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:
Mr. Brian Will
Sarasota Yacht Club
1100 John Ringling Boulevard
Sarasota, FL, 34236
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Sarasota Bay. The project site is located at 1100 John Ringling Blvd, Coon Key, in Section 26, Township 36 South and Range 17 East, Sarasota County, Florida. Latitude: 27.322466°, Longitude: -82.568178°.
Directions to the site are as follows: From I-75 take exit 210 and head west. Turn left onto Fruitville Rd and in 6.3 miles make a slight left at N. Tamiami Trail. Take the first exit at the traffic circle, turn right onto Gulf Stream, and continue to John Ringling Blvd. for 1.5 miles, the site is on the left.
APPROXIMATE CENTRAL COORDINATES:
Basic: Marina Expansion
Overall: The overall purpose of the project is to expand and moderate the marina, provide additional mooring area, install a new recreational sailboat floating dock, and install a new concrete seawall.
EXISTING CONDITIONS: The existing facility is a marina with a private yacht club that includes an 858 linear feet seawall, boat ramp, and tree (3) docks totaling 108 slips and 25,759 square feet of overwater structure. The entire project shoreline is a concrete seawall. Along the concrete seawall, the substrate is classified as soft silt sand with shell debris. Further from the shoreline, the substrate is classified as a soft silt sand/muck with scattered shell debris. Water depth increased gradually from the seawall at ± 3 feet to ± 14 feet. Barnacles and oysters exist on many of the existing pilings, and several species of seagrasses are present within the project footprint.
PROPOSED WORK: The applicant seeks authorization to replace its existing tree (3) fixed docks and replace them with both fixed and floating structures in their existing dock footprint and add a 4th dock and a sailboat dock on the south side of the property. Additionally, the project would install 79 boat lifts, repair the marina seawall and add a marginal dock along the seawall.
The proposed facility will have 134 permanent slips, 15 transient slips, and 8 sailboat slips, totaling 157 slips and 46,401 square feet of overwater structure. The project would add forty-nine (49) new slips from the original boat slip permitted. The project would rebuild the marina by installing one-hundred and fifty (150) concrete pilings and one-hundred and fifty (150) wood pilings by jetting.
Dock #1 would have a 12-foot by 89-foot fixed dock with four finger piers. An 8-foot by 24-foot aluminum gangway leading into a 12-foot by 276-foot floating main dock with 11 finger piers and a 12-foot by 142-foot terminal platform.
Dock #2 would have a 12-foot by 97-foot fixed dock with four finger piers. An 8-foot by 40-foot aluminum gangway leading into a 12-foot by 281-foot floating main dock with 10 finger piers and a 12-foot by 122-foot terminal fuel dock platform.
Dock #3 would have a 12-foot by 71-foot fixed dock with four finger piers. An 8-foot by 24-foot aluminum gangway leading into a 12-foot by 267-foot floating main dock with 12 finger piers and a 12-foot by 132-foot terminal dock platform.
Dock #4 would have a 10-foot by 46-foot fixed dock connecting to a 12-foot by 65-foot fixed dock with four finger piers. An 8-foot by 24-foot aluminum gangway leading into a 12-foot by 242-foot floating main dock with 10 finger piers and a 12-foot by 121-foot terminal dock platform.
Catalina / Sailboat Floating Dock would have a 5-foot by 18-foot gangway leading to a 17.7-foot by 74-foot floating dock to accommodate eight (8) 32-foot by 74-foot finger piers.
Seawall - the existing concrete seawall would be replaced with a new concrete seawall placed approximately 1.5-feet in front of the existing seawall. The proposed seawall cap will be 3-feet wide along the 858 linear feet of applicant-owned shoreline.
Marginal dock – the project would install a 6-foot by 604-foot marginal dock alongside the seawall.
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: No impacts are proposed for this project. No fill will be placed below the MHWL; the new seawall will be placed in front of the existing wall. Potential impacts are being avoided with the proposed new dock and associated piles. The use of turbidity curtains (only 7 to 10 piles per day), jetting piles into place, and avoiding impacts to seagrass.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No impacts are proposed for this project. No fill will be placed below the MHWL. Mitigation does not apply to this 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.
ENDANGERED SPECIES: The Corps has determined the proposed project “May affect, not likely to adversely affect” the West Indian (Florida) manatee (Trichechus manatus latirostris), the Green sea turtle (Chelonia mydas), the Kemp’s ridley sea turtle (Lepidochelys kempii), the Loggerhead sea turtle (Caretta caretta), and the Smalltooth sawfish (Pristis pectinata) (STSF).
West Indian (Florida) manatee (Trichechus manatus latirostris): The Corps has made the determination of “may affect, not likely to adversely affect” (MANLAA) for the West Indian manatee and its designated critical habitat. The Corps has concurrence with this determination pursuant to “The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013” (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A>B>C>G>H>I>J>K = ”May affect”. The project has not been reviewed by the FWC, and may not be consistent with an approve Manatee Protection Plan, further consultation with USFWS is required. The Corps will initiate of informal consultation USFWS pursuant to Section 7 of the Endangered Species Act by separate correspondence.
Smalltooth sawfish and Swimming Sea Turtles: The Corps utilized the National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO), dated November 2017, to analyze the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and corals (elkhorn and staghorn) in accordance with Section 7 of the Endangered Species Act. The Corps has determined that the proposed project Does Not fall within the scope of the JAXBO. The Corps will initiate of informal consultation NMFS pursuant to Section 7 of the Endangered Species Act by separate correspondence.
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 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 0.7 Nautical Miles away from the near bottom edge of the Intracoastal Waterway Federal channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not 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/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 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. Comments can also be submitted by electronic mail to Edgar.W.Garcia@usace.army.mil with the project number, SAJ-2000-00184, in the subject line.
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, Edgar W. Garcia by electronic mail at Edgar.W.Garcia@usace.army.mil, or in writing at the Tampa Permits Office at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610, or by telephone at 813-769-7062.
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.
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.