SAJ-2023-00952 (SP-JPF)

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). 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 john.p.fellows@usace.army.mil.

APPLICANT:   City of Punta Gorda

                         326 West Marion Avenue

                         Punta Gorda, FL 33950

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Ponce de Leon Inlet Channel and Charlotte Harbor. The project site is located south of the City’s existing dredged material management area (the Colony Point DMMA) on the west side of Colony Point Drive in Punta Gorda Isles, and 200 feet directly west of the vacant lot at 2861 Don Quixote Drive, in Section 15, Township 41 South, Range 22 East, in Punta Gorda, Charlotte County, Florida.

Directions to the site are as follows:  From I-75, take the US-17 exit to US-17/Duncan Road, take Duncan west until it becomes Marion Avenue, take Marion to Colony Point Drive, take Colony Point south to site.

EXISTING CONDITIONS: The wetland system consists of a 90-foot-wide mangrove fringe (at the project location) landward of a 2.75-acre shallow tidal basin connected to a dredged navigation channel that connects the Punta Gorda Isles canal system on the east to Charlotte Harbor on the west. The mangroves are contiguous with an approximately 1200-acre section of the Charlotte Harbor Preserve State Park that borders the west and south sides of Punta Gorda Isles, north of Alligator Creek. The tidal basin connects to the channel on its south side. The applicant stated that based on a benthic survey performed in September 2021, there are only a few area of sparse seagrass (Halodule wrightii) in the basin. The applicant states that they have used the Colony Point DMMA for many years to handle spoil from dredging activities in the adjacent areas. The applicant also stated that they currently transport dredged material by barge to vacant lots, transfer the spoil to trucks, and then transport it to the DMMA.    

PROJECT PURPOSE:

Basic:  Provide a site with navigable access for the loading and unloading of construction barges

Overall:  Provide a site with navigable access for the loading and unloading of construction barges for the City of Punta Gorda’s seawall maintenance and maintenance dredging activities, with access to the Colony Point DMMA 

PROPOSED WORK:  The applicant requests authorization for the following activities:

The applicant seeks authorization for the following:

- The discharge of fill material into 1750 square feet (sf) of aquatic resources for the construction of a barge landing (40’ wide, 53’ long on the west side, and 19’ long on the east side), no more than 3’ below the Mean High Water Line (MHWL), with 155 linear feet (lf) of seawall and retaining wall around the landing, and approximately 710 sf of secondary impact associated with clearing mangroves along the sides of the barge landing for construction access,

- Construction of 85 lf of submerged wall (50’ on the east side and 35’ on the west side) extending waterward and then laterally to contain mangroves,

- Placement of five 12” diameter wood pilings at the waterward end of the landing as a fender system, six pilings (two sets of three) in each corner, and five fender pilings on the west side of the basin,

- Dredging of 5130 cubic yards of material to a depth of -6’ Mean Low Water to create a 35,419 sf/0.82 (0.813) acre access channel and turning basin,

- Install a 126’ sheet piling/vertical piling backstop below the existing adjacent grade to address prop wash from push boats, and

- Install pilings for channel markers for the access channels and for aids to navigation to identify the submerged/buried backstop.

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 stated that they will incorporate best management practices during all phases of construction to prevent the spread of turbidity outside of the enclosed work area. Floating turbidity curtains with weighted skirts extending to the bottom will be installed around the work zone to enclose all construction. Silt screens will be installed to manage the upland construction. All turbidity control measures will remain in place until construction is complete and turbidity levels are compliant with State standards. Turbidity will be visually monitored. Upon completion of all in-water work and turbidity levels meeting state standards, the turbidity curtains and silt screens would be removed.

The applicant also stated that the barge landing is the minimum size necessary to allow a front-end loader to move to a barge at the landing, pick up spoil material, turn 180 degrees, and carry the spoil to the adjacent dredged material management area, and that the proposed location has the least public impact, does not require a zoning change, is already owned by the City, and has less anticipated maintenance costs or longevity issues.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant proposes to use a mitigation bank to offset any unavoidable functional loss.

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, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, using the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) SERO Section 7 Mapper, 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 made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

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 0.85 acre of tidal estuarine habitat, including 0.04 acre of mangroves and 0.81 acre of subtidal habitat utilized by various life stages of federally managed species in the Gulf. The effects of the project are determined to be minimal and permanent. 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: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application No. 0434162-001.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 not 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 22, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to John Fellows at john.p.fellows@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: John Fellows, U.S. Army Corps of Engineers, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida, 33610-8302

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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