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: Yacht Center Land Company, LLC
c/o James Bridges
1626 Ringling Blvd, Ste 400
Sarasota, FL 34236
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Whitaker Bayou. The project site is located at 1701, 1715 and 1889 N Tamiami Trail, Sarasota, in Section 13, Township 36 South, Range 17 East, Sarasota County, FL 34236.
Directions to the site are as follows: From I-75, take the Fruitville Road (SR 780) exit west and continue west on Fruitville Road. Turn right (north) onto US 41 (Tamiami Trail). The site is located on the left at 1701, 1715 and 1889 N Tamiami Trail.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.353534°
Longitude: -82.548915°
PROJECT PURPOSE:
Basic: Marina reconfiguration
Overall: Marina reconfiguration to accommodate upland condominium development in Sarasota, Florida
EXISTING CONDITIONS: The project is located at an existing marina in Whitaker Bayou. The marina contains approximately 800 linear feet of armored shoreline with an approximately 350 square foot boat basin and 285 square feet of existing docks. The application states that the project area does not support submerged aquatic vegetation. The project site is surrounded by mostly single-family residences.
PROPOSED WORK: The applicant seeks authorization to perform the following work in waters of the U.S.: Remove existing docks; maintenance dredge 2800 cubic yards of silt and organic material from 1.45 acres of Whitaker Bayou to a depth of -5.0 feet Mean Low Water; install twenty-four (24) 3 foot wide by 25 foot long wood finger piers and 142 wood mooring piles to support 47 vessel slips along the shoreline; and reshape the existing boat basin by removing 295 linear feet of existing concrete seawall from the basin, dredging 375 cubic yards from 0.03 acre of the basin, filling 0.07 acre of the basin with 925 cubic yards of fill, and installing 182 linear feet of vinyl sheetpile seawall and concrete cap. 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 applicant states that the project area does not support submerged aquatic vegetation, so no impacts are proposed.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant states that the project area does not support submerged aquatic vegetation, so no impacts are proposed.
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:
The Corps has made the determination of “may affect, not likely to adversely affect” (MANLAA) for the West Indian manatee (Trichechus manatus) pursuant to the Effect Determination Key for the Manatee, dated April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > H > I > J > K > N > O > P1 > MANLAA. This determination is based on the applicant following the standard manatee construction conditions for the proposed activity.
The Corps has made the determination of “may affect, not likely to adversely affect” for green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea) and smalltooth sawfish (Pristis pectinata). The Corps will request concurrence with this determination from the National Marine Fisheries Service-Protected Resources Division 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 1.5 acres of submerged bottom in Whitaker Bayou. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in Sarasota Bay or 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: The project is under review at the Southwest Florida Water Management District (Application no. 728939).
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.