US Army Corps of Engineers
Jacksonville District

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SAJ-2015-00643 (SP-JLC)

Published June 10, 2019
Expiration date: 7/1/2019

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:  Jeff Carter

                       Harborside Suites, LLC

                       3719 South Plaza Drive

                       Santa Ana, CA  92704

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Tampa Bay.  The project site is located at 1 Bahia Del Sol Drive, in Section 02, Township 32 South, Range 18 East, Ruskin, Hillsborough County, Florida  33570.

Directions to the site are as follows:  Take U.S. 41 South to West Shell Point Road.  Turn right onto West Shell Point Road.  Turn right onto 32nd Street Northwest.   Turn left onto Bahia Beach Blvd.  Turn left onto Bahia Del Sol Drive.

 

APPROXIMATE CENTRAL COORDINATES:  Latitude:  27.727028°

                                                                          Longitude:  -82.477289°

 

PROJECT PURPOSE:

Basic:  Shoreline restoration

Overall:  Restoration of the existing beach on the Harborside Hammerhead in Ruskin, Florida, to pre-Hurricane Irma conditions.

 

EXISTING CONDITIONS:  The existing shoreline along the Harborside Suites, LLC hammerhead is characterized by sandy shoreline comprised of fine to medium-grain sand with an average grain size of 0.40mm.  The slope on the shoreface of the beach is very flat which extends to the berm area abutting a sharp 3-4 foot scarp caused by Hurricane Irma.  There is a jetty located at the south end of the shoreline.  The upland portion of the parcel was created with fill prior to 1965 and generally consists of cabbage palms and nonnative exotic plants, such as Australian Pines.

 

PROPOSED WORK:  The applicant seeks authorization to discharge 225 cubic yards of beach compatible sand over 0.21 acre below the annual high tide line at a 4:1 vertical slope to restore 1,160 linear feet of shoreline to pre-Hurricane Irma conditions.  Proposed fill material is beach compatible sand of similar grain size and coloration to the existing beach sand, obtained from an upland sand mine in Haines City, Florida.  Work is proposed to take place entirely from the uplands, using a dozer, backhoe and dump truck.   

 

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:  “A minimum of 5 foot buffer is proposed between the limits of fill and the limits of the mapped seagrasses.  Turbidity curtains and best management practices (BMPs) will be utilized in order to minimize the potential for any impacts to the adjacent tidal waters or marine resources (i.e. seagrasses) during construction activities (placement of fill).  The locations of the turbidity curtain were based upon a Submerged Aquatic Vegetation (SAV) survey that was completed in June 2018 during seagrass growing season to locate the SAV limits.  Using the limits of the SAV, a 5-10’ setback for BMPs and the construction fill template was used to prevent impacts to SAV.”

 

COMPENSATORY MITIGATION – The applicant provided the following statement why compensatory mitigation should not be required:  “There are no impacts to marine resources, therefore no mitigation is required or 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 determined the proposed project may affect, but is not likely to adversely affect (MANLAA) the West Indian manatee (Trichechus manatus).  The Corps has concurrence with this determination 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 > N > O > P5 > MANLAA.  This determination is partially based on the applicant following the standard manatee construction conditions. 

The Corps determined the project may affect, but is not likely to adversely affect swimming sea turtles (Chelonia mydas, Dermochelys coriacea, Eretmochelys imbricata, Caretta caretta, Lepidochelys kempii) and smalltooth sawfish (Pristis pectinata).  The Corps has concurrence with this determination pursuant to the Gulf of Mexico Regional Biological Opinion, dated November 19, 2003, amended January 09, 2007.

The Corps determined the project may affect, but is not likely to adversely affect nesting sea turtles (Chelonia mydas, Dermochelys coriacea, Eretmochelys imbricata, Caretta caretta, Lepidochelys kempii).  The Corps has concurrence with this determination pursuant to the Sand Placement Biological Opinion, dated March 13, 2015.

The Corps determined the project may affect, but is not likely to adversely affect the piping plover (Charadrius melodus).  The Corps has concurrence with this determination pursuant to the Piping Plover Programmatic Biological Opinion, dated May 22, 2013.

The Corps determined the project may affect, but is not likely to adversely affect the Rufa red knot (Calidris canutus rufa).  The Corps will request U.S. Fish and Wildlife Service concurrence with this determination 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.  The proposal would impact approximately 0.21 acre of unvegetated sand in Tampa Bay.  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 not been verified by Corps personnel.

 

AUTHORIZATION FROM OTHER AGENCIES:  The applicant received Water Quality Certification via Environmental Resource Permit no. 43019648.010, issued by the Southwest Florida Water Management District on January 24, 2019.

 

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.