SAJ-2005-02879 (SP-EWG)

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:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Tampa Bay.  The project is located at the City of Tampa, in Section 5, Township 30 South, and Range 18 East, 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.  Continue for 3.5 miles (Note: N. Westshore Boulevard turns into S. Westshore Boulevard) Turn right onto W. Fair Oaks Avenue.

PROJECT PURPOSE: Basic: Residential dock marina, maintenance dredging and Multi-use residential development.   Overall:  To continue the redevelopment of a former rental community as in-fill master-planned waterfront residential community and marina with related infrastructure as previously authorized by the Corps.

EXISTING CONDITIONS:  The project site sits on a 162.3 acre property with approximately 18,945 feet of shoreline which has been cleared for the ongoing redevelopment. The site formerly contained the Georgetown Apartments and associated infrastructure, a 159-slip private marina, a boat ramp, and fallow land. The project site includes eight dead-end canals and a tidal lagoon. The former apartments were constructed intermittently from the 1960s through the early 1980s. The existing canal system was constructed in the late 1960s and early 1970s.

On 4 September 2009, the Corps authorized the development of a 162.3 acre site by demolishing the apartment buildings and marina to construct a variety of residential units.  The existing total slip count at the project site was 174 slips.  The 159 slip marina was authorized to be reconfigured to accommodate approximately 90 boats, and 15 residential docks within the canals were to be replaced with 99 residential slips.  The project would total 189 slips.  The project required 7.22 acres of permanent impacts to Corps jurisdictional wetlands and waters, including the filling of 0.59 acres of wetlands for shoreline revetments and seawall construction, 6.48 acres of new dredging, including dredging of 3.26 acres of mangrove and saltmarsh habitat, and 0.15 acres of shading impacts to mangroves and seagrasses from dock construction.

Additionally, the project required 7.86 acres of temporary impacts to Corps jurisdictional waters, including 0.55 acres of impacts to sand flats for breakwater and groin construction, 3.48 acres of impacts to sand flats for construction access for breakwater and groin construction, and 3.83 acres of impacts for mitigation enhancement and restoration construction.  The project included 7,950 cubic yards of maintenance dredging from 6.62 acres of existing navigational channels.  The project, as authorized, would Mitigate by creating and restoring 3.94 acres of wetlands and enhancing 3.52 acres of wetlands.

Subsequent modifications extended the project's construction window.  On 29 September 2016, the permit was modified to eliminate the onsite marina and relocate the proposed 90 slips to the residential canals.  Thus, a total of 189 slips would reside within the canals.  Also, the modification eliminated an internal access road from the site plan and the onsite wetland mitigation in favor of a mitigation bank and realigned the seawalls.  The modifications did not result in any increases in wetland impacts or slips over previous authorizations.  The modification required the permittee to provide compensatory mitigation by purchasing 1.5 Estuarine Intertidal Forested Wetland Rapid Assessment Procedure (WRAP) credits from the Tampa Bay Mitigation Bank.  The remaining authorized wetland impacts are unchanged in the modified development plan.

The majority of the canals consist of a mix of open water and mangrove vegetated shorelines; except for the canals adjacent to the former apartments where seawalls had been installed as a part of the original rental community. The sea walled canals are characterized by deep open water with little to no shoreline vegetation as a result of the water depths along the seawalls. The remaining canals consist of several that have been previously cleared as part of ongoing site redevelopment development and several others which are heavily vegetated by various mangrove species and are proposed to be preserved.  The lagoon is a deep-water (±18 feet) borrow pit excavated along the western extent of the property, adjacent to Old Tampa Bay. The remainder of the site was open land dominated by weedy grasses and forbs, and woody species such as cabbage palm (Sabal palmetto), Brazilian pepper (Schinus terebinthifolia), Washington fan palm (Washingtonia robusta), melaleuca (Melaleuca quinquernervia), Australian pine (Casuarina equistetifolia), laurel oak (Quercus laurifolia), live oak (Quercus virginiana), and sand live oak (Quercus geminata).

PROPOSED WORK:  The applicant requests the reauthorization of the previously approved work, which was not completed before the 1 September 2022 permit expiration date.  The redevelopment plan included the construction of a residential community with associated infrastructure, shoreline stabilization, and maintenance dredging of the existing canals and adjacent navigation channels.  The proposed work consists of 15.99 acres of temporary impacts associated with maintenance dredging, dock construction, and wetland enhancement, a 0.01-acre wetland fill impacts associated with the seawall repair, and the construction of 189 boat slips (90-slip marina and 99 residential docks).  The project also includes the interconnection of several existing canals to eliminate the dead-end features and allow for increased tidal water circulation to meet the state water quality flushing requirements.

Although the project was unable to finish by the end of the permit construction window, the authorized impacts have been mitigated through the purchase of 1.5 Estuarine Intertidal Forested Wetland (WRAP) credits from the Tampa Bay Mitigation Bank.  The impacts requested for reauthorization include a 0.011-acre fill impact for two impacts associated with the sea wall & upland retaining wall construction, 13.1 acres of maintenance dredging (6.48 acres of Canals 1 - 4 and 6.62 acres of the north and south navigation channel), a 0.1-acre impact from residential dock construction, a 0.05-acres disturbance impact from a boardwalk, and a 2.74 acre wetland impact resulting from the regrading of a Brazilian pepper dominated wetland as a part of the planned wetland enhancement effort.  The fill impacts are classified as permanent, while the remainder are temporary.  There are no proposed mangrove or seagrass impacts for the canal maintenance dredge areas and the navigation channel maintenance dredge limits.

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 was evaluated by the Corps as evident by the issuance of an Individual Permit in 2009.  The information provided in the initial permit application is still sufficient and applicable for this project.  There are no proposed mangrove or seagrass impacts for both the canal maintenance dredge areas and the navigation channel maintenance dredge limits.  The project would block off (cofferdam) each canal and dredge in dry allowing to ensure impacts are avoided and minimized for in-water species.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The proposal is a continuation of an ongoing project that was previously authorized by the Corps.  The applicant purchased credits from the Tampa Bay Mitigation Bank for unavoidable impacts and the credits have been assigned to the project.  Additionally, although the project did not provide for onsite mitigation, the site plan includes onsite wetland creation (1.51 acres), wetland enhancement (3.52 acres), and wetland restoration (0.13 acres). These wetland restoration efforts include exotic species removal, minor regrading, and planting of native saltmarsh vegetation.

CULTURAL RESOURCES:  The Corps 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:  The Corps made the following determinations pursuant to Section 7 of the Endangered Species Act.  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 the Central and North Peninsular Florida dated September 2008, the proposed project resulted in the following sequential determination: A>B = “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 area that may be used by the Piping plover an elevated boardwalk would be installed, 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 U.S. Fish and Wildlife Service FWS Log No. 41910-2006-F-0339 Biological Opinion (BO) of 2006, and since the proposal is to finish the construction that the applicant was unable to complete in 2022, and there are no changes to the project, the U.S. Army Corps of Engineers has determined the proposed project “may affect, not likely to adversely affect” (MANLAA) the Manatee.  The Corps made the determination of “MANLAA” for the West Indian manatee and its designated critical habitat was appropriate given the actions the applicant would take to avoid and minimize risks to manatees, the applicant following the Standard Manatee Conditions for In-Water Work of 2011, the applicant using cofferdam method for dredging the canals in the dry to avoid impacts to in-water species, project avoiding submerge aquatic vegetation (SAV), the project location having approximately 18,945 linear feet of shoreline, the project location which includes “slow speed all year” zones established by the Florida Fish and Wildlife Conservation Commission (FFWCC) and is located within a “Slow Speed/Minimum Wake Zone” established by Hillsborough County, following all special conditions of the Corps permit and the Service BO.  The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps originally consulted with the National Marine Fisheries Service (NMFS) Protected Resource Division and received concurrence with its MANLAA determination pursuant to Section 7 of the Endangered Species Act for the smalltooth sawfish and swimming sea turtles on 16 June 2008. Additionally, 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. Other that the project exceeding the limited to a maximum of 50 total slips,  the project is consistent with the scope of the JAXBO.

Based upon the review of NMFS letter of 2008 and since the proposal is to finish the construction that the applicant was unable to complete in 2022, there are no changes to the project, there are no proposed mangrove or seagrass impacts for both the canal maintenance dredge areas and the navigation channel maintenance dredge limits, the project following all special conditions of the original Corps permit, and the applicant wiliness to follow JAXBO’s Project Design Criteria (PDC)  and the project, the Corps determined the proposed project “may affect, not likely to adversely affect” (MANLAA) the aforementioned species. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

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 project location provided by the applicant, the waterward edge of the work is 2.3 Nautical Miles away from the near bottom edge of the Tampa Harbor Zone 5, 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.

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 by electronic mail to Edgar.W.Garcia@usace.army.mil with the project number, SAJ-2005-02879 in the subject line, within 21 days from the date of this notice. Comments can also be submitted in writing at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302.

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.

Evaluation of the impact of the activity on the public interest may 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.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Southwest Florida Water Management District.

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.