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: Jack D. Fulford
Midcoast Construction Enterprises & Midcoast Marine, LLC.
1078 Island Avenue
Tarpon Springs, Florida 34689
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Anclote River. The project site is located at 1078 Island Avenue, Sections 12, Township 27 South and Range 15 East, Tarpon Springs, Pinellas County, Florida.
Directions to the site are as follows: From I-75, take State Road 54 West (Exit 275), turn left onto Trinity Blvd, and left onto East Lake Road N (Route 611), right onto Keystone Road / East Tarpon Avenue (Route 582), and then right onto US Alternate Route 19A. Turn left onto Anclote Road, then left onto Island Avenue. Continue on Island Avenue for 0.24 miles. The project is located in the Anclote River Federal Channel.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.156154°,
Basic: Construction of a Marina with boat lifts.
Overall: The overall purpose of the project is to repurpose a commercial dock and construct a 21 slip marina with boat lifts.
EXISTING CONDITIONS: The Anclote River is used by commercial and recreational fishermen, as well as recreational watercrafts, which can be accessed via the 8.5-mile long federal navigation channel. The project location was historically a dock used for shrimping and commercial fishing now in dilapidated state and disrepair. The project area has 1,051.21 feet of shoreline. The shoreline is composed of riprap, concrete bulkhead, concrete ramp, and seawalls. The waterway is part of the Anclote River federal channel at Cut-14 and Turning basin location.
The project site's area is highly urbanized city of Tarpon Springs with Industrial, commercial and Tourist areas. The proposed project area 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 Anclote River and the Gulf of Mexico. The area is open surface water with no other wetlands on site. The within the project site and across the waterway the shore is armored, and the substrate consists of rock and coarse sand.
PROPOSED WORK: The project proposes the demolition of the existing commercial fishing docking facilities and construction of a 21 slip marina with boat lifts. The project would install one hundred and fifty-two (152) fourteen (14) inch square concrete pilings by jetting and impact hammer to construct the marina. The project would build a 2,510 square feet main pier (approximately 418 ft by 6 ft), six (6) forty-feet (40) by four (4) feet finger piers, one (1) forty-feet (40) by five (5) feet finger pier, four (4) forty-five feet (45) by four (4) feet finger piers, one (1) forty-five feet (45) by four (6) feet finger piers, and two (2) marina access piers. Additionally, the project would construct 21 boat lifts.
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, only net positive benefits. The applicant is effectively removing aging timer structures, these were old heavily soaked AQC treated timber piles of yesteryear, the demolition and removal of the old timber structures and piles will greatly benefit the waterbody and environment for years to come, the installation of concrete piles has no impact to resources, no leaching of chemicals. Seagrasses are not present; no impacts are expected. Insofar as pile driving, noise abatement is not warranted for the limited production pile estimate of 10-12 concrete piles per day.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: There is no mitigation proposed for the project.
CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES: 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 inside the near bottom edge of the Federal channel.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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.
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.