Public Notice Notifications

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SAJ-2019-00268 (SP-KRD)

Published Dec. 9, 2019
Expiration date: 12/30/2019
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) and Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT:
Dustin DeNunzio
Madeira Beach Project, LLC
305 Cambridge Street, Suite 3
Cambridge, Massachusetts 02141

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Boca Ciega Bay. The project site is located at the current Holiday Isle Resort Marina at 555 150th Avenue, Section 9, Township 31 South, Range 15 E, in Madeira Beach, Pinellas County, Florida.

Directions to the site are as follows: From Interstate 275 (I-275) South, go across Tampa Bay, merge onto FL-694 West via EXIT 28 Gandy Blvd towards Pinellas Park. Turn left onto Seminole Boulevard/US-19 Alternate and continue to follow US-19 Alternate S/FL-595. Merge on FL-666 via the ramp on the left towards US-19 S/St. Petersburg. Make a U-turn on 150th Ave FL-666 and follow to the project location at 555 150th Avenue, Madeira Beach, Florida 33708.

APPROXIMATE CENTRAL COORDINATES:
Latitude 27.805245
Longitude -82.794736

PROJECT PURPOSE: To construct a new marina to serve upland commercial activities.
Basic: To construct a commercial marina.
Overall: To construct a new marina to serve upland commercial activities in Madeira Beach, Pinellas County, Florida.

EXISTING CONDITIONS: The wetland system consists of a saltwater system associated with Boca Ciega Bay. There is no onsite vegetation as the property already operates as a marina with an existing seawall and 69 boat slips and a large boat house structure. The existing area surrounding the project area consists of other marina facilities to the west, a federal navigation channel to the east, and FL-666 to the north.

PROPOSED WORK: The applicant seeks authorization to remove all existing structures and 69 wet boat slip areas and to construct new fixed and floating docks with 100 new wet boat slips in association with proposed commercial marina improvements at the existing Holiday Isle Resort Marina (to be renamed) located at 555 150th Avenue, Madeira Beach, Florida. There are no proposed dry slips or upland boat storage units proposed. The marina improvements will include:
1. Complete removal of all existing dock structures and the existing boat house.
2. Installation of 25,516 square feet (SF) (0.60-acre) of new fixed and floating dock structures and the creation of 100 boat slips which will host 35-151 foot long vessels. The construction will require the installation of 945+/- 12-inch diameter wood and concrete via vibratory hammer methods.
3. Maintenance dredging of approximately 6,123 SF (0.14-acre) and 41 cubic yards (CY) of subaqueous bottom to a depth of -3.0 feet MLW along the existing seawall via mechanical dredge methods with upland disposal.

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: The project has been designed to avoid and minimize impacts by refurbishing an existing marina and relocating of coral and submerged aquatic vegetation resources. Soft coral and octocoral (sea whips and sea plumes) species located within the potential impact footprint of the proposed maintenance dredge area and dock construction area will be relocated to an adjacent recipient site. Submerged aquatic vegetation (SAV/seagrass) consists of shoal grass and various rhizophytic macroalgae. The project has been designed to avoid all impacts to seagrass (shoal grass). Some minimal or insignificant impacts may occur to rhizophytic macroalgae due to shading, installation of pilings, or along the edge of the area proposed for maintenance dredging. However, no relocation of the macroalgae is proposed. A relocation/monitoring plan and associated resource maps are included with the attached project plans.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: Compensatory mitigation is not required because the project will result in the construction of structures only which will not cause a permanent loss of aquatic resources. In order to address unavoidable impacts that may occur to hard and soft corals/octocorals found within areas subject to maintenance dredging or dock construction, the applicant is proposing to relocate them. The coral and octocoral relocation and monitoring plan and associated resource maps are included with the attached project plans.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES:

Name of ESA listed species potentially present which are managed by the U.S. Fish and Wildlife Service (USFWS):
• Piping Plover (Charadrius melodus) – Consultation Area
• West Indian Manatee (Trichechus manatus) – Consultation Area

Name of ESA listed species potentially present which are managed by the National Marine Fisheries Service (NMFS):
• Smalltooth sawfish (Pristis pectintata)
• Swimming Sea Turtles: Green sea turtle (Chelonia mydas), Hawksbill sea turtle
(Eremochelys imbricate), Kemp’s Ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle(Dermochelys coriacea), and/or Loggerhead sea turtle (Caretta caretta).

Designated Critical Habitat (DCH): There is no DCH within or adjacent to the project area.

Effect Determinations:

Piping Plover - The project area is located within the Piping Plover Consultation Area, however, the Corps has determined that this project will have no effect because the project is located at an existing marina which does not support beach habitat, so no further consultation with USFWS will be conducted.

West Indian Manatee - The project is located within Manatee consultation area. Use of the 2013 Manatee Key and 13 May 2019 Addendum resulted in a determination that the proposed project “May affect” (MA) the endangered West Indian manatee (A>B>C>G>H>IJ>L>M=MA) because the proposed 100 boat slips exceeds the residential dock density guidelines. There is only approximately 1600=+/- linear feet of shoreline within the project area, which would only allow for 17 boat slips. The Corps will request U.S. Fish and Wildlife concurrence with this determination under a separate consultation request pursuant to Section 7 of the Endangered Species Act.

Smalltooth sawfish and Swimming Sea Turtles - The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017, but found the project did not comply with JAXBO since the number of proposed boat slips exceed the maximum of 50 slips covered by this opinion. Based upon existing conditions of the marina, the existing 69 slips, and the lack of resources within the project, area the Corps has made the initial determination that the project may affect, but is not likely to adversely affect (MANLAA) the Smalltooth sawfish and swimming sea turtles. Therefore, the Corps will request initiation of informal consultation with National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.

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 impact approximately 0.60-acres of tidal vegetated and unvegetated subaqueous bottom utilized by various life stages of: Postlarval, juvenile and subadult shrimp; Postlarval, juvenile and adult red drum; Postlarval, juvenile and adult gray snapper; juvenile red and gag groupers; and juvenile and adult yellowtail and lane snappers. A submerged resource survey (attached) was conducted June and August 2019 which identified a small, dense bed of shoal grass at the northwest extent of the project area and noted that soft corals (sea whips and sea plumes) were dominant in the project footprint. The Applicant has proposed to translocate these resources prior to the commencement of work. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Boca Ciega Bay. 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 to date.

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 or preferably by email to Katy.R.Damico@usace.army.mil 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, Katy Damico, in writing by U.S. Mail at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302; by electronic mail at Katy.R.Damico@usace.army.mil ; or, by telephone at (813) 769-7076.

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. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the 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.