as follows: From I-75 South take the Golden State Parkway exit west. Turn left onto 9th St. N and head south. Turn right onto Broad Ave. S and head west. Tur left onto 7th St. S and head south. This will dead end into 14th Ave. S and the project site will be on your left.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.130673°
Longitude -81.793587°
PROJECT PURPOSE:
Basic: The basic project purpose is to improve vessel mooring.
Overall: The overall project purposed is to improve vessel mooring at an existing marina in Collier County, Naples, Florida.
EXISTING CONDITIONS: The existing conditions consist of open waters associated Naples Bay. There is no known onsite vegetation or submerged aquatic resources. The surrounding project area consists of mixed use residential lots and commercial development.
PROPOSED WORK: The applicant seeks authorization to alter the original marina footprint. The total slip count would be reduced from 85 wetslips to 75 wetslips and the floating dock square footage would be increased from 17,823 (0.409-acre) to 29,085-square-feet (0.668-acre). The marina will also include two new covered dock sections to provide shade for patrons as well as enhance workspaces for marina staff.
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 renovation and sediment control measures have been planned and designed to avoid environmental impacts, and all works (pile driving and shading) will maintain a substantial offset from any outside resources.
Where temporary construction impacts are unavoidable, every effort will be made to minimize impacts to water quality and aquatic resources. The work will be performed according to, and will comply with, all requirements and conditions of the permits. Floating turbidity barriers will be implemented throughout all bottom-disturbing activities for the duration of construction.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“As the impacts associated with the proposed construction are temporary and minor, no mitigation is 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 area having been extensively modified by previous work, subjected to heavy use over the years, and impacts occurring only within open water that retain little likelihood for the occurrence of intact archaeological deposits, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES:
The Corps has preliminarily determined the proposed project may affect; not likely to adversely affect the Green sea turtle (Chelonia mydas), Loggerhead sea turtle (Caretta caretta), Kemp’s Ridley sea turtle (Lepidochelys kempii), Smalltooth sawfish (Pristis pectinata), and the Giant manta ray (Mobula birostris). The Corps will request initiation of consultation with the National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has also determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus). Since the proposal by the applicant is for in-water construction, potential impacts to the manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequential determination A > B > C > G > H > I > J > K > N > O > P1, May affect, not likely to adversely affect. The Corps has received concurrence with this determination from the U.S. Fish and Wildlife Service pursuant to the Manatee Key, and no further consultation is required.
The Corps has determined the proposed project is located within potential suitable habitat and/or consultation areas for the following species: American crocodile (Crocodylus acutus), Bartram's hairstreak Butterfly (Strymon acis bartrami)
Crested caracara (Audubon''s) (Caracara plancus audubonii), Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Eastern indigo snake (Drymarchon couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida bonneted bat (Eumops floridanus), Florida leafwing Butterfly (Anaea troglodyta floridalis), Florida panther (Puma concolor coryi), Florida prairie-clover (Dalea carthagenensis floridana), Green sea turtle (Chelonia mydas), Gulf sturgeon (Acipenser oxyrinchus desotoi), Loggerhead sea turtle (Caretta caretta), Miami Blue Butterfly (Cyclargus thomasi bethunebakeri), Piping Plover (Charadrius melodus), Puma (Puma concolor), and rufa red knot (Calidris canutus rufa). Due to project impacts consisting of in-water impacts, is not nearing nesting beaches, and is outside of native habitat for the above species, the Corps has determined the proposed project will have no effect on the above listed species.
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 approximately .668 acres of estuarine habitat utilized by various life stages of tiger shark, great hammerhead shark, blacknose shark, nurse shark, bonnethead shark, bull shark, blacktip shark, sandbar shark, shrimp, reef fish, red drum, and coastal migratory pelagics. 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 applicant would 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 SAD Technical Regional Execution Center on behalf of the Fort Myers Permits Section, 100 W. Oglethorpe Ave, Savannah, GA 31401 within 21 days from the date of this notice (21 July 2024).
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, Katherine Cummins, in writing at the SAD Technical Regional Execution Center, Savannah District Office, 100 W. Oglethorpe Drive, Savannah, GA 31401; by electronic mail at Katherine.L.Cummins@usace.army.mil; by; or, by telephone at (912) 724-8978.
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 (FDEP). The project is being reviewed under FDEP Application No. 165632-012.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. The project is being reviewed under FDEP Application No. 165632-012 and Lease No. 111309785.
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.