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: The City of Cape Coral, Public Works Department
c/o Jordan Zamary
P.O. Box 150027
Cape Coral, Florida 33915
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Caloosahatchee River. The project site includes two locations west of Red Fish Point and one location east of Red Fish Point in Section(s) 19 and 30, Township(s) 45 and 43 South, Range 24 East, in Cape Coral, Lee County, Florida.
Directions to the site are as follows: From Interstate 75 south, take exit 131 west on Daniels Pkwy. Continue on Cypress Lake Dr (CR-876 W). Take a right onto Winkler Rd. Turn left onto College Pkwy. Continue for 0.5 miles and take ramp onto College Pkwy toward McGregor Blvd/SR-867/North landings Dr/Caloosa Y&R Club Dr. Continue onto Cape Coral Pkwy and turn left onto Coronado Pkwy. Continue on Lucerne Pkwy. Continue on Driftwood Pkwy. Turn slightly right and turn left into the Yacht Club Parking Lot.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.5404 N
Longitude -81.9491 W
PROJECT PURPOSE:
Basic: Maintenance dredging.
Overall: To maintenance dredge the Caloosahatchee River adjacent to Red Fish Point in Cape Coral, Lee County Florida.
EXISTING CONDITIONS: The Project area for the dredging activities totals approximately 11.1 acres in size and consists of the three (3) dredging locations at Red Fish Point, the staging area, and the proposed upland dredge materials disposal area. The three dredging locations for the proposed Project are situated within the Caloosahatchee River adjacent to Red Fish Point and the staging area is adjacent to the Yacht Club parking lot and boat ramp. Landforms consist of open water habitat within the dredging locations and residential and commercial developments along Red Fish Point adjacent to the proposed dredging locations. No seagrass, oyster bed, or coral resources are present within the proposed dredging locations.
BACKGROUND: Police and fire rescue vessel access, including access for emergency personnel and vehicles, from Red Fish Point into the Caloosahatchee River is currently obstructed due to sediment build-up and deposition from Hurricane Ian in 2022. Additionally, vessel access is obstructed between residential properties and Red Fish Point due to sediment build-up. Regaining vessel access to surrounding islands is critical to ensure emergency services are able to provide for these communities, due to
a lack of access via road. The City of Cape Coral is proposing to remove the accumulated sediment and restore vessel access to and from Red Fish Point.
PROPOSED WORK: The applicant seeks authorization for the maintenance dredge at three locations to -5 mean low water (MLW). Approximately 1,685 cubic yards of material would be dredged from approximately 1.4-acre of non-vegetated tidal bottoms and temporarily stored in uplands immediately west of the Cape Coral Yacht Club boat ramp to be transported to an authorized upland disposal site located 11 miles North in the northeastern corner of the City of Cape Coral. Mechanical dredging is proposed via excavator from a barge or by hydraulic method.
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 minimized the dredge footprint to the greatest extent practicable and proposed to use turbidity barriers and follow the manatee, sea turtle, and smalltooth sawfish construction conditions.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required. No compensatory mitigation is required for maintenance dredging of a previously dredged channel and there are no direct or secondary impacts to waters of the United States or special aquatic sites (i.e., wetlands or seagrass). There is no submerged aquatic vegetation in the project area and no mangroves will be impacted by the proposed work.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. 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 determined the proposal may affect, but is not likely to adversely affect, the
endangered 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 initiate ESA consultation as required with the U.S. Fish and Wildlife Service for the above listed species.
The Corps has determined the proposed project is likely to adversely affect, the Critical Habitat of endangered smalltooth sawfish (Pristis pectinata). The Corps will initiate ESA consultation as required with the National Marine Fisheries Service for 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 1.4 acres of marine habitat utilized by various life stages of Penaeid Shrimp Complex, Reef fish (various spp.), Stone Crab (Menippe mercenaria), Spiny Lobster (Panulirus argus), Migratory/Pelagic fish (various spp.), and Snapper/Grouper 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 proposed work is not located near a Federal navigation channel and lies 1,100 Feet outside of all setbacks and rights of way. The proposed work will temporarily impact the navigable capacity of the non-federal portion of the waterway; however, work will not preclude the movement of vessels within the waterway and navigation will be maintained.
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 Fort Myers Permits Section, 1520 Royal Palm Square Boulevard, Suite 310, Fort Myers, Florida, 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,
Stephen Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square
Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at
Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or,
by telephone at 239-334-1975 x0003.
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, aesthetics, 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. A permit will be granted unless its issuance is found to be contrary to the public interest.
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 in progress.
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.