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: Manatee County Port Authority
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Tampa Bay. The project site is located at 300 Tampa Bay Way, in Section 1, Township 33 South, Range 17 East, Palmetto, Manatee County, Florida.
Directions to the site are as follows: From the I-275/US HWY 41 Interchange, take US HWY 41 North for approximately 3.5 miles, the entrance to Port Manatee will be on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude 23.63847°
Longitude -82.56297°
PROJECT PURPOSE:
Basic: Commercial
Overall: To expand the existing Berth 4 and associated dredging to accommodate additional vessels at Port Manatee.
EXISTING CONDITIONS: The proposed project site is adjacent to an existing basin at Port Manatee (berths 4 and 5). The impact area can be characterized as shallow-subsurface waters with depths to -5-feet MLLW. The area has sparse to moderate seagrass coverage in some areas while others are devoid of vegetation. The conditions both north and south of Port Manatee are largely undisturbed shorelines.
PROPOSED WORK: The applicant seeks authorization to construct an extension of Berths 4 and 5 (referred to as Berth 4 extension) northwards by 623.9 linear feet. The berth extension will have a width of 250 feet, creating approximately 3.58 acres. The extension will be constructed with a steel sheet pile bulkhead on the western and northern side, and a rock revetment on the eastern side. In addition, a 100-foot by 54-foot “notch” will be filled in the southwest corner of Berth 5 (0.10 acre). The applicant also proposes to extend the existing basin by dredging to a depth of -41-feet MLLW with 1-foot over-dredge allowance, for a total depth of -42-feet MLLW. The basin will be dredged with a cutterhead hydraulic dredge and the material will be placed in the existing dredged material disposal area at Port Manatee. Impacts to waters of the US include filling of 2.55 acres of open water and 1.6 acres of seagrass, as well as the dredging of 8.04 acres of open waters and 2.25 acres of seagrass.
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:
Impacts to marine resources have been avoided and minimized to the greatest practicable extent. Multiple design iterations of this alternative have been considered throughout the planning and design process, and the final design has reduced the planned permanent impacts for construction of the proposed Berth 4 Extension and adjacent basin to 3.85 acres of seagrasses and 10.59 acres of impacts to WOTUS.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The Port is considering several mitigation alternatives, including:
1. Purchasing credits at the North Shore Seagrass Mitigation Bank. This mitigation alternative would involve procurement of UMAM credits from the North Shore Seagrass Mitigation Bank (NSMB). The NSMB is located seaward of Vinoy, North Shore, and Flora Wylie Parks in St. Petersburg, Pinellas County, Florida.
2. Utilizing the Rookery at Perico Seagrass Mitigation Basin. This mitigation alternative would involve the use of up to 9.02 acres of seagrass mitigation area from the existing permitted Rookery at Perico Seagrass Mitigation Basin (RPSMB). The RPSMB is located in Bradenton, Manatee County, Florida. Transplanting of seagrass within the purchased seagrass mitigation area would be conducted by Manatee County.
3. Manbirtee Key Seagrass Restoration and Enhancement. This mitigation alternative would include the engineering, design, and placement of a breakwater system to reduce wave energy and current velocities in order to enhance and restore seagrass coverage in over 40 acres of bay bottom previously occupied by seagrasses adjacent to Manbirtee Key. Additional restoration and enhancement measures may also include sea floor elevations adjustments and/or seagrass transplanting activities. The Manbirtee Key site is located in southeastern Tampa Bay, immediately west of the Port Manatee facilities.
4. Stormwater Treatment for Water Quality Improvements. This mitigation alternative would involve the utilization of acre-feet of excess stormwater treatment capacity at a regional stormwater facility located in Hillsborough County within the Tampa Bay basin. Excess capacity credits would reflect incremental improvements in water quality to enhance seagrass communities within Tampa Bay.
Note: The applicant is still finalizing compensatory mitigation plans. One, or a combination of, above alternatives may be chosen.
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 West Indian Manatee or its designated critical habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has preliminarily determined the proposal may affect, but is not likely to adversely affect five species of swimming sea turtles and the smalltooth sawfish. The Corps will request the National Marine Fisheries Service concurrence with this determination 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 14.44 acres of unconsolidated bottom/seagrass utilized by various life stages of Penaeid shrimp complex/Red drum/ Reef fish/Stone crab/Spiny lobster/Migratory-pelagic fish/Snapper-Grouper complex. Our initial determination is that the proposed action would 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.
NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is adjacent to the Port Manatee Federal channel (Tampa Bay Harbor).
SECTION 408: The applicant may require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, may alter, occupy, or use a Corps Civil Works project.
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 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, at 10117 Princess Palm Ave. Suite 120, Tampa, Florida 33610 or Candice.M.Wheelahan@usace.army.mil 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, Candice Wheelahan, in writing at the Tampa Permits Section, at 10117 Princess Palm Ave. Suite 120, Tampa, Florida 33610; by electronic mail at Candice.M.Wheelahan@usace.army.mil; 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.