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: Harbor View MHC, L.L.C
Attn: Everrett Butler
Two North Riverside Plaza, Suite 800
Chicago, IL 60606
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Pithlachascotee River. The project site is located at Harbor View Mobile Manor, 6617 Louisiana Ave, in Section 09, Township 26 South, Range 16 East, New Port Richey, Pasco County, Florida
Directions to the site are as follows: From I-75 N merge on to SR 52/FL-52 exit 285 towards Dade City/New Port Richie. Take a left on Moon Lake Rd. Take another left on Congress St. Turn left onto Louisiana Ave. Turn right onto Blue Harbor Dr. The project site is on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.239939°
Longitude -82.705681°
PROJECT PURPOSE:
Basic: Bank Stabilization
Overall: Stabilization of the shoreline that supports the residential community of Harbor View Mobile Manor.
EXISTING CONDITIONS: The 29 ac multi-family mobile home development includes 7,550 linear feet of shoreline along four (4) man-made canals off the upper Pithlachascotee River. Waters are classified as Palustrine with an unconsolidated bottom. No mangroves or submerged aquatic vegetation are found along the shoreline. The banks of the canals contain a mixture of 300 linear feet of wood retaining wall, 852 linear feet of concrete retaining wall, 3,076 linear feet of rubble riprap wall, and 3,003 linear feet of natural shoreline. Landscaped uplands consist of a mixture of longleaf pine, live oaks, laurel oak, and sable palms.
PROPOSED WORK: The applicant seeks to install 7,494.75 linear ft of vinyl seawall; 4,228 linear ft will be installed 18 inches waterward of existing rip rap, concrete, and wood walls, 3,003 linear feet will be installed landward above the mean high-water line as an upland retaining wall, and 263.75 linear feet of new vinyl seawall will be installed along areas of natural shoreline that are less than 150 linear feet with existing walls on either side. Vinyl sheet piles will be installed using a shallow barge and vibratory hammer from uplands.
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: “Project design includes installing an upland retaining wall to reduce impacts to riparian wetlands.”
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: “Compensatory mitigation is not required because the activity consists of construction of a structure that would not adversely impact aquatic resources.” The U.S. Army Corps of Engineers has not completed the evaluation of the impacts or determined the requirement for compensatory mitigation.
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 would have no effect on the Florida scrub jay (Aphelocoma coerulescens), the Wood stork (Mycteria Americana) Swimming sea turtles (Chelonia mydas, Caretta caretta, Eretmochelys imbricate, and Lepidochelys kempii), and Smalltooth sawfish (Pristis pectintata) or their designated critical habitat. Based on the project description and location, no impacts to these species or their habitat will occur as a result of the proposed action.
The Corps has determined the proposed project may affect, but is not likely to adversely affect (MANLAA) the West Indian Manatee (Trichechus manatus) or its designated critical habitat. Use of the 2013 Manatee Key yielded the following progression: A>B>C>G>N>O>P4 MANLAA. Project is not located in an important manatee area (IMA), does not include dredging, does not provide new access for watercraft, and will not impact submerged aquatic vegetation (SAV), emergent vegetation, or mangroves. The applicant agrees to follow standard manatee conditions for in-water work.
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 Pithlachascotee River. 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 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, Leanne Obra, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Leanne.e.Obra@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7071.
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.