TO WHOM IT MAY CONCERN: The Jacksonville District of the United States 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: Tampa Yacht and Country Club
5320 Interbay Boulevard
Tampa, Florida 33611
WATERWAY AND LOCATION: The project would affect waters of the United States (US) associated with tidally influenced Hillsborough Bay, located at 5320 Interbay Boulevard in Section 11, Township 30 South, Range 18 East, Tampa, Hillsborough County, Florida.
Directions to the site are as follows: From Interstate-75 south, exit onto the Selmon Expressway and continue for approximately 13 miles. Turn east on Euclid Avenue and then south on Bayshore Boulevard. Bayshore Boulevard will turn into Interbay Boulevard and the proposed project location is on the east side of the road.
APPROXIMATE CENTRAL COORDINATES:
Basic: The basic project purpose is to provide access to navigable water.
Overall: The overall project purpose is the modification of an existing marina on Hillsborough Bay to increase available slip space, construct roofs over existing slips, and construct two covered gazebos.
EXISTING CONDITIONS: The proposed project area is an existing marina in Hillsborough Bay partially enclosed by riprap breakwaters. The original permit, which was issued in November 2012, authorized the repair, reconfiguration, and expansion of the original facility to a total of 193 slips. In March 2015, a permit modification was issued to revise the total to 126 slips, of which 112 were completed.
PROPOSED WORK: The applicant seeks authorization to install a total of 108 piles into the bay bottom. The proposed project would require the installation of 23 piles to extend dock 3 an additional 114 feet and construct 14 additional individual slips, the installation of 61 piles for the construction of roofs over docks 1 and 2, and the installation of 24 piles for the construction of the two covered gazebos partially over the existing riprap and within the existing basin.
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 is no submerged aquatic vegetation (SAV), emergent vegetation, mangroves, corals, or live hardbottom present within the footprint of the proposed work. In addition, the applicant proposes to employ proper erosion control measures and turbidity barriers throughout the proposed construction to prevent sedimentation and turbidity from escaping the proposed work area.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant selected a proposed location that does not support an SAV, mangroves, corals, or live hardbottom; therefore, the applicant believes that no compensatory mitigation is warranted for the proposed project.
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; therefore, the Corps has initially determined that the proposed project would have “No Potential to Cause Effect” to historic properties or 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 that the proposed project may affect the West Indian Manatee. 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 > H > I > J > L > M > May Affect. The proposed project involves the improvements to an existing marina and expansion with 14 additional slips. The proposed project it is not located in an area of inadequate protection; however, the proposed project involves the increase in watercraft access beyond the residential dock density defined in the Key for Hillsborough County, which does not have a State-approved Manatee Protection Plan. Therefore, the Key resulted in a May Affect determination and the Corps will request initiation of formal consultation with the US Fish and Wildlife Service (FWS) pursuant to Section 7 of the Endangered Species Act (ESA) by separate letter.
The Corps has determined that the proposed project is not likely to adversely affect the following species: sea turtles (loggerhead, leatherback, Kemp’s ridley, hawksbill, and green); smalltooth sawfish; sturgeon (Gulf. shortnose, and Atlantic); corals (elk horn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); and designated critical habitat for, smalltooth sawfish, Gulf sturgeon, loggerhead sea turtle, and elkhorn and staghorn corals. Pursuant to Section 7 of the ESA, the Corps will seek concurrence with this determination from the National Marine Fisheries Service (NMFS) by separate letter.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the NMFS on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would cause approximately 84,000 square feet (ft2) over-water impact through the construction of roofs, gazebos, and the dock extension and additional slips and 59 ft2 of direct impact through the installation of piles to bare submerged bottom potentially utilized by various life stages of coastal migratory pelagics, reef fish, and shrimp. Due to the location within an existing marina, the initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. The final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.
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 Gainesville Field Office of the Tampa Permits Section at 2833 NW 41st Street, Gainesville, Florida, 32606 within 30 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, Sarah Vaughn, at the Gainesville Field Office of the Tampa Permits Section, 2833 NW 41st Street, Gainesville, Florida, 32606; via email at Sarah.L.Vaughn@usace.army.mil; or telephone at (352) 264-7673.
IMPACT ON NATURAL RESOURCES: Coordination with the US FWS, Environmental Protection Agency (EPA), the NMFS, 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 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.