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: Lennar Homes, LLC
Attn: Parker Hirons
4600 West Cypress Street, Suite 200
Tampa, Florida 33607
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Hendry and Moody Basin. The project site is located at 5001 West Tyson Avenue, approximately 1000 feet west of West Shore Boulevard, in Section 8, Township 30 South, Range 18 East, Tampa, Hillsborough County, Florida.
Directions to the site are as follows: Take I-275 south to US92, South Dale Mabry Hwy Exit (Exit 41A); Take US92, Dale Mabry Hwy south to Gandy Blvd; Turn right and go west to West Shore Blvd; Turn left and go south to Tyson Ave; Turn right on Tyson Ave and go approx. 1000 ft; The site is on the north side of Tyson Ave.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.890321º
Longitude -82.530694º
PROJECT PURPOSE:
Basic: Shoreline stabilization
Overall: Stabilize and improve the structural integrity of the existing deteriorated bulkhead within the Hendry & Moody Basin in Tampa.
EXISTING CONDITIONS: The existing bulkhead is located in an industrial marina basin. The site generally consists of seawall and deep, open water (basin) associated with the former industrial shipping use of the property. Water depths in the basin exceed 21 feet. The existing area surrounding the project area is currently a heavy industrial marine construction site. A few mangrove plants are present along the seawall alignment and consist of sparse seedlings growing on the abandoned earthen loading ramp and several larger trees growing behind a portion of collapsed seawall. Linear footage is approximately 50 feet total and area of mangrove cover is approximately 300 square feet.
PROPOSED WORK: The applicant seeks authorization to install approximately 1,100 feet of new FRP (fiberglass reinforced) sheet piles in front of the existing steel sheet pile seawall with a new anchor system and new reinforced concrete cap. Gravel filler will be placed between the walls with the top of the new cap at +6.15 NAVD (the present sheet piles are at +2.3 to +3.5 NAVD). There are two areas proposed to be excavated behind the existing seawall (see Preliminary Seawall Assessment Map, Fig. 2 for Proposed Dredge Area #2 & #3) where the existing steel sheet piles will be removed, the sandy fill excavated, and then the seawall installed. Additionally, two areas landward of the existing seawall line which will have new FRP sheet piles installed across the openings, and the void behind the new walls filled with clean sandy backfill (see Preliminary Seawall Assessment Map, Fig. 2 for Proposed Fill Area #1 and #4). The intent is to have the frontages of the 2 L-shaped seawalls to be as close to straight lines as possible. No riprap is to be placed in front of the new seawall. The total area of fill is 8,016 square feet (0.184 acres) and the total volume of fill is 3,608 cubic yards. The total area of excavation is 3,714 square feet (0.085 acres) and the total volume of excavation is 1,623 cubic yards.
The project will likely be constructed from the landward side with a vibratory hammer/crane or large backhoe. Floating turbidity curtains will be placed on the waterside of the seawalls, and staked silt fences will be placed on the landside behind the existing seawall.
There is a new concrete culvert to be extended through the existing seawall (by others) which is presently being constructed. The new seawall will connect to each side of the new concrete headwall.
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 previously permitted bulkhead replacement included riprap abutting the face of the new bulkhead. The proposed design here does not require the riprap revetment, thereby reducing the footprint of material within the existing marina basin.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:
No mitigation is required to offset the minimal adverse impacts to marine aquatic resources because the project site is nearly devoid of such aquatic resources. It is anticipated that the sessile aquatic organisms currently located on the bulkhead will re-establish themselves after construction. No mitigation was required in the previous permit.
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 > B7 > “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 the Hendry & Moody Basin. 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 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- 2005-08444 (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.