SAJ-2022-02321 (SP-PTR)

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 Roberts Bay.  The project site is located at the west terminus of Pine Bay Drive in Section 6, Township 37 S, and Range 18 E, Sarasota, Sarasota County, Florida.  Directions to the site are as follows:  Take I 75 south to exit 207 (Bee Ridge Road), turn right for approx. 5.3 miles, turn left onto Camino Real for approx. .5 miles and turn right onto Bay Pine Drive, follow until the end.

PROJECT PURPOSE:  Basic: Single-family residences with waterfront access.  Overall: The purpose of the project is to develop two (2) residential lots on Roberts Bay for residential use.

EXISTING CONDITIONS:  The two subject parcels vegetated areas consist of maintained grass areas and a saltwater marsh community. The wetland proposed to be impacted is a saltwater high marsh community occurring on the waterward edge of a residential subdivision.  The onsite vegetation consists of seashore paspalum (Paspalum vaginatum), sea-purslanes (Sesuvium spp.), sea oxeyes (Borrichia spp.), saltwort (Batis maritima), frog-fruit (Phyla nodiflora), nutsedge (Cyperus spp.), and other miscellaneous grasses and sedges, including St. Augustine grass (Stenotaphrum secundatum).  The existing upland area consists of predominately St. Augustine grass lawn which has been mowed and maintained for years. This lawn and associated maintenance have encroached on the wetland marsh community for years.  The property is adjacent to similarly landscaped and maintained upland residential homes and lawns.  A riparian mangrove fringe is located waterward of the marsh community along the shoreline of the property.  An open water bay (Roberts Bay) is located waterward of the mangrove fringe.  The access to both parcels is Pine Bay Drive. Pine Bay Drive is being extended to a cul-de-sac with a shared ingress/egress.

PROPOSED WORK:  The applicant seeks authorization to conduct the following activities: 

Parcel A:  Fill 1,200 square feet (SF) (0.028 acres) of disturbed saltwater high marsh wetlands for the construction of a single-family home on the north lot (Parcel A). This lot will also include construction of a 416 SF single-family dock with two slips, and maintenance dredging of approximately 6,463 SF (0.15 acres) of previously dredged shore parallel channel to a depth of -4 ft. MLW (-5.16 ft. NAVD88).  Approximately 478 cubic yards (CY) of sediment will be dredged, de-watered onsite and used as beneficial use for the construction of the single-family home on the parcel.

Parcel B:  Fill 7,901 SF (0.18 acres) of disturbed saltwater high marsh wetlands for the construction of a single-family home on the south lot (Parcel B).  This lot will also include construction of a 408 SF single-family dock with two slips, and maintenance dredging of approximately 8,460 SF (0.19 acres) of previously dredged shore parallel channel to a depth of -4 ft. MLW (-5.16 ft. NAVD88).  Approximately 783 CY of sediment will be dredged, de-watered onsite and used as beneficial use for the construction of the single-family home on the parcel. It was confirmed that water depths within the proposed mooring area and channel at the subject properties were approximately -1 foot to -2.8 feet at mean low water.

Dredging for both Parcel A & B:  Dredging will be accomplished during daylight hours for approximately one week using small barge or diver/hand operated hydraulic dredge units. The material will be vacuumed off the bottom and sent through a hose to a container parked in the uplands on the residential property. The filtered water will be returned to the work area which will be contained by a double turbidity curtain. Once the container is full of mostly dewatered sediment, the sediment will be removed and deposited within uplands of the property. The sediment will be used as part of the construction fill needed for the proposed single-family homes.

The total impact for both Parcel A & B is as follows:  Fill: 0.21 acres of low-quality high marsh wetlands.  Dock Structure: 824 SF.  Dredging: 0.34 acres and 1,261CY of sediment for beneficial use.

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 original property was subdivided into Parcel A and Parcel B. This subdivision allowed for construction of a single-family home on each parcel.  Parcel A is 0.44 acres in area.  Parcel B is 0.66 acres in area.  Parcel A and Parcel B homes are designed to be two (2) stories in height (two levels) which further serves to reduce the ground footprint of the structure and reduce the amount of fill necessary. During the review conducted by the Florida Department of Environmental Protection (FDEP), the fill footprint within wetlands for the home site on Parcel B was reduced by 2,086 square feet.  The proposed fill area for each of the homes has been minimized by using riprap to effectively stabilize a 2:1 slope.  An approximate 198 SF elevated wooden walkway/boardwalk has also been added to the design of the home on Parcel B to facilitate A.D.A access to nearby uplands along the waterfront while also further reducing wetland fill impacts. 

The applicant has indicated that wetland impacts have been reduced from the original design as much as possible without having to resort to more expensive vertical designs or reduction in living area footprint.  The higher quality portion of the wetland areas on the property will not be impacted, and the proposed mitigation will provide greater ecological value than the existing habitat. No septic systems will be installed. This further limit the fill impact on the site and any potential leaching of pollutants into bay waters or special aquatic sites.  Silt fences and turbidity curtains will be used during construction to contain any dredged or fill material and prevent pollution of bay waters or special aquatic sites.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  To offset unavoidable impacts to both Parcel A and Parcel B (0.21 acres of low-quality high marsh wetlands) that will occur from the proposed activities, the applicant has proposed to purchase 0.11 herbaceous saltwater wetland mitigation credits (State and Federal) from Little Pine Island Mitigation Bank (SAJ-1994-00037).

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 has reviewed the project impacts to several listed species as researched. The following species have been determined to be “No Effect”.

1. Piping Plover (Charadrius melodus) – no suitable habitat or nesting area.
2. Florida Bonneted bat (Eumops floridanus) – no suitable habitat or nesting area. No tree removal associated with the project.
3. Wood Stork (Mycteria americana) – no suitable foraging habitat or nesting habitat
4. Eastern Indigo snake (Drymarchon couperi) – no suitable habitat or refugia

The following species are currently being reviewed under the Jacksonville Biological Assessment (JAXBO) procedure.

1. Smalltooth sawfish (Pristis pectinate)
2. Sea Turtles – Green (Chelonia midas), Hawksbill (Eretmochelys imbricata) Kemps Ridley (Lepidochelys kempii), Leatherback (Dermochelys coriacea), and Loggerhead (Caretta caretta)
3. Gulf Sturgeon (Acipenser oxyrhynchus desotoi) 

The Corps has made the initial determination that the proposed project May Affect but is Not Likely to Adversely Affect (MANLAA) the West Eastern Manatee (Trichechus manatus) or its designated critical habitat. The project area is within an area designated as an Important Manatee Area (IMA). 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. 

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.  The maintenance dredging activities proposed by the project was initially dredged before 1969. Over time this channel has silted in, due to natural occurrences.  This channel has historically been dredged and currently needs maintenance dredging for safe and reliable navigation. The dredge footprint has been minimized to only what would be considered safe navigation width and depths to -4.0 Mean Low Water (MLW) to match the adjacent channels.  The proposed hydraulic dredging would impact an area of substrate approximately 0.34 acres. The information submitted included a copy of the FWC resource maps and onsite photos which indicate seagrass present within the dredge footprint. Information submitted indicate seagrass beds consist only of sparse shoal grass (Halodule wrightii) with approximately 1-10% cover depending on the location. The cover is patchy and sporadic due to this area being previously dredged and in such proximity to mangrove tree cover/shading. Water clarity in this part of the bay is also significantly reduced compared to the larger areas of Sarasota Bay further north. A thick accumulation of drift algae including Acanthophora spicifera and Gracilaria sp. Were also noted within the project area. A seagrass survey was not submitted.

Mangroves are present along the shoreline of the subject properties. There are no impacts proposed from the filling of the single-family home areas. The proposed docks have utilized either current openings or sparse vegetated openings for the access docks. Trimming of mangroves is proposed but no removal.

Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the project area.  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 proposed activity is not located in the vicinity of a federal navigation 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 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, 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, Peter Romano, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at peter.t.romano@usace.army.mil; 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.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Florida Department of Environmental Protection (FDEP).  All project activities have been authorized under FDEP permit nos. 0404097-002 through 007.

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.