SAJ-2009-03807 (SP-WDD)

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 Estero Bay.  The project site is located at 10 Big Hickory Island in Section 13, Township 47 South, Range 24 East, Bonita Springs, FL, Lee Co.

Directions to the site are as follows:  From I-75 exit Bonita Beach Road and head west for approximately 8.58 miles at this point the road turns north and becomes Hickory Blvd.; continue on to Hickory Blvd for approximately 2.0 miles, at this point the road become Bonita Beach Causeway; continue on Bonita Beach Causeway for approximately 1.35 miles.  The project site is located approximately 0.30 miles to the west.  Project site is not accessible by car.

PROJECT PURPOSE:  Basic:  Ferry dock replacement.

Overall:  Replacement of ferry dock destroyed during storm event.

EXISTING CONDITIONS:  The project site was an existing and operational ferry dock that was damaged by Hurricane Ian.

The wetland system consists of a saltwater open water lagoon system.  The existing area surrounding the project area consists of a clubhouse, beach, and undeveloped/natural area.

PROPOSED WORK:  The applicant seeks authorization to replace the previously authorized dock in the existing footprint but needs to be extended further into the waterway due to conditions and depths changed from the hurricane.  The proposed fixed dock will be approximately one-hundred seventy-six (176) square feet.  The new dock will be four (4) foot wide by sixty-five (65) feet long walkway extending out to a five (5) foot by twelve (12) foot wide terminal platform.  A total of nineteen (19) twelve (12) inch wood pilings will be installed.

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:  Turbidity curtains will be utilized during all in-water construction activities.

COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:

Compensatory mitigation will not be required as the proposed project will not impact any aquatic resources.

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 nature of the project being the replacement of an existing dock in the same general footprint, 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) 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> N > O >P5 > May affect, not likely to adversely affect. This determination is partially based on the applicant following the standard manatee construction precautions for the proposed project. The Corps has concurrence with this determination from the U.S. Fish and Wildlife Service (FWS), pursuant to the Manatee Key.

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.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the project area.  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 activity is not located in the vicinity of a federal navigation channel.

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 Blvd, Suite 310, Fort Myers, FL 33919 within 15 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, William DeFrance, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Fort Myers, FL 33919; by electronic mail at William.D.DeFrance@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at (239) 334-1975. 

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. 0198498-007-EE.

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. 0198498-007-EE.

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.