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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
Harborage Marina, LLC
Attn: Marshall Funk
11226 Indian Trail, Suite 200
Dallas, Texas 75229
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Bayboro Harbor. The project site is located 1110 3rd Street South, in Section 30, Township 31 South, Range 17 East, St. Petersburg, Pinellas County, Florida.
Directions to the site are as follows: From I-175E, take exit 22, turn slight left onto 5th Ave South; turn right onto 3rd St South; end at 1110 3rd St South, St Petersburg
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is recreation.
Overall: The overall project purpose is to expand the existing marina to provide mooring for 12 additional vessels.
EXISTING CONDITIONS: The Harborage Marina currently provides mooring for 321 vessels (306 permanent, 15 transient) and has an overwater area of 98,026-square-feet. Water depths in the project area range from 12-feet to 14-feet at mean low water. The substrate within the project area consists of unconsolidated sand bottom. No submerged aquatic vegetation (SAV) or shoreline vegetation is located within the project area.
PROPOSED WORK: The applicant seeks authorization to install a new piling supported, concrete floating dock/wave attenuator system and tie poles in the northeast corner of the existing marina. The proposed 17.5-ft wide by 201-ft long (3,517.5 sq. ft.) dock would provide for mooring of up to 12 additional vessels.
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 proposed dock and mooring piles will be installed in an existing man-made marina area which does not support mangroves, SAV, or marsh vegetation.
COMPENSATORY MITIGATION: Compensatory mitigation will not be required since the proposed structures will not result in the permanent loss of waters of the U.S. and will not impact any special aquatic sites.
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 (Pristis pectinata), green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), and loggerhead sea turtle (Caretta caretta). 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 manatus). The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries 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 Bayboro Harbor. 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- 2007-06362 (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-Nussbaum by electronic mail at Caitlin.S.Hoch@usace.army.mil; or, by telephone at (813) 355-0789.
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.