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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

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SAJ-2004-05403 (SP-CSH)

Published April 4, 2017
Expiration date: 4/25/2017

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: Loggerhead St. Pete LLLP
Attn: Raymond Graziotto
630 Maplewood Drive, Suite 100
Jupiter, Florida 33458

WATERWAY AND LOCATION: The project would affect waters of the United States associated with a manmade basin adjacent to Frenchman’s Creek and Boca Ciega Bay. The project site is located at the Loggerhead Marina, 5821 32nd Way South, in Section 11, Township 32S, Range 16E, St. Petersburg, Pinellas County, Florida.

Directions to the site are as follows: From I-275S to 54th Avenue S in St. Petersburg. Take exit 17 from I-275S. Continue onto 54th Avenue S. Take 31st Street S to 32 Way South.

APPROXIMATE CENTRAL COORDINATES:
Latitude 27.71323°
Longitude -82.67914°

 

PROJECT PURPOSE:
Basic: Marina
Overall: Construct additional wet slips within the existing Loggerhead Marina for use by the upland mixed use development.

EXISTING CONDITIONS: The site is a manmade basin designed to accommodate recreational vessels. The substrate consists of unconsolidated sandy bottom with fine silts. No seagrasses, oyster beds, or any other types of protected aquatic vegetation are present within the basin. Water depths range from 5-feet to 10-feet deep. The distance from the facility to the nearest navigation channel is approximately 1 mile. The facility is located in a densely populated area of marinas, hotels, condominiums and single family homes. The existing conditions at the facility are a marina with 330 high/dry and 121 wet slip storage and multi-family residential buildings with wet slips for private recreational use.

A Corps permit was issued on June 15, 2005 that authorized construction of the marina with 330 high/dry slips and reconstruct 161 wet slips. Loggerhead St Pete, LLP acquired the property out of foreclosure in 2008. At the time of purchase, the marina facility with high and dry storage had been constructed in its configuration of 330 dry slips and 121 wet slips were built for the adjacent upland future development. A second permit was issued on March 29, 2009 that authorized construction of the remaining 40 wet slips. For different reasons including economic factors and an unknown future of the upland development, the 40 slips were never constructed and permits expired. The remaining 40 slips are the subject the current application and consist of wet slips numbered 37-48 and 61-88.

PROPOSED WORK: The applicant seeks authorization to construct 20 wooden piers and 40 boat lifts supported by timber pilings. Each pier is 41-feet long and 3-feet wide, with the exception of three piers (slips 43-48) which are 51-feet long and 3-feet wide. Small flares are proposed to be added where each pier meets the shoreline.

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: There are no seagrass beds or protected resources within the marina basin that will be negatively impacted by the proposed work. Work will occur during daylight hours and favorable weather conditions. Construction will be staged landside but will include the use of a shallow draft barge moored within the marina.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The project is located within an existing permitted marina facility. No protected aquatic resources have been documented within the marina or are proposed to be impacted by the project. Thus, no compensatory mitigation is proposed.

CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Smalltooth sawfish, or three species of swimming Sea Turtles. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposal may affect the West Indian Manatee (Trichechus mantus). Since the proposal by the applicant is for in-water construction, 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 (Key), dated April 2013. Use of the Key resulted in the following sequential determination: A-B-C-G-H-I-J-L-M-“May Affect”. 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.

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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Frenchman’s Creek or 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.

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 within 21 days from the date of this notice. For electronic mail (preferred) submit comments to Caitlin.S.Hoch@usace.army.mil. For standard mail submit comments to 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302. Please reference this permit number, SAJ- 2004-05403 (SP-CSH), on all submittals.

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, Caitlin Hoch, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Caitlin.S.Hoch@usace.army.mil; by fax at (813)769-7061; or, by telephone at (813)769-7074.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

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 of 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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.