SAJ-2007-04986 (SP-MAO)

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 aquatic resources associated with the Caloosahatchee River.  The project site is located at 1300 Lee Street in Section 13, Township 44 South, Range 24 East, Fort Myers, Lee County, Florida.

Directions to the site are as follows:  From the Fort Myers Regulatory Office, travel west on Royal Palm Square Boulevard to McGregor Boulevard. Turn right and head north for 3.4 miles. Turn left on Wilna Street and right on to W First Street. Turn left on Heitman Street and continue on to Edwards Drive. Travel 0.3 miles and turn left on to Lee Street. The project site is at the end of the road against the Caloosahatchee River.

PROJECT PURPOSE:  Basic:  The basic project purpose is the reconstruction of an existing public marina.

Overall:  The overall project purpose is the reconstruction and reconfiguration of an existing public marina in central Lee County.

EXISTING CONDITIONS:  The project site is a dilapidated marina destroyed by Hurricane Ian in 2023. Sunken vessels and dock structures remain within the marina basin. A benthic survey conducted in July 2023 indicated no important submerged aquatic resources were identified. The wetland system consists of a saltwater system.  The southwest shoreline is fronted by 735 LF of red mangroves, which have trapped debris within their root system, but otherwise appear healthy. The marina is bound by downtown Ft. Myers, the Cleveland Avenue bridge, the Caloosahatchee River, and the Edison Bridge.

PROPOSED WORK:  The applicant seeks authorization to install 1,650 linear feet of steel sheet piling bulkhead; 1,652 linear feet of concrete cap; and 432 cubic yards of riprap. Additionally, a fixed concrete boardwalk is proposed waterward of the new and existing bulkheaded shoreline. The project includes placement of 35,841 cubic yards of clean fill below mean high water (MHW) and 40,872 cubic yards above MHW within 5.09 acres (221,720 square feet) of tidal waters. Maintenance dredging is proposed to remove 333 cubic yards (9,010 square feet) of dredge spoil from the south area; 1,740 cubic yards (52,680 square feet) from the middle area; and 1,221 cubic yards (32,956 square feet) from the north area. The project includes floating main and access piers (73,498 square feet) and floating wave attenuators on the marina perimeter (48,342 square feet).

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:  A marine resource survey was conducted in July 2023, during the federally recognized seagrass growing season. No seagrass or marine resources were observed at the Project site. There were no areas of the project site that could potentially provide suitable seagrass habitat due to the quality of the substrate sediment and the lack of sunlight penetration to the substrate. The Project design avoids all impacts to the 735 LF of mangroves along the southwest shoreline of the Project. The access walkway is proposed in the exact same footprint as the existing access walkway and the docks are proposed waterward of the mangrove fringe. All debris within the marina basin will be removed prior to commencement of construction and accumulated silt will be removed through maintenance dredging, thereby improving water quality.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:  No benthic resources were observed at the project site, therefore, no mitigation is required. The project aims to improve water quality at the project site through removal of accumulated silty sediment, sunken debris, and sunken vessels. Additionally, replacement of the fixed wave attenuators with floating wave attenuators and filling the landward limits of the upland cut basins will greatly improve flushing, as the existing facility does not meet State of Florida flushing requirements.

CULTURAL RESOURCES:  The Corps 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 West Indian Manatee (Trichechus manatus), smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostris), swimming sea turtles, and/or their designated critical habitats.  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. 

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 36.6 acres of unconsolidated sediment 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 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: The proposed structures and activities are located in the vicinity of a federal navigation 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 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, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Michael Ornella II, in writing at the Fort Myers Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Michael.Ornella@usace.army.mil; or, by telephone at (904)232-1498. 

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.

WATER QUALITY CERTIFICATION:  Water Quality Certification may be required from the Florida Department of Environmental Protection. The project is being reviewed under FDEP application number 156698-024.

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.