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). The purpose of this public notice is to solicit comments from the public regarding the work described below:
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Michael.l.taylor@usace.army.mil
APPLICANT: Rose Marina
951 Bald Eagle Drive
Marco Island, FL 34145
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Factory Bay. The project site is located at 951 Bald Eagle Drive in Section 16, Township 52 South, Range 26 East, Marco Island, Collier County, Florida, latitude 25.962714° and longitude -81.727503°.
EXISTING CONDITIONS: The project site is an existing and operational marina with one-hundred forty-four (144) dry slips and one-hundred twenty-six (126) wet slips.
The wetland system consists of a saltwater open water lagoon system. The existing area surrounding the project area consists of a mix of residential and commercial developments.
PROJECT PURPOSE:
Basic: Improvements to existing marina
Overall: Minor improvements to include new seawall, floating dock, dry slips, and overwater restaurant at existing marina in Marco Island.
PROPOSED WORK: The applicant seeks authorization to install/repair nine-hundred twenty-four (924) linear feet of existing seawall no greater than 18 inches waterward of the existing seawall. Increase size of overwater restaurant to 55 feet by 85 feet. Remove two finger piers from the northeastern most dock and remove a finger pier in the basin, total overwater structure removed = 1,376 square feet. Install within the existing basin - a floating dock on the south side of the basin where a finger dock is being removed, measuring 90 feet by 6 feet (540 square feet). Install floating docks surrounding the restaurant:
2 docks measuring 51 x 5 (one north of restaurant and one south)
1 dock connecting the north and south docks measuring 90 x 5
2 40 x 5 finger piers
1 35 x 5 finger pier
1 29 x 5 finger pier coming from the seawall
3 gangways attaching the floating docks to the seawall
Outside the existing basin, install a marginal dock measuring 185 feet (130 feet + 55 feet) by 10 feet (1,850 square feet) and 4 finger piers measuring 25 feet by 4 feet (400 square feet total). At the updated forklift launch, install 2 floating docks measuring 5 feet by 64 feet (320 square feet) and 2 cantilevered wooden docks measuring 64 feet by 2 feet with a 3 foot by 7 foot platform on the terminal end of each (170 square feet). Also move 12 floating personal watercraft dry slips from the outer basin to the inner basin area. The number of wet slips will be reduced from 126 to 122. The number of dry slips will be increased from 144 to 272 with the addition of 128 new dry slips. A total of 144 pilings will be installed during construction, 48 with a 10-inch diameter and 96 with a 12-inch diameter.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
The applicant will utilize turbidity barriers during all 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 evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), the USACE National Regulatory Viewer, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, 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 is initiating consultation with the National Marine Fisheries Service concurrent with this public notice.
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 >K> N > O >P > 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.
This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 4,675 square feet of unconsolidated substrate due to expansion of the overwater restaurant and 144 square feet of unconsolidated bottom due to installation of 144 new wood pilings. The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages: Sandbar Shark – Adult, Coastal Migratory Pelagics – All, Red Drum – All, Lemon Shark – Juvenile, Shrimp – All, Reef Fish – All, and Blacknose Shark (Gulf of Mexico Stock) – Neonate.
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 or 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 of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: WQC is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0143569014.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. The project is being reviewed under FDEP application no. 0143569014.
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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has been verified by Corps personnel.
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. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
The Jacksonville District will receive written comments on the proposed work, as outlined above, until August 25, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Michael Taylor at Michael.l.taylor@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Michael Taylor, Fort Myers Permits Section, 1520 Royal Palm Square Blvd, Suite 310, Fort Myers, Florida 33919. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
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