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SAJ-2012-01853 (SP-LEO)

Posted: 3/6/2018

Expiration date: 4/6/2018

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: Orion Marine Construction
c/o Andrew Mannino
5440 W Tyson Ave
Tampa, FL 33611

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Old Tampa Bay. The project is located at the Orion Marine Group Tyson Yard located at 5440 W. Tyson Ave, Tampa in Section 08, Township 30 South, Range 18 East, Hillsborough County, Florida

Directions to the site are as follows: From I-275 exit on to US-92 heading south, turn right onto Gandy Blvd, turn left onto S West Shore Blvd, and turn right onto West Tyson Ave. Proceed to the end of the road to arrive at 5440 W Tyson Ave.

Latitude 27.884037°
Longitude -82.539199°


Basic: Bulkhead replacement and maintenance dredge.
Overall: Replacing and realigning existing bulkhead, removing existing piers, and dredging in old Tampa Bay.

EXISTING CONDITIONS: The project site is an active staging/barge loading yard for a marine construction company. Historical imagery shows the entire project site is constructed on fill that was placed into Tampa Bay in the early 1970’s. Per the Florida Land Cover Classification Systems (2004), the project site is classified as “Industrial” and “Bays/Estuaries.” The shoreline is currently hardened with scattered rip rap and bulkheads. There are no wetlands upland of the existing vertical bulkheads. Along the southern shoreline the bulkhead has 3 load cells that extend outward from the rest of the wall and are approximately 50’x50’. To the west of load cell 1 is a series of 3 concrete breaker walls that extend 1 to 2 feet above the bottom. The eastern shoreline contains 4 piers (2 steel sheet pile piers, 1 wooden dock, and 1 metal grated pier). The depths surrounding the piers range from -14 MLW at the most southern pier to -4 to -5 MLW at the most northern pier. Water depths at the load cells are approximately -8 to -10 feet MLW, with the bottom sloping down to a bottom elevation of -20 MLW. Along the eastern shoreline bottom elevations range from -1 to -10 MLW. Waters are classified as estuarine: subtidal with an unconsolidated bottom (Cowardin et al. 1979)

A benthic survey conducted on July 22, 2016 revealed submerged lands in the project foot print included rip rap, shell hash, soft, sandy bottom, and oysters scattered throughout the project foot print. Small patches of submerged aquatic vegetation (SAV) were identified outside of the project foot print along the northern sections of the eastern seawall. These areas of SAV will not be affected by project activities. No SAV was found within the project foot print.

PROPOSED WORK: The applicant seeks authorization to replace and realign an existing sheet pile bulkhead that has reached the end of its useful life, and maintenance dredge the berthing area in front of bulkhead. Work includes installing 894 linear feet of bulkhead, filling in 0.54 ac below the MHWL behind the bulkhead, removing 3 existing docks/pier, and dredging 2.86 ac of previously dredged bay bottom in front of the existing loading cells to a depth of -20 ft MLW.

Proposed bulkhead will be installed along the face of the existing load cells and tied into the uplands on both east and west ends of the project site. The bulkhead will be placed just waterward of the existing load cells. The sheet piles will be installed via vibratory hammers and driven to the designed tip elevation with an impact hammer. Work will take place from a single floating barge.

The realignment of the bulkhead will involve back filling 0.54 ac to create a linear wharf as opposed to the current design with the 3 load cells that extend out into the deeper water and are utilized for berthing during barge loading/unloading. Onsite dredged material will be used for back fill and additional clean fill will be imported from offsite to bring the area behind the bulkhead to an elevation even with the surrounding uplands. On the eastern end of the bulkhead, one wooden dock, one metal grate dock, and a concrete pier will be demolished.

Proposed dredging will be limited to the berthing area in front of the bulkhead and daylight at the existing elevation of -18 ft NAVD. Dredging will be conducted via clamshell from a barge and turbidity will be controlled with the use of floating turbidity barriers. Turbidity monitoring will be conducted as per the permit criteria during construction activities. Dredged material will be placed behind the proposed bulkhead and utilized as fill material. Dredging is only proposed in areas void of sea grasses.

Upon completion of proposed bulkhead installation and maintenance dredging, fenders will be added to the new bulkhead to maintain a minimum 4’ of standoff for berthing. All construction materials will be brought to the construction site and stock piled in uplands.

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 current proposed layout represents the minimal usable design for the facility. The impacts were reduced from the initial design by changing the plans to include the abandonment and demolition of 3 piers located along the eastern shoreline in waters that would have required dredging of 0.54 acres of shallow bottom to utilize these areas for commercial operations. By not including these areas in the dredging, 2,919 sq ft of seagrass (identified during the benthic survey) can be avoided.

During construction, turbidity curtains will be used as necessary to maintain State Water Quality standards. Filling will take place behind the proposed bulkhead which will contain the turbidity from fill. No fill material will be placed into the open water column.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The minor functions provided by the existing shallow unvegetated bottom between the existing load cells will be mitigated with the purchase of credits from the Tampa Bay Mitigation Bank. The removal of the three existing docks will improve the existing bottom habitat by removing shading of submerged lands.

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 will have “no effect” on the endangered Wood Stork (Mycteria americana): Use of the 2010 Wood Stork Effect Determination Key yielded the following progression: A: “no effect.” The action area is within 8 miles of a Wood Stork Nesting Colony, but does not contain suitable foraging habitat (SFH) for the species.

The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the Manatee (Trichechus manatus). The Corps will request U.S. Fish and Wildlife 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” Swimming sea turtles, the Gulf sturgeon (Acipenser oxyrhinchus desotoi), Green sea turtle (Chelonia mydas), Loggerhead sea turtles (Caretta caretta), Hawksbill sea turtle (Eretmochelys imbricate), Kemps ridley sea turtle
(Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and Smalltooth sawfish (Pristis pectintata). 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 2.86 acres of waters classified as estuarine: subtidal with an unconsolidated bottom. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in 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: 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, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610 within 30 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, Leanne Obra, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Leanne.e.Obra@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7071.

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, 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 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. 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.

Hillsborough County Jacksonville District permit public notice U.S. Army Corps of Engineers USACE