Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2019-02850 (SP-CMW)

Published Jan. 22, 2020
Expiration date: 2/12/2020

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:

Innovative Design Leaders Corp.
9231 Sunnyoak Drive
Riverview, Florida 33569

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Alafia River. The project site is located at 10531 Moody Rd., Riverview, in Section 17, Township 30 South, Range 20 East, in Hillsborough County, Florida.

Directions to the site are as follows: From Tampa, head south on US-301. Make a right onto Moody Road. The facility is immediately on the left.

Latitude 27.869269°
Longitude -82.327191°

Basic: Water access
Overall: Construct two docks and loading ramp associated with a dry boat storage facility (144 berths) to provide vessel access to the Alafia River.

EXISTING CONDITIONS: The site is currently a residential single-family property that consists of a residential building and several storage buildings/sheds/garages. There is one small L-shaped wood dock that will be removed. The project area does not support submerged aquatic resources and there are no mangroves along the shoreline.

PROPOSED WORK: The applicant seeks authorization to build an upland retaining wall, a piling-supported concrete load-out ramp and (2) accessory floating docks. The proposal includes the following work in waters of the U.S.:

1) Remove existing 250 square feet (SF) (more or less) wood dock;

2) Construct 105 linear feet by 2 feet wide upland retaining wall (landward of the wetland and mean high water line);

3) Construct new concrete load out ramp measuring 15 foot wide by 75.5 foot long as measured below the mean high water line (1,132.5 SF);

4) Construct (2) floating accessory docks:

a) Construct west dock consisting of a 4 foot wide by 32 foot long wood walkout leading to a 4 foot wide by 40 foot long aluminum gangway that overlaps onto an L-shaped floating wood dock consisting of a 6 foot wide by 21 foot long section and 8 foot wide by 60 foot long section as measured below the mean high water line (894 SF); and

b) Construct east dock consisting of a 4 foot wide by 12 foot long wood walkout leading to a 4 foot wide by 25 foot long aluminum gangway that overlaps onto an 8 foot wide by 40 foot long floating dock as measured below the mean high water line (468 SF).

The work includes a total of (82) 12-inch diameter wood or concrete pilings. The project as proposed requires 0.057 total acre of fill for the concrete load out and accessory docks as measured below the mean high water line.

The proposed upland features include: 1) 144 dry berths to be located within a fully enclosed building; 2) Indoor boat maintenance to include the following minor marine services: oil change, spark plug replacement, tune‐ ups, checking of critical components, change of filters, lubrication of moving parts, repair of Bimini tops and boat detailing; 3) Fueling station on land (no fueling will occur over water); 4) Retail sale of incidental items to include the following: ice, sunscreen, towels, t‐shirts, fishing poles, and bait and tackle; 5) 600 square foot drinking establishment; 6) 39‐space parking lot.

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: There are no protected shoreline or aquatic resources being impacted with the proposed boat storage facility or water-related structures. An upland retaining wall is being built landward of the EPC-approved wetland line in lieu of building of seawall to minimize filling of wetlands. The concrete load out ramp will be piling supported and elevated above the shoreline to also minimize the filling of wetlands. The concrete load out ramp has been extended out over water to where there will be a minimum of 4 ft depth at mean low water where boats will be lowered into the water by a forklift to avoid the need for dredging the River bottom. And only the minimum-sized accessory docks needed to stage boats for the load out ramp are proposed. The docks and slips are also proposed where there is a minimum of 4 ft depth at mean low water to avoid prop-dredging of the River bottom. Water depths were surveyed by a Florida-licensed Professional Surveyor. Site conditions were evaluated onsite by EPC and Woods Consulting personnel.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant states that the project area does not contain submerged aquatic resources and no resources will be affected; therefore, mitigation should not be required.

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 may affect, but is not likely to adversely affect the smalltooth sawfish, loggerhead sea turtle, Kemp’s ridley sea turtle, and green sea turtle. 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. 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. The proposal would impact approximately 0.08 acres of un-consolidated substrate utilized by various life stages of EFH species. 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 or electronically to 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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7064.

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.