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: Bermuda Bay Associates, LLC
c/o Richard Coley
307 South Blvd, Suite A
Tampa, FL 33606
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Tampa Bay. The project site is located at the southwest corner of W Prescott Street and S Westshore Blvd in Section 17, Township 30 South, Range 18 East, Tampa, Hillsborough County, Florida.
Directions to the site are as follows: From the Selmon Expressway heading south, take exit 1B to merge onto US-92 W/W Gandy Blvd. Merge onto US 92 W/W Gandy Blvd. Turn left onto S West Shore Blvd. Turn right onto W Prescott Street. The project site is located south of W Prescott Street and west of A Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.866101°
Longitude: -82.529499°
PROJECT PURPOSE:
Basic: Multi-family housing
Overall: Construction of an apartment complex development in South Tampa, Florida
EXISTING CONDITIONS:
The upland vegetation on site consists primarily of live oak (Quercus virginiana), sand oak (Quercus geminata), saw palmetto (Serenoa repens), Brazilian pepper
(Schinus terebinthefolius), Australian pine (Casuarina equisetifolia), lead tree
(Leucaena leucocephala), rosary pea vine (Abrus precatorius), and upland grasses in the cleared areas. The wetlands on site are primarily tidal salt marsh herbaceous wetlands. Vegetation within these wetlands includes white mangrove (Laquncularia racemosa), saltwort (Batis maritima), saltgrass (Distichlis spicata), needle rush (Juncus roemerianus), saltmarsh cordgrass (Spartina alterniflora), glasswort (Salicornia spp), and other tidal herbs. The entire site was historically ditched prior to 1938. The tidal ditches contain red mangroves (Rhizophora mangle), black mangroves (Avicennia germinans), and Brazilian pepper. There are three upland cut freshwater ditches on site (Wetlands D, E, and F) that contain primarily Brazilian pepper.
A portion of the site (Parcel B), including two upland-cut non-tidal ditches, was previously cleared and filled for soil remediation due to arsenic contamination. There are only two soils mapped on the site which are Arents, nearly level and Wabasso-Urban land complex. The site has historically been impacted by ditching since at least the 1930s. The site to the west of the subject property is owned by the City of Tampa and is also undeveloped. The property to the north of the subject site is residential. To the south of the subject site lie the CSX railroad and an industrial concrete crushing facility.
PROPOSED WORK: The applicant seeks authorization to permanently fill 0.49 acre of salt marsh, 1.19 acre of tidal ditches and 0.61 acre of non-tidal ditches for the construction of an apartment complex and associated infrastructure and amenities, known as “The Pointe on Westshore.”
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following statement in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“The wetland impacts have been minimized to the greatest extent possible. The site plan has been revised by adding a floor to the apartment buildings in order to reduce the footprint in the northern portion of the site. Additionally, retaining walls are shown in the site plan adjacent to most salt water marsh impacts in order to minimize the impacts. The wetland impacts are necessary for stormwater treatment, building footprint, and parking. The building footprint is based on the number of units required for an adequate rate of return on investment.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant intends to purchase federal mitigation credits from the Tampa Bay Mitigation Bank as compensation for impacts to salt marsh and tidal ditches.
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 determined the proposed project is “not likely to adversely affect” (NLAA) the endangered wood stork (Mycteria americana). The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > NLAA pursuant to the 2008 Wood Stork Key in Central and North Peninsular Florida. No further coordination is required.
The Corps has determined the proposed project is “not likely to adversely affect” (NLAA) the eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Programmatic Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > NLAA. No further coordination is required.
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 0.49 acre of salt marsh and 1.19 acre of tidal ditches. 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 Southwest Florida Water Management District issued Environmental Resource Permit no. 43042629.000 on February 07, 2017.
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.