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:
Carolyn Thatcher
Tampa Bay Marina, Inc.
205 South Hoover Boulevard Suite 400
Tampa, Florida 33609
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Tampa Bay. The project site is located at 205 South Hoover Boulevard, Sections 19, Township 29 South and Range 18 East, Tampa, Hillsborough County, Florida.
Directions to the site are as follows: Follow Interstate I-4 to Interstate I-275 south toward Tampa International Airport - St. Petersburg. Exit at Exit 40A Westshore Boulevard. Make a slight left to take the CR-587 south ramp. Turn left on to N. Westshore Boulevard. Turn right on to W. Kennedy Boulevard (SR-60). Proceed to South Hoover Boulevard and turn left. The project site is located at 205 South Hoover Boulevard.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.941196°
Longitude: -82.536432°
PROJECT PURPOSE:
Basic: Dredging & reconfiguration of a marina with new boat slips & boat lifts.
Overall: The overall purpose of the project is to continue the marina renovations approved by the Corps in 2014 and never built, dredge the marina basin, construct 6 additional boat slips (89 boat slips total) and install 71 boat lifts.
EXISTING CONDITIONS: The project area is an existing operational two basin marina authorized by the Corps to be upgraded from 70 slips to 83 slips, installation of 24,600 square feet (SF) of new docks, replace 3,100 linear feet (LF) of seawall and dredge 14,426 cubic yards (CY) in 2014. However, the project completed the installation of 3,100 LF of seawall and 2,420 SF of docks for 38 slips only (west basin) before the permit expired in 2019.
The project site's area is highly urbanized city of Tampa with commercial and residential developments. The project site encompasses approximately 10.5 acres. The project is mapped on the National Wetland Inventory (NWI) as E1UBLx ((E) Estuarine; (1) Subtidal; (UB) Unconsolidated Bottom; (L) Subtidal; (x) Excavated) which is part of and directly connected to the Old Tampa Bay and the Gulf of Mexico. The area is open surface water with no other wetlands on site. The basin's perimeter is armored, and the basin consists of silty, mucky substrate. There are seagrasses and algae in varying densities along the shallow sandy margins of the dredged access channel. Seagrasses exist within the Old Tampa Bay waters, but none are located within the marina basin's existing deep water access channel. There are no mangroves onsite.
PROPOSED WORK: The project proposes to install six hundred and two (602) ten (10) inch diameter wood pilings to reconfigure the docking facilities, finish the installation of 20,295 SF of docks for the construction of the remaining 45 slips (83 slip total) as permitted in 2014, and the construction of 6 additional docks to increase the total number of slips to 89. The total dock SF includes 560 SF service dock with fuel dispensing & sanitary pump-out facilities. Additionally, the applicant proposes installing 71 boat lifts (optional). Also, the project proposes to dredge a total of 14,426 cubic yards of material from the marina basin to a depth of -8 ft MLW. The dredging total includes a minimum of 2,525 CY of dredging to reach the minimum required depth of -4 ft MLW in all boat vessel mooring areas. The dredge material will be collected, dewatered, and disposed of at a landfill. Using environmental turbidity controls and monitoring, return water from hydraulic dredging process would be discharged to 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 project considered the marina footprint, safety issues, and a desire to increase space between docked vessels in the design for the proposed project. Ultimately, project designs were limited to two dock configurations providing for up to 117 boat slips. However, after working with the local residents, the FWC, and the DEP, the applicant reduced the number of slips from 117 in its proposal to 89 to reduce boat traffic, the impact on the environment, and to provide an increased safety margin for both boaters and marine life, which results in a net improvement. The reduction to 89 slips reduces the number of docking spaces in the original proposal by 28 slips, but it's an increment of 6 slips from the previous Corps 2014 authorization. In addition, there are no mangroves on the project site, and existing seagrass beds are located outside the navigational channel and would not be impacted.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: There is no mitigation proposed for the project. There are no seagrasses or mangroves located within the project footprint that would be impacted by the proposed maintenance dredging of the marina basin and navigation channel. There is no proposed permanent loss of wetland or submerge aquatic vegetation habitat.
CULTURAL RESOURCES: The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the permit area has been so extensively modified by previous impacts that a significant loss of archeological integrity to historic properties is presumed, the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES: The Corps has determined the proposed project “May affect, not likely to adversely affect” the Piping Plover (Aphelocoma coerulescens), the West Indian manatee (Trichechus manatus), Wood stork (Mycteria americana), Green sea turtle (Chelonia mydas), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta), Smalltooth sawfish (Pristis pectinata) (STSF).
Wood stork (Mycteria americana): The project area is located within the Wood Stork foraging area. However, the proposed activities would not directly or indirectly impact the Wood Stork or suitable foraging habitat for the specie. Based upon the review of the Wood Stork Key for South Florida Ecological Services Office dated September 2010, the proposed project resulted in the following sequential determination: A = “no effect” the wood stork. This determination is based on the project not impacting suitable foraging habitat (SFH). Based upon the “no effect” determination for the Wood Stork, no further coordination is required.
Piping Plover (Aphelocoma coerulescens): The project area is located within the Piping Plover Consultation Area. According to the 22 May 2013 Programmatic Piping Plover Biological Opinion, Piping Plover habitat includes publicly owned land where coastal processes are allowed to function, mostly unimpeded. It generally does include public lands consisting of parks, preserves, and natural undeveloped shorelines and dunes. Piping Plover wintering habitat includes beaches, mudflats, sandflats, and barrier island beaches and spoils islands (Haig 1992). Piping Plover can be seen on ocean beaches and sand or algal flats in protected bays (Wilkinson and Spinks 1994). The project boundaries are within such habitats. However, the project is an elevated boardwalk, and the support pilings would not change or impact the species habitat. Therefore, the Corps has determined that a “No effect” determination is appropriate, and consultation for the Piping Plover is not required.
West Indian (Florida) manatee (Trichechus manatus latirostris): Based upon the review of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, (the Key); the U.S. Army Corps of Engineers has determined the proposed project "may affect" the Manatee. The use of the Key resulted in the following sequential determination: A> B> C> D> E> F> G> H> I> J> L> M "May affect." Since the project would create a multi-slip facility in a county without a State-approved MPP, and the number of slips exceeds the residential dock density, further consultation with the Service is necessary for "May affect" determinations. Therefore, the Corps will initiate consultation by separate letter.
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 falls within the scope of the JAXBO. The Corps will request concurrence with this determination with 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 5 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 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 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.