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:
APPLICANT: Parker Hirons
Len-Little Harbor, LLC.
4600 W. Cypress Street, Suite 200
Tampa, Florida 33607
Parker.Hirons@lennar.com
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Tampa Bay. The project site is located at Christopher’s Watch Lane & Seagrape Drive, Ruskin, Florida 33570.
Directions to the site are as follows: Get on I-75 S, Follow I-75 S to FL-674 W/College Ave. Take exit 240B from I-75 S, Continue on FL-674 W/College Ave. Take W Shell Point Road to Christopher’s Watch Lane.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.728418°
Longitude -82.468968°
PROJECT PURPOSE:
Basic: Residential Docks
Overall: Residential Docks for water dependent single-family home development.
EXISTING CONDITIONS: The Project Site consists of single-family waterfront lots within the Little Harbor development community containing an upland retaining wall running along the man-made canal system which is tidally influenced and connected directly to Tampa Bay. The original Little Harbor development project began in the 1950s and 1960s with the creation of a man-made canal system and the construction of the Bahia Beach development, which includes the Project Site. The landward side of the retaining wall is comprised of upland habitat dominated by open land on which the single-family home lots are either built, under construction, or remain vacant. Vegetation on the vacant lots appears to be regularly mowed and is dominated by species characteristic of disturbed sites, including annual ragweed (Ambrosia artemisiifolia), beggarticks (Bidens alba), natal grass (Melinis repens), showy rattlebox (Crotalaria spectabilis), beach sunflower (Helianthus debilis), gray nicker bean (Guilandina bonduc), and Brazilian pepper.
The wetland line is considered as the face of the existing upland retaining wall, consisting of approximately ±0.17 acres of Brazilian pepper/mangrove habitat and ±0.75 acres of unvegetated open water, for a total approximate area of ±0.92 acres. Vegetation within the Brazilian pepper/mangrove habitat is limited to red mangrove (Rhizophora mangle), black mangrove (Avicennia germinans), white mangrove (Laguncularia racemosa), and Brazilian pepper (Schinus terebinthifolia) concentrated along the narrow area of shoreline adjacent to the wall where elevations are shallow enough to support colonization by these species. The presence of the mangroves is the result of natural seed dispersal from the adjacent mangrove forest located on the north side of the canal system, however, Brazilian pepper appears to have started outcompeting the mangroves in areas where the shoreline becomes wider and elevations are shallower. No seagrasses have been observed or documented within the Project Site. The shoreline quickly drops to elevations too deep to support seagrass species.
No USACE permits have been issued for the single-family residential parcels identified in this project, as there are no wetlands or surface waters present within the construction footprint. The parcels are wholly located on uplands that were created as part of an extensive dredge and fill operation in Tampa Bay in the 1950s and 1960s as mentioned above. Further, the residential docks were not included in the overall project plan, with the assumption that docks would be responsibility of the individual homeowners should they choose to have a dock.
PROPOSED WORK: The applicant seeks authorization to construct approximately 95 private single-family docks and their associated structures (i.e. boat lifts) within an existing master planned residential community. The project has 10 different dock designs to accommodate the different lot configurations and property owner’s needs. Some lots can accommodate several different dock designs and others can only accept one specific design.
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:
All proposed work will result in temporary wetland impacts only. No permanent dredge or fill is being proposed and the project will not result in permanent wetland impact or loss of wetland habitat. Therefore, no wetland mitigation is proposed for this project. During installation, required turbidity control measures, such as floating turbidity curtains, will be used at each individual dock location to prevent turbid water discharge from the construction area. To minimize disturbance to mangroves, the proposed dock locations were strategically placed within each lot such that disturbance to the mangroves will be minimized to the greatest extent possible.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The project is regulated under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). No compensatory mitigation required.
CULTURAL RESOURCES:
The Corps has determined the permit area has been created within the last 50 years there is little likelihood of impact upon a historic property.
ENDANGERED SPECIES:
The U.S. Army Corps of Engineers (Corps) has determined the project “May affect, not likely to adversely affect” the West Indian manatee (Trichechus manatus). 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>L>M> May Affect). Per Key stipulation, informal consultation with FWS is required, and will be done through a separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata), green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), and Kemp’s ridley sea turtles (Lepidochelys kempii). The Corps will initiate programmatic consultation via e-mail with National Marine Fisheries Service- Protected Resources Division. The Corps will provide certification that the project will be implemented in accordance with the Project Design Criterion (PDC) and certification that the net effects are consistent with those anticipated in the programmatic consultation document.
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 not impact any seagrasses or hardbottom, and would only temporarily impact mangroves through minor trimming for dock access to open water areas. Our initial determination is that the proposed action would not have an adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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.
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.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 within 21 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, Ryan Hendren, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302; by electronic mail at Ryan.G.Hendren@usace.army.mil or, by telephone at 813-769-7075.
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. A permit will be granted unless its issuance is found to be contrary to the public interest.
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.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.