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 nathanial.j.palmer@usace.army.mil
APPLICANT: Robert Miller
Riviera Harbor Marina, LLC
Post Office Box 256
Boca Grande, FL 33921
AGENT: Hans Wilson
Hans Wilson & Associates, INC
1938 Hill Avenue
Fort Myers, FL 33901
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Alligator Creek. The project area is located just west of Charlotte Harbor, in 19 Section, 41 South Township, 23 East Range; at Latitude 26.888655 and Longitude -82.053799; in Punta Gorda, Charlotte County, Florida.
EXISTING CONDITIONS: The site consists of 0 wet slips, 0 dry slips and one fork truck launch location. There are existing mangroves around all proposed project locations but will not be disturbed or impacted by the proposed work. The substrate is mix of sand and shell hash with a detrital overburden.
PROJECT PURPOSE:
Basic: . To construct a new 13,589 square foot marina dredge 72,600 square feet and install 75 linear feet of riprap.
Overall: To construct a new marina in Alligator Creek that will meet local residential, commercial, and industrial development needs.
PROPOSED WORK: The applicant proposes dredging to -5’± 0.5’ MLW. The total area is 72,600 sf (1.67 ac.) in the amount of 3,742± cy of material. The work will be completed with either hydraulic dredging discharging into a Dredged Material Management Area (DMMA) before return water reaches the canal or via mechanical excavation with a barge mounted excavator that will transport the dredged material into the DMMA to dry before being trucked off site to a suitable location (landfill). In addition to the shoreline restoration, the applicant proposes additional revetment sections connecting to the existing seawall on the north side, 12’w x 34’ l (408 sf.), and the revetment to the end of the mangrove fringe on the south side, 12’ w x 41’l (492 sf.) for a total impact area of 75 linear feet. (900 sf./0.02 ac). The construction will be on a 3:1 slope on filter fabric and bedding stone using large limestone boulders. The proposed marina features a combination of fixed and floating docks, totaling 82 wet slips with varying sizes. The detailed layout includes:
- Dock A: 4’ wide x 90’ long (360 sq. ft.)
- Dock B (Finger Piers): Six piers, each 4’ wide x 45’ long (1,080 sq. ft.)
- Dock C Access: 5’ wide x combined length of 619’ (394’ + 133’ + 92’), totaling 3,095 sq. ft.
- Dock C Finger Piers: Multiple sections, including:
- One 4’ x 27’ (108 sq. ft.)
- One 4’ x 30’ (120 sq. ft.)
- Two 4’ x 40’ (320 sq. ft. overall)
- One 4’ x 32’ (128 sq. ft.)
- One 4’ x 50’ (200 sq. ft.)
- Three 4’ x 35’ (420 sq. ft.)
- One 4’ x 50’ (200 sq. ft.)
- Dock D Access: 5’ wide x 350’ long (1,750 sq. ft.)
- Dock D Finger Piers: Six piers:
- Three 4’ x 40’ (480 sq. ft.)
- Six 4’ x 35’ (840 sq. ft.)
- Dock E Access:
- One 6’ x 30’ (180 sq. ft.)
- One 8’ x 10’ (80 sq. ft.)
- Dock E Gangways: Two gangways, each 6’ x 24’ (288 sq. ft.)
- Dock E Floating: 8’ x 425’ (3,400 sq. ft.)
The total area of all docks amounts to approximately 13,049 sq. ft., covering about 0.30 acres.
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 agrees to comply with the November 2017 “National Marine Fisheries Service’s (NMFS) Recently Issued Final Programmatic Biological Opinion (Referred to as JAXBO) for In-Water Work”; The 2011 Standard Manatee Construction Conditions for In-water Construction and the Sea Turtle and Smalltooth Sawfish Construction Conditions of March 2006. The Contractor will utilize best management practices during all phases of construction to prevent the spread of turbidity into the waters of the United States. Turbidity control measures will be maintained until all construction is complete.
COMPENSATORY MITIGATION: Due to the nature of the activity there is no need for mitigation.
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 determined the proposal may affect but is not likely to adversely affect the endangered West Indian manatee (Trichechus manatus) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect but is not likely to adversely affect the threatened/endangered swimming sea turtles (Chelonia mydas, Eretmochelys imbricata, Lepidochelys kempii, Dermochelys coriacea, Caretta caretta), and the endangered smalltooth sawfish (Pristis pectinata) with designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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 Gulf of America. 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 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 (WQC) is required from the Florida Department of Environmental Protection (FDEP).
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.
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 September 19, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Nathanial Palmer at nathanial.j.palmer@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Nathanial Palmer, 400 High Point Drive Suite 600 Cocoa, FL 32164. 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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