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: Madeira Beach Town Center, LLC
c/o Mr. Kevin Bowden
286 107th Ave, Ste 300
Treasure Island, FL 33706
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Boca Ciega Bay. The project site is located at an existing marina in a canal adjacent to 202 150th Avenue, in Section 09, Township 31 South, Range 15 East, Madeira Beach, Pinellas County, Florida 33708.
Directions to the site are as follows: From I-275 South, take exit 25 for 38th Ave N. Keep right at the fork, follow signs for US-19 and merge onto 38th Ave N. Turn right onto US-19 ALT N/Tyrone Blvd N. Use the left two lanes to take the FL-666 exit toward Madeira Beach/Redington Beach. Merge onto 150th Ave/Tom Stuart Causeway. The project site is on the right in the canal adjacent to 410 150th Ave.
APPROXIMATE CENTRAL COORDINATES:
Basic: Navigation/improved boating access
Overall: Increase the navigable depth and reconfigure watercraft access structures at the Madeira Beach Town Center Marina.
EXISTING CONDITIONS: The project is located at an existing marina in a canal in Boca Ciega Bay. The marina currently supports 43 vessel slips. The shoreline is armored with a seawall. A boat basin in the southwest corner of the marina was previously filled without a permit. The applicant’s environmental consultant performed a benthic resource survey of the project area. Mangroves were observed along the shoreline growing out of the seawall. Oyster beds were observed abutting the existing seawall with small patches of oysters observed waterward from the seawall. Approximately 1,250 square feet of seagrass was observed. Species observed consist of turtle grass (Thalassia testudinum) and manatee grass (Syringodium filiforme). Seagrass presence was sparse throughout the delineated area. Approximately 3,250 square feet of rhizophitic macroalgae was observed in patches in shallow waters. The dominant species of macroalgae was green feather Caulerpa. Other macroalgae species were drifting species and not documented. Three colonies of hard coral (Montastraea sp., Siderastrea sp. and Agaricia sp.) and 9 soft corals (sea whips) (Leptogorgia virgulata) were also observed attached to the substrate.
PROPOSED WORK: The applicant seeks authorization to remove the existing dock structures (2,274 square feet of structures supporting 43 permanent slips); reconfigure and construct new docking structures totaling 3,846 square feet and supporting 43 permanent slips and 5 transient slips; and maintenance dredge an area of 0.65 acre (1,045 cubic yards) of silt/sand from the slip areas to a depth of -4.2 feet mean low water. This application also seeks after-the-fact authorization for the filling of a 700 square foot boat basin (60 cubic yards).
Mechanical dredging using a track hoe is proposed. The dredged material will be loaded into a container on a barge and transferred to a temporary dewatering area in an adjacent parking lot before being loaded into sealed trucks and disposed of in a local landfill.
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 applicant will dredge to the minimum depth necessary. No dredging will occur within five feet of the seawall. The applicant will avoid the area which supports seagrass growth. No work and no mooring will take place in this location. The applicant proposes to relocate the hard and soft corals to a resource recipient area in the southwest corner of the canal. The applicant proposes to conduct semi-annual monitoring and maintenance events to ensure the success of the translocated species for a period of three years.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant has indicated that on-site avoidance and relocation of resources is satisfactory mitigation in this case and no additional compensatory mitigation should 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 determined the proposed project may affect, but is not likely to adversely affect smalltooth sawfish (Pristis pectinata), green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea) and hawksbill sea turtles (Eretmochelys imbracata). The Corps evaluated the proposed work utilizing the National Marine Fisheries Service (NMFS)—Jacksonville District’s Programmatic Biological Opinion (JaxBO) dated November 20, 2017. The Corps has programmatic concurrence with this determination pursuant to the JaxBO and no individual concurrence is required.
The Corps determined the project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus). The Corps will request informal concurrence with this determination from the U.S. Fish and Wildlife Service 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 applicant’s proposal involves the on-site translocation of hard and soft corals, and avoidance of seagrass and mangroves. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Boca Ciega Bay or 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, 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.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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.