SAJ-2002-05690 (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:

Directions to the site are as follows:  Take I-75 south to FL-60. Continue on FL-60 to causeway Boulevard.  Exit at 45 Causeway Blvd. The project is on the left after crossing the Clearwater Causeway bridge.

PROJECT PURPOSE:  Basic:  Marina Improvements.

Overall:  The overall project purpose is to conduct bulkhead replacement, marina basin maintenance dredge and dock replacements.

EXISTING CONDITIONS:  The City of Clearwater has operated the marina since the 1940s.  Historical aerial photographs show the marina established prior to 1951 and expanded as it exists today by 1965.  The area was part of the Federal Channel system authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 481).  Public Law 117-263 of December 23, 2022, Section 8329 Little Pass, Clearwater Bay, deauthorized the portion of the project for navigation, beginning with the most westerly 1,000 linear feet of the channel encompassing all of Cut H, to include the turning basin.

The project site includes a 165-wet slip marina with no dry slips.  The shoreline is armored with a bulkhead, and the docking areas cover approximately 38,289 square feet (ft2).  The proposed project area was previously authorized by the Corps for dredging in 2003. Based on the information provided by the applicant field surveys, seagrass / submerged aquatic vegetation was observed only in the southwest area of the proposed project.

PROPOSED WORK:  The applicant seeks authorization to conduct maintenance dredge, replacement of the bulkhead, and reconfiguration of the existing marina facility.  The proposed project entails demolishing 38,289 ft2 over‐water structures, including timber decking, deck and mooring pilings, kiosks, and over‐water buildings.

Piles that cannot be fully extracted will be cut off 2 feet below the mudline.  The project would conduct maintenance dredging of 68,792 ft2 of the marina basin totaling 6,262 cubic yards (cy), including a 1-foot overdredge allowance.  The dredged material will be transported upland to a temporary containment area for dewatering.  Once the dredge material is sufficiently dry, it will be transported and disposed of off‐site in the public landfill.  The project would also install 927 pilings to construct 25,405 ft2 of Fixed Timber Docks and Gangway Landing Platforms,  1,864 ft2 of Fixed Concrete Dock, 1,200 ft2 of Aluminum Gangways, 35,766 ft2 of Floating Concrete Docks (A, B, C, and D) totaling 64,235 ft2 of overwater structures.  Additionally, the project would partially demolish the existing reinforced concrete bulkhead cap and install 1,336 linear feet of steel sheet piles directly in front of existing concrete panels (within 18 inches) of the existing wet face to replace the bulkhead.

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 used the benthic resource survey that shows all proposal components avoid SAV in the area.  The project will comply with the 2011 Standard Manatee Conditions for In-Water Work and install permanent manatee education signage.  Additionally, the project will follow the Protected Species Construction Conditions.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The benthic resource survey indicated there were no resources within the project area, therefore NO mitigation is required as the project has zero impact on resources.

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:  Wood stork (Mycteria americana): The project area is located within the Wood Stork consultation and foraging areas. However, the proposed activities would not directly or indirectly impact the Wood Stork or suitable foraging habitat for the species.  Based upon the review of the Wood Stork Key for Jacksonville Ecological Services Office dated September 2008, the proposed project resulted in the following sequential determination: A> B> C = “not likely to adversely affect” (NLAA) the wood stork.  This determination is based on the project impacting less than 0.5 acre of suitable foraging habitat (SFH).  Based upon the “NLAA” determination for the Wood Stork, no further coordination is 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> G> N> O> P12 = “May affect, not likely to adversely affect”. The proposal is for the repair and rehabilitation of a multi-slip facility and: (1) is not located in an Important Manatee Area; (2) the number of slips is not increased; (3) the number of existing slips is not in question; and (4) the improvements to the existing watercraft access structures do not allow increased watercraft usage, no further consultation with the Service is necessary.

The Corps analyzed the effects from 10 categories of minor in-water activities occurring in Florida 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 the proposed project may affect but is not likely to adversely affect (“MANLAA”) the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata), Giant Manta Ray (Mobula birostris) and Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on Acropora sp. and its designated critical habitat, leatherback & hawksbill sea turtle and smalltooth sawfish critical habitat, and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox). 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.  The proposal would potentially impact areas utilized by various life stages of Penaeid shrimp complex; red drum; stone crab; spiny lobster; and/or the snapper/grouper complex. 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 217 feet 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. The area was part of the Federal Channel system authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 481).  Public Law 117-263 of December 23, 2022, Section 8329 Little Pass, Clearwater Bay, deauthorized the portion of the project for navigation, beginning with the most westerly 1,000 linear feet of the channel encompassing all of Cut H, to include the turning basin.

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-1983-00486, in the subject line within 21 days from the date of this notice.  Comments can also be submitted 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, in writing at the Tampa Permits Section, by electronic mail at Edgar.W.Garcia@usace.army.mil, by mail at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 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 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 (WQC) may be required from the Florida Department of Environmental Protection (FDEP).

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.