US Army Corps of Engineers
Jacksonville District

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SAJ-2019-01142 (SP-EWG)

Published June 11, 2019
Expiration date: 7/9/2019

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:      Port Tampa Bay

                           Bruce A. Laurion

1101 Channel Side Drive

Tampa, FL 33602

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Ybor Channel, Tampa Bay.  The project site is located at Tampa, Sections 29, Township 29 South and Range 19 East, Hillsborough County, Florida.

Directions to the site are as follows: Directions to the site are as follows:  From I-275, take exit 44 downtown east, turn right on Jefferson St, turn left on to Orange Ave, turn left onto Harrison St, turn right on Nebraska Ave, turn left on Twiggs, continue on Twiggs to site.

 

APPROXIMATE CENTRAL COORDINATES:      

Latitude      27.952386°

Longitude  -82.444314°

 

PROJECT PURPOSE:

Basic: Demolition of overwater structures and shoreline protection

Overall:  Demolish concrete cap and bents and use the material as rip-rap to shore up the existing concrete walls at the edge of the slip.

 

EXISTING CONDITIONS:  The Metroport complex is comprised of berths 263, 264, and 265. The berths are situated in an upland cut slip at the north end of the Ybor Channel. The complex was constructed in the 1930s and until recently was utilized by a ship repair company. In June of 2018, an inspection of the facility was conducted and the end result was the condemning the structures. The structures consist of approximately 534 concrete piles, concrete beams, a concrete deck with an asphalt overlay and a cut-off wall at the interface between the deck and upland.  The fendering system consists of timber piles, timber beams, and tires. There are no seagrasses or other marine vegetation present at the site.   

 

PROPOSED WORK:  The applicant seeks authorization to conduct maintenance work at the Port of Tampa facility by demolishing over-water concrete deck and process the material to remove extraneous rebar. Then place the rubble in-water as rip-rap at the toe of the existing concrete wall.  The fill material (rubble) to be used as rip-rap would shore up the existing concrete walls totaling 5,170 cubic yards. The total surface area over waters to demolish is approximately 66.343 square feet.

The concrete deck and fendering system will be removed via land or barge mounted crane.  The concrete from the deck will be processed into rip-rap and placed immediately waterward of the cut-off wall to provide additional protection to the falling wall. All other materials removed from the structures will be disposed of at an approved disposal facility. 

The existing decking will be removed by crane from either barge or from the upland. Once removed the concrete deck will be processed to rip rap and exposed rebar will be removed. The existing pilings will be left in place and the processed rip rap will be placed the 2,335 linear ft of the project to help stabilize the structure. Rip rap will be placed no more than ±23 ft out from the existing cutoff wall.

 

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:

Project is being conducted as a matter of public safety, there are no resources to be impacted. Project is the minimum necessary to achieve desired our come.  Turbidity curtains and BMPs will be used to prevent potential adverse impacts.

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: There are no seagrasses or other marine vegetation present at the site. The water depths at the site and the water visibility/quality within this terminus of the port’s Ybor Channel precludes the presence of Submerged Aquatic Vegetation (SAV) within the docking basin.

Turbidity curtains and BMPs will be used to prevent potential adverse impacts.

Applicant agrees to follow Standard Manatee Conditions for In-Water Work (2011) and Sea Turtle and Smalltooth Sawfish Construction Conditions

 

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 following: The Corps made an initial determination that the proposed project may affect, not likely to adversely affect (MANLAA) the West Indian (Florida) manatee (Trichechus manatus latirostris): The Corps has concurrence with this determination pursuant to the Effect Determination Key for the Manatee, dated April 2013 (Key). Use of the Key resulted in the following sequential determination: A > B > C > G > N > O > P12 > MANLAA. The proposed project site is bordered by Port of Tampa in Tampa Bay; the proposed project would involve the demolition of structures within a semi-enclosed docking basin at the Port of Tampa facilities. The project site is located in a Manatee Consultation Area, but the proposed project does not involve new watercraft access. Lastly, the applicant elects to adhere to the standard manatee construction conditions. May affect, not likely to adversely affect determinations arrived at through the use of this key do not require further consultation with the U.S. Fish and Wildlife Service (FWS) and are determined to meet the requirements of Section 7 of Endangered Species Act. 

The Corps utilized the National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO), dated November 2017, to analyze the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and corals (elkhorn and staghorn) in accordance with Section 7 of the Endangered Species Act. The Corps has determined that the proposed project falls within the scope of the JAXBO. The Corps will request concurrence with this determination with NMFS pursuant to Section 7 of the Endangered Species Act by separate correspondence.

 

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 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.

 

Navigation:  The proposed project is west of the west limit of the federal channel.  The project is perpendicular to Ybor Channel and adjacent to a federal channel. The distance of the existing structures to the Federal channel is 62 feet at the closest point. The proposed work will not extend past the existing structures footprint and no new structures are proposed, only the placement of rip rap. The closest point to the Federal Channel is X = 513013.4571 Y = 1315706.8851.

 

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 will be required from 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 District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 within 30 days from the date of this notice. Comments can also be submitted by electronic mail to Edgar.W.Garcia@usace.army.mil with the project number, SAJ-2019-00242, in the subject line.

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 Edgar W. Garcia, Project Manager in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at edgar.w.garcia@usace.army.mil; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7062. 

 

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.