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: ZF Development II, LLC
c/o Kyle Clayton, Vice President
2001 Summit Park Drive, Suite 300
Orlando, FL 32810
WATERWAY AND LOCATION: The project is located in Old Tampa Bay at 7616 West Courtney Campbell Causeway, in Sections 13 & 14, Range 17, Township 29, Tampa, Hillsborough County, Florida.
Directions to the site are as follows: Take I-75 South to exit 275 (I-275 South), take exit for SR-60 W, continue to exit 2A for West Courtney Campbell Causeway. After 1.5 miles, 7616 will be on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.966300°
Longitude -82.566228°
PROJECT PURPOSE:
Basic: Boating access
Overall: The applicant seeks authorization to install a private docking facility in the Old Tampa Bay in association with a residential apartment building.
EXISTING CONDITIONS: The approximate 4.7 acre upland site was previously a restaurant and parking lot, and will be a residential apartment building. The site is bordered by residential developments to the south and west, by Old Tampa Bay to the east, and by West Courtney Campbell Causeway to the north. The site consists of a vegetated shoreline of red mangroves, (Rhizophora mangle), white mangroves (Laguncularia racemose), and black mangroves (Avicennia germinans) along Old Tampa Bay. The mangroves are approximately ten feet in height, as they are currently being trimmed and maintained. The benthic community of Old Tampa Bay immediately east of the subject site consists of sand, silt, crushed shell, and seagrass. A bed of two species of seagrass, shoal grass (Halodule wrightii) and star grass (Halophila engelmannii), runs along the length of the shoreline, beginning approximately 5.0’ waterward, and extending 100’ waterward.
PROPOSED WORK: The applicant seeks authorization to install a 32-slip, 4,742 square foot wood docking facility with a 260 square foot floating dock. In order to connect the dock to the associated upland property, a 26 foot long by 4 foot wide trimmed access path through the mangroves is proposed. The access walkway will be elevated 5 feet above mean high water and contain grated decking over seagrass. The applicant proposes to establish a marked channel for ingress/egress to prevent boaters from disturbing the shallow seagrass areas. Work is proposed in accordance with the attached site plans.
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 proposed dock has been designed to avoid and minimize impacts to the aquatic environment to the fullest extent possible. In order to avoid impacts to seagrasses, the applicant has agreed to install the access pier 5.0 feet above mean high water, 4.0 feet in width, and with grated decking. The terminal dock will be located waterward of all benthic resources, and will allow for enough room for boats to safely access the dock while avoiding seagrasses. All work in shallow depths will be performed from a shallow-draft barge at high tide during the day. In order to avoid impacts to mangroves, the applicant has agreed to only trim a 26 foot by 4 foot section of mangroves, where the access dock will be located. The mangrove shoreline will remain.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has purchased 0.01 estuarine forested wetland credit at the Tampa Bay Mitigation Bank.
CULTURAL RESOURCES: The Corps has determined the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect.”
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the 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 smalltooth sawfish (Pristis pectinata), green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii) and leatherback sea turtles (Dermochelys coriacea). 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. The proposal would impact approximately 104 square feet of mangroves due to trimming for the access walkway and would traverse approximately 406 square feet of seagrass habitat. Due the avoidance and minimization measures the applicant has elected to implement, our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Tampa 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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: The project is currently under review at the Southwest Florida Water Management District.
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, FL 33610 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, Jessica Cordwell, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120 Tampa, Florida 33610, by telephone at (813)769-7067, by fax at (813)769-7061, or by electronic mail at Jessica.L.Cordwell@usace.army.mil.
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, aesthetics, 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.