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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT:
Kipps Colony I Condominium Assoc., Inc.
5901 Sun Blvd., Suite 103
St. Petersburg, FL 33715
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a canal off Boca Ciega Bay. The project site is located at the Kipps Colony I Condominium at 2785 Kipps Colony Drive South, City of Gulfport, Pinellas County, Florida 33707, in Section 32 of Township 31 South and Range 16 East.
Directions to the site are as follows: From Interstate 275, proceed west on 22nd Avenue South (Gulfport Boulevard South). Turn left on Pasadena Point Boulevard South. Turn left on Pelican Bay Plaza South. Turn right on Kipps Colony Drive South. The condominium complex is approximately 0.2 miles on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.745043°
Longitude -82.721213°
PROJECT PURPOSE:
Basic: Water access.
Overall: Reconfiguration of the existing marina at Kipps Colony I Condominium.
EXISTING CONDITIONS: The project site currently contains a 6,995 ft2, 26-slip marina and seawall. The shoreline is devoid of vegetation and the marina area does not contain any seagrass.
PROPOSED WORK: The applicant seeks authorization to remove the existing 6,995 ft2, 26-slip marina and replace it with a 7,357 ft2, 29 slip facility. Twenty-two slips will accommodate 53-foot vessels, while seven slips will accommodate 63-foot vessels.
The proposed work will require the installation of 260 10-inch diameter wood pilings and 71 12-inch diameter wood piling via vibratory hammer. No dredging is proposed, as sufficient depths exist within the project area.
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 marina will be replaced in nearly the same footprint as the existing marina.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The project will not adversely affect any aquatic resources such as mangroves, marsh, sea grass, or hard bottom habitat.
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, but is not likely to adversely affect, the West Indian manatee (Trichechus manatus) and the smalltooth sawfish (Pristis pectinata). The project will not affect critical habitat for these species, as none has been designated within the project area. Pursuant to Section 7 of the Endangered Species Act, the Corps will request the concurrence of U.S. Fish and Wildlife and National Marine Fisheries Service with these determinations.
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 Boca Ciega Bay. 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: The project will not affect a federal channel, as it is not located on the Intracoastal Waterway. The canal channel on which the project is located is approximately 300 feet wide. The proposed work is not expected to adversely affect local navigation, as it does not extend more than 25% of the channel width (or 75 feet).
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, within 21 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, Tracy Hurst, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at tracy.e.hurst@usace.army.mil; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7063.
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.
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.