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) as described below:
APPLICANT:
Causeway Village MHC, LLC
Attn: Joseph I. Wolf
8800 North Bronx Avenue
Skokie, IL 60077
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Gulf of Mexico/ Boca Ciega Bay. The project site is located at 1375 Pasadena Avenue South, in Section 30, Township 31 South, Range 16 East, South Pasadena, Pinellas County, Florida.
Directions to the site are as follows: From I-275 South take exit 23B for FL-595 West. From FL-595 North, turn left onto 28th Street North. From 28th Street North, turn right onto 1st Avenue North. From 1st Avenue North, turn left onto Pasadena Avenue.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.755233°
Longitude -82.737477°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide access to navigable water.
Overall: The overall project purpose is to increase the available slip space available for an existing marina on Boca Ciega Bay.
EXISTING CONDITIONS: The proposed project would affect Boca Ciega Bay. The proposed project site is a waterfront mobile home community with an existing 11 slip marina. There is an existing seagrass bed lying approximately 450 west of the shoreline of the proposed project site. The applicant completed a benthic survey of the project site in 2015 which revealed that the bay bottom within the proposed work area is a mud/silt bottom that does not support mangroves, submerged aquatic vegetation, corals, and/or live hardbottom.
PROPOSED WORK: The applicant seeks authorization to expand the existing marina at the project site from 11 total slips to 35 total slips. Construction will result in a net increase in over-water square footage of 1,718 square feet. Specifically, the applicant seeks authorization to construct the following:
a 5-foot-wide by 85-foot-long addition onto the northern end of an existing marginal dock at the project site with two, 4-foot-wide by 30-foot-long finger piers constructed perpendicular to the marginal dock addition;
a 5-foot-wide by 80-foot-long access pier terminating at a 10-foot-wide by 10-foot-long terminal platform constructed perpendicular to the shoreline on the northern end of the marginal dock addition;
a 5-foot-wide by 210-foot-long access dock oriented north-south and parallel to the shoreline, and connected to the shoreline by the access pier;
five, 4-foot-wide by 30-foot-long finger piers constructed perpendicular to the access dock;
one 5-foot-wide by 35-foot-long finger constructed on the northernmost end of the access dock;
twelve cradle-style boatlifts adjacent to the finger-piers associated with the access dock;
five cradle-style boatlifts adjacent to the east side of the access dock;
six cradle-style boatlifts adjacent to the finger piers associated with the marginal dock addition; and
anchor 10 buoys to mark the outer boundaries of the seagrass bed located to the west of the proposed dock construction.
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: In order to avoid impacts to the aquatic environment the applicant selected a proposed location for the expansion that does not support mangroves, submerged aquatic vegetation, corals, and/or live hardbottom. In addition, the applicant proposes to employ proper erosion control measures and turbidity barriers throughout the proposed construction to prevent sedimentation and turbidity from escaping the proposed work area. Furthermore, the applicant proposes to mark the outer edges of the seagrass bed located immediately to the west of the project site. Lastly, the applicant has significantly reduced the scope of the proposed project to avoid impacts to the aquatic environment and navigation in the vicinity of the proposed project. The applicant initially requested authorization to expand the marina to a total of 71 slips. The Corps published a public notice for the applicant’s initial proposal on June 1, 2017. The applicant subsequently reduced the scope of the proposed expansion to a total of 35 slips. The revised design relies more heavily on structures constructed parallel to shore while the previous design relied on structures constructed perpendicular to shore. The revised design described in this public notice would increase the distance between the marina and the seagrass beds to the west of the project site. Also, the revised design would not protrude across the waterway to the same extent as the previous design. According to the applicant, the revised design would not result in a hazard to navigation at the project site.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant selected a proposed location that does not support mangroves, submerged aquatic vegetation, corals and/or live hardbottom. Thus, the applicant believes that no compensatory mitigation is warranted for the proposed project.
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. The Corps’ initial determination is that the proposed project has no potential to cause effect to any historic property. The ground disturbing activity associated with the proposed project is limited to the installation of pilings into the bay bottom. 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: The Corps has determined the proposal may affect the West Indian manatee or its designated critical habitat. Since the proposal by the applicant is for in-water construction, potential impacts to the endangered West Indian manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of this Key resulted in the following sequential determination: A→B→C→G→H→I→J→L→M (couplet 2)→may affect. The applicant elects to adhere to the Standard Manatee Conditions for In-Water Work, 2011, and the proposed project would not impact submerged aquatic vegetation. However, the proposed project involves the increase in watercraft access beyond the residential dock density defined in the Key for Pinellas County. The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined that the proposed project is not likely to adversely affect the following species: sea turtles (loggerhead, leatherback, Kemp’s ridley, hawksbill, and green); smalltooth sawfish; sturgeon (Gulf. shortnose, and Atlantic); corals (elk horn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); and designated critical habitat for, smalltooth sawfish, Gulf sturgeon, loggerhead sea turtle, and elkhorn and staghorn corals. The Corps determined that the proposed project is not likely to adversely affect these species. The Corps completed programmatic consultation with the National Marine Fisheries Service Protected Resources Division (NMFS) on these species. The NMFS provided the U.S. Army Corps of Engineers Jacksonville District’s Programmatic Biological Opinion (JAXBO), dated 20 November 2017, file 1514-22.F.4, Reference F/SER31:NMB SER-2015-17616. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida. The Corps conducted a project specific review, and received NMFS permission to utilize JAXBO for the proposed project via separate correspondence. Based on a review of the information above, the Corps has determined that it has fulfilled its responsibilities under Section 7(a) (2) of the Endangered Species Act for these species.
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 1,718 square feet square feet of bare benthic habitat with mud bottom potentially utilized by various life stages of Penaeid shrimp complex; red drum; stone crab; spiny lobster; and/or the snapper/grouper complex. 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 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, Gainesville Field Office, 2833 NW 41st Street, Unit 130, Gainesville, FL 32606 within 15 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, James Davidson, in writing at the Tampa Permits Section, Gainesville Field Office, 2833 NW 41st Street, Unit 130, Gainesville, FL 32606 by electronic mail at james.e.davidson2@usace.army.mil; by facsimile transmission at (352)264-7733; or, by telephone at (352)264-7672.
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.