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:
Ms. Janis Krums
Elita Krums Kane Trust
614 S. Owl Drive
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 929 Alameda Way, Section 13, Township 36 South, Range 17 East, Sarasota, Sarasota County, Fl.
Directions to the site are as follows: I-75 south to SR 780 (Fruitville Road). Take SR 780 west to US 41. Take US 41 north to 22nd Street. Take 22nd Street west to Alameda Avenue. Take Alameda Avenue south to Alameda Way. Go north to 929 Alameda Way.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.354156° W
Longitude -82.552450° N
PROJECT PURPOSE: To remove all un-necessary structures over the water, to stabilize the shoreline and eliminate poor water quality at a dead-end canal by filling in the man-made basin area.
Basic: To remove the existing structures, install a seawall, and fill in the end of a man-made canal.
Overall: To remove 681 square feet of dock/decking, remove 2 pilings, install 108.6 linear feet of new vinyl seawall panels along the western and southern project boundary, and fill in 2,474 square feet of open water area with 880 cubic yards of clean fill.
EXISTING CONDITIONS: The wetland system consists of a man-made canal. The man-made canal was constructed out of an upland area prior to 1957. It is tidally influenced and is associated with Sarasota Bay. The existing area surrounding the project area consists of residential homes to the east, maintained residential land to the north, man-made canal to the south, and Sarasota Bay to the west.
There is no onsite vegetation. No aquatic resources will be affected. Currently the water quality is poor due to lack of flushing and sediment deposits building up. Filling in this area may help with water quality as the distance to flush the area will be reduced.
PROPOSED WORK: The applicant seeks authorization to remove 681 square feet of existing dock/decking structure, remove 2 pilings, install 108.6 linear feet of new vinyl seawall panels along the western and southern project boundary, and fill in 2,474 square feet of open water area with 880 cubic yards of clean fill.
The existing dock/decking will be removed first then the seawall panels will be driven to create a coffer dam. Then the basin will be filled, and the new cap and tie-back system will be completed. It is estimated that the project will take 4 weeks to complete.
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: The removal of the dock and decking is required as part of the project. The linear footage of proposed seawall is the minimum necessary that is needed to fill based on property boundaries. The amount of fill is the minimum necessary to bring this area back to meet the elevation of the property.
All the work is to be completed in private waters, not sovereign submerged waters because the man-made canal was originally dug out of uplands.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: No mitigation is proposed as this was originally uplands. There are no seagrass impacts as water quality is poor and there is a lot of sediment silt in the canal.
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. This notification will be sent to the Florida State Historical Office of Preservation (SHPO) and the Cultural Resource Liaison for the US Army Corps of Engineers for comment or concurrence.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect but is not likely to adversely affect the Western Indian Manatee (Trichechus manatus). The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Other species to note are the Piping Plover, the Florida Bonneted Bat, the Florida Scrub jay, and the Wood Stork. The Corps reviewed each species and their habitat features and determined a “No Effect” determination based on species habitat and proximity to the proposed project.
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 Sarasota Bay, Whitaker Bayou, or the man-made canal. 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 approximately 3,860 feet 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 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 or
preferably by email to firstname.lastname@example.org within 21 days from the date of
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, Peter Romano, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Tampa, Florida 33610; by electronic mail at email@example.com; or, by telephone at (813-769-7072).
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.
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.