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/or 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.Ornella@usace.army.mil.

APPLICANT: David Filler

                         Suntex Marinas, LLC

                         17330 Preston Road

            Dallas, TX 75252

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.

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.

PROJECT PURPOSE:

Basic:  The basic project purpose is the reconstruction and reconfiguration of an existing public marina.

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

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 40,787 cubic yards above MHW within 5.06 acres (220,413 square feet) of tidal waters. Maintenance dredging is proposed to remove 53,145 cubic yards (843,367 square feet) of dredge spoil from the areas adjacent to the proposed marina facilities. The project includes floating main and access piers (104,224 square feet), floating wave attenuators on the marina perimeter (2,265 square feet), floating finger piers (19,755 square feet), and 12 fixed access platforms (1.008 square feet). The structures will be supported by 28, 14-inch concrete pilings, 593, 24-inch steel guide piles, and 236, 12-inch wood pilings.

AVOIDANCE AND MINIMIZATION: 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. The applicant has also scaled down the amount of fill proposed to open waters to limit the encroachment on the Federal channel and reduce conversion of waters to uplands.

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, federally recognized tribes 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: 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 24.42 acres of unconsolidated sediment utilized by various life stages of the species listed in Table 1 below.  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.

Table 1. EFH Species Potentially Present in the Project Area

NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel. The project has been coordinated with the Corps Navigation Section to ensure proper setback from the channel.

SECTION 408: The applicant will 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 alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the South Florida Water Management District (SFWMD).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SFWMD. 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. 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 October 13, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Michael Ornella at Michael.Ornella@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Michael Ornella II, 701 San Marco Boulevard, Jacksonville, FL 32207.  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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