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:
APPLICANT: Port Tarpon Marina
527 Anclote Road, Suite 200
Tarpon Springs, Florida 34689
jim@porttarponmarina.com
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Anclote River. The project site is located at 527 Anclote Road, in Section 02, Township 27 South, Range 159 East, Tarpon Springs, Pinellas County, Florida.
Directions to the site are as follows: Start at 10117 PRINCESS PALM AVE STE 120, TAMPA- go 0.1 mi - 2. Turn L on QUEEN PALM AVE- go 0.1 mi 3. Turn R on
DR MARTIN LUTHER KING JR BLVD E - go 0.6 mi - 4. Turn Lon - go 0.5 mi - 5. Merge onto I-75 NORTH - go 0.6 mi - 6. Take exit #261 onto I-4 WEST toward TAMPA - go 9.0 mi- 7. Take the I-275 NORTH exit toward I-75 N/OCALA- go 2.3 mi - 8. Take exit #47B/US-92 WEST onto HILLSBOROUGH AVE-go 12.9 mi -9. HILLSBOROUGH AVE becomes TAMPA RD-go 6.1 mi-10. Turn R on US-19 - go 6.0 mi - 11. Turn L on E LIVE OAK ST- go 1.0 mi 12. Bear Ron DODECANESE BLVD - go 0.1 mi -13. Turn R on N PINELLAS AVE [US-19-ALT] - go 0.3 mi - 14. Turn L on ANCLOTE RD - go 0.9 mi - 15. Arrive at 531 ANCLOTE RD, TARPON SPRINGS.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.161529°
Longitude -82.768905°
PROJECT PURPOSE:
Basic: Marina Expansion.
Overall: Expand existing marina by 25 slips.
EXISTING CONDITIONS: The project site consists of 5.35 acres of surface water within the Anclote River. There is an existing 58 slip marina on the project site. The applicant’s agent has indicated there is no submerged aquatic vegetation within the project area. The existing area surrounding the project area consists of other marinas and commercial marine facilities.
PROPOSED WORK: The applicant seeks authorization to Applicant proposes to expand an existing 58 slip marina through installation of 25 new wet slips, for a total of 83 wet slips.
The applicant will install educational signs in visible locations on the proposed reconfigured marina, alerting users of listed species in the area. The applicant will post the “Save the Sea Turtle, Sawfish, and Dolphins” sign, which is available for download from the website: https://www.fisheries.noaa.gov/southeast/consultations/protected-species-educational-signs
The applicant will also ensure that monofilament recycling receptacles will be available and placed along the marina docks for returning boat anglers in order to prevent fishing lines from being disposed of improperly. The receptacles will be clearly marked and will be emptied regularly to ensure they do not overfill and that fishing lines are disposed of properly. The applicant is aware that posting of educational signs and mono-filament bins are required by JAXBO.
Work is expected to take 4-6 weeks to complete.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The project is regulated under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). No compensatory mitigation required.
CULTURAL RESOURCES: The Corps has determined the permit area the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.
ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project “May affect” the West Indian manatee (Trichechus manatus). Potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013. Use of the Manatee Key resulted in the following sequential determination: (A>B>C>G>H>I>J>L>M: LAA). Per Key stipulation, further consultation with FWS is required. The USACE will coordinate informally.
The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the smalltooth sawfish (Pristis pectinata), green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), and Kemp’s ridley sea turtles (Lepidochelys kempii). The Corps will initiate programmatic consultation (JAXBO) via e-mail with National Marine Fisheries Service- Protected Resources Division. The Corps will provide certification that the project will be implemented in accordance with the Project Design Criterion (PDC) and certification that the net effects are consistent with those anticipated in the programmatic consultation document.
The Corps has determined the proposal would have no effect on Wood Stork (Mycteria Americana) and Piping Plover (Charadrius melodus).
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 158 square feet of shallow open water bottom via wooden pile installation and will shade/cover 5,102 square foot of shallow open water bottom via construction of 25 boat slips. Per the applicants agent, the project site has no SAV, hardbottom, mangroves, or oyster reef to be utilized by various life stages of postlarval, juvenile and subadult shrimp; postlarval, juvenile and adult red drum; postlarval, juvenile and adult gray snapper; juvenile red and gag groupers; and juvenile and adult yellowtail and lane snappers.
Our initial determination is that the proposed action would not have an 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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 33.2 feet away from the near bottom edge of the Intracoastal Waterway Federal channel.
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 33610-8302 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, Ryan Hendren, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302; by electronic mail at Ryan.G.Hendren@usace.army.mil or, by telephone at 813-769-7075.
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.
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.