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: Brian Freeman
4245 Fowler Street
Fort Myers, FL 33901
WATERWAY AND LOCATION: The project would affect waters associated with the Caloosahatchee River (C-43 Canal). The project site is located at 195 Old County Road 78, in Section 32, Township 42S, Range 29E, Hendry County, Labelle, Florida, 33935 (Parcel ID: 1-29-42-32-080-00A-006.1).
Directions to the site are as follows: From U.S. Army Corps of Engineers Fort Myers office, turn left onto Royal Palm Square Blvd, Continue on McGregor Blvd, Take FL-80 E/Palm Beach Blvd and N River Rd to FL-78, Turn right onto McGregor Blvd, Continue straight onto Dr. Martin Luther King Jr Blvd, Turn left onto Cranford Ave, Turn right onto Second St, Continue onto Seaboard St, Turn right to stay on Seaboard St, Continue onto FL-80 E/Palm Beach Blvd. Turn left onto Broadway St, Turn right onto Bay St/N River Rd, Continue onto FL-78 E, Arrive at the destination.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.770580°
Longitude: -81.438462°
PROJECT PURPOSE:
Basic: Commercial mooring for vessels.
Overall: To provide commercial mooring for vessels on the Caloosahatchee River, in Labelle, Florida.
EXISTING CONDITIONS: The project contains a vacant commercial lot on unconsolidated shoreline. The existing shoreline is eroded sand and rock fragments with a very steep drop off and exotic vegetation populating the shoreline. During numerous visits to the site for mapping resources, depths, and elevations, there were no benthic resources noted.
PROPOSED WORK: The applicant seeks authorization to create a 34-slip marina. The total overwater dock area would be 7,638 total-square-feet and in water impact area would be 122-total-square feet. The following features would be installed to create the commercial docking facility:
• Install (12) 12-inch diameter mooring pilings
• Install (150) 10-inch diameter wood dock pilings
• Install (1) 5-foot-wide by 110-foot-long upland access ramp
• Install (1) 6-foot-wide by 400-foot-long access dock
• Install (2) 5-foot-wide by 45-foot-long finger piers
• Install (4) 4-foot-wide by 30-foot-long finger piers
• Install (22) 16-inch diameter steel anchor pilings
• Install (4) 5-foot-wide by 20-foot-long aluminum gangway
• Install (4) 6-foot-wide by 45-foot-long floating finger piers
• Install (1) 5-foot-wide by 30-foot-long aluminum gangway
• Install (1) 6-foot-wide by 80-foot-long floating access dock
• Install (1) 8-foot-wide by 170-foot-long floating main access dock
• Install (5) 5-foot-wide by 30-foot-long floating finger piers
• Install (11) 4-foot wide by 4-foot-long 90-degree triangles
All work would be performed by barge and uplands and the piles would be jetted and driven into place. Construction would take 6-12 months to complete.
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 only direct impact would be from the anchor, structural, and fender pilings placed in the substrate, which is a mix of sand and mud. The access is located where exotic vegetation would be removed, with no impacts to any native plant species. There are no direct impacts that would require mitigation.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is not proposing any compensatory mitigation.
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. Even though historic resources may exist in the vicinity, the nature of the project will have no effects on adjacent historic resources. As such, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES: The Corps has determined the proposal may affect the West Indian manatee (Trichechus manatus) or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: A>B>C>G>H>I>J>L>M> “May affect”. 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.
The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s
Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO
analyzes the effects from 10 categories of minor in-water activities occurring in Florida
and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley,
hawksbill, and green); smalltooth sawfish; Nassau grouper; sturgeon (Gulf, shortnose,
and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star,
rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm);
and designated critical habitat for; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea
turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and
elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species
Act. Based on past permitting practices of the Corps and review of consultations with
similar in-water construction activities, Project Design Criteria (PDCs) were identified in
the JAXBO that typically have been applied to permitted in-water construction activities.
These PDCs ensure effects of in-water construction activities are minimal in nature and
do not result in adverse effects to listed species or to essential features of designated
CH. For this verification, the Corps conducted a project specific review to ensure that
all of the PDCs were met. In accordance with the project-specific review process
established in the JAXBO, a PDC checklist, certification that the activity meets the
applicable PDCs, and supporting documentation for the proposed activity were emailed
to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil on June 26, 2024. Therefore, the Jacksonville District satisfied the project-specific review
requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the
above-listed species and critical habitats within the NMFS purview.
Florida bonneted bat (Eumops floridanus): The proposed activity is located within the Urban Consultation Area for the Florida bonneted bat. The ESA action area lacks potential roosting and foraging habitat and therefore there is no effect to the species and further consultation is not required.
The Corps has determined that the project will have no effect on any other listed threatened or endangered species, and/or designated critical habitat.
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 0.18 acres of unconsolidated submerged bottoms utilized by various life stages of coastal migratory pelagic species, snapper-grouper complex, and lobster/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 the Caloosahatchee 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 88 feet away from the near bottom edge of the Okeechobee Waterway federal channel.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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 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, 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, Ashley Gonzalez, in writing at the SAD Technical Regional Execution Center on behalf of the Fort Myers Permits Section, 701 San Marco Blvd, Jacksonville, Florida, 32207; by electronic mail at Ashley.M.Gonzalez@usace.army.mil; or, by telephone at (904) 613-6217.
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.
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.