SAJ-2023-01171 (SP-RSS)

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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

WATERWAY AND LOCATION: The project will affect the waters of the United States associated with Lake Tarpon. The project site is located at the Cobbs Landing Community Dock, near the intersection of Shoreline Dr and Shoreline Cir, Palm Harbor, Section 32, Township 27 South, Range 16 East, Pinellas County, Florida.

Directions to the site are as follows: Take FL-60 W towards Clearwater. Keep right to continue on Exit 3 towards County Rd 576/Memorial Hwy/Eisenhower Blvd/Air Cargo. Use the left lane to turn left onto Memorial Hwy. In 0.1 miles, take a slight left towards County Rd 576. Merge onto County Rd 576 and continue for 2.4 miles. Use the left three (3) lanes to turn left onto W. Hillsborough Ave. Continue for 2.2 miles and then keep right to continue on State Rd 580 W/W Hillsborough Ave for 3.5 miles. Continue straight onto FL-584 W/Tampa Rd and keep straight to stay on Tampa Rd. Turn right onto Lake St. George Dr. Turn right onto Highlands Blvd. Continue straight on Alderman Rd. Turn right on Shoreline Dr. Destination will be on the left.

PROJECT PURPOSE:  Basic: provide the Cobbs Landing Community with updated water access.

Overall: meet the Cobbs Landing Community’s need for dependable water access to Lake Tarpon by improving the existing marina.

EXISTING CONDITIONS: The Cobbs Landing Community Dock is an existing marina, consisting of forty-two (42) boat slips and one (1) boat ramp. Forty (40) slips are configured across two (2) docks, with two (2) staging slips connected to the boat ramp. Dock 1 is positioned along the northwestern end of the shoreline. It consists of a 6-ft by 186-ft access walkway which connects to two (2) 5-ft by 85-ft catwalks, positioned to the right of the walkway, parallel to the shoreline. Each catwalk consists of six (6) 2.5-ft by 17-ft finger piers which allow for a total of twenty-four (24) wet slips. Dock 2 is positioned along the southeastern end of the shoreline. Sixteen (16) slips are positioned along two (2) 5-ft by 85-ft catwalks, each equipped with four (4) 2.5-ft by 17-ft finger piers. The catwalks run parallel to the shore and connect to left side of the main 6-ft by 186-ft access walkway. The entire marina encompasses an area of approximately 5,247 square feet (SF).    The marina was originally constructed in 1986, according to the Pinellas County Property Appraiser website (Record No.: 32-27-16-00000-420-0200). There is no record of the structure through Florida Department of Environmental Protection (FDEP). The Corps permitted the access dock connected to the boat ramp on November 25, 1992 (Permit No.: 1992-40787). There is no other record of the marina located through the Corps or Pinellas County. 

This project is located within Lake Tarpon which is mapped in the National Wetlands Inventory (NWI) as L1UBH: Lacustrine (L), Limnetic (1), Unconsolidated Bottom (UB), and Permanently Flooded (H). Since Lake Tarpon is subject to the ebb and flow of the tide, no official JD is required as it is a navigable water, jurisdictional under Section 10 of the Rivers and Harbors Act (33 USC 403).

PROPOSED WORK: The applicant seeks authorization to modify an existing community marina at Cobbs Landing in Palm Harbor, Pinellas County. The existing boat ramp and Dock 2 will remain as is and will not be affected by construction. Dock 1, however, will be rebuilt and modified. The existing 6-ft by 186-ft access walkway will be re-decked, and the existing pilings will remain in place. The catwalk and finger piers closest to the shoreline will be re-decked and the existing pilings will be replaced in the same footprint. The catwalk will remain 5-ft by 85-ft and the six (6) finger piers will remain 2.5-ft by 17-ft. No wet slips will be reconfigured along the first catwalk. The second catwalk, located near the end of the access walkway, will be removed and rebuilt into an observation deck/fishing pier, measuring 16-ft by 85-ft. The pier will be positioned to the right of the walkway, in approximately the same footprint as the existing catwalk. The removal of the catwalk will result in a loss of twelve (12) wet slips. A total of eighty-one (81) 12-inch diameter wood pilings will be installed via impact hammer. The total project will encompass an area of 3,156 SF, plus an additional 63.62 SF of substrate impacts from the piling installation.   

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following explanation why compensatory mitigation should not be required:  The applicant states no essential fish habitat (EFH) such as submerged aquatic vegetation (SAV), mangroves, corals, live hardbottom, or oysters are present in the project vicinity. This project also involves the reconfiguration and reconstruction of an existing structure. The project will be accomplished in accordance with Sea Turtle and Smalltooth Sawfish Construction Conditions and all applicable Jacksonville District Biological Opinion (JAXBO) Project Design Criteria (PDCs) for in-water activities. According to the applicant, based on this information provided, compensatory mitigation should not be required for the proposed project. The Corps has determined no mitigation is required because the activity consists of construction of structure that would not adversely impact aquatic resources.

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: The Corps has determined the proposed project may affect but is not likely to adversely affect (NLAA) the Wood Stork (Mycteria americana) or its foraging habitat. Based on the North and Central Florida Wood Stork Consultation Key (September 2008), the Corps determination the following sequence: A > B > NLAA. The project is within suitable foraging habitat (SFH); however, the site is farther than 2500 ft from a colony site and the impact to SFH will be less than 0.5 acres. No further consultation with U.S. Fish and Wildlife Service (USFWS) will be required.

The project is located within the USFWS eastern indigo snake (Drymarchon couperi) consultation area. Based on the North and Central Florida eastern indigo snake Programmatic Effect Determination Key (August 12, 2013), the proposed project will have “no effect” on this species and no further consultation with USFWS is required.

This project is located within USFWS rufa red knot (Calidris canutus rufa) consultation area. There is currently no critical habitat established for the red knot; however, USFWS is proposing the designation of critical habitat (FR 88 FR 22530 22693). The project site does not support suitable habitat for rufa red knots as the project is not located in a beach habitat and is entirely within the water. The Corps has determined the project will have no effect on red knots and no further consultation with USFWS will be required.

The project is not located within West Indian Manatee (Trichechus manatus) consultation area, designated Important Manatee Area (IMA), or a Warm Water Aggregation Area (WWAA). Lake Tarpon is typically inaccessible to manatees due to the presence of flood control gates that effectively cutoff Lake Tarpon from Old Tampa Bay. The 2013 Manatee Key and May 2019 Addendum resulted in a determination that the proposed project “no effect” the West Indian Manatee (A > No Effect).

The Corps has determined the proposed project may affect but is not likely to adversely affect (MANLAA) loggerhead sea turtles (Caretta caretta), Kemp’s ridley sea turtles (Lepidochelys kempii), green sea turtles (Chelonia mydas), hawksbill sea turtles (Eretmochelys imbricata), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata) and giant manta rays (Manta birostris). The Corps evaluated the proposed work utilizing the National Marine Fisheries Service (NMFS)—Jacksonville District’s Programmatic Biological Opinion (JaxBO) dated November 20, 2017. The Corps will request confirmation of coverage under the JaxBO pursuant to the JaxBO Activity 2 process.

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 impact approximately 0.79 acres of sand and mud, unconsolidated bottom utilized by various life stages of freshwater species. Lake Tarpon does not contain any EFH or Federally managed fisheries. However, Lake Tarpon does connect to Old Tampa Bay via Lake Tarpon Canal. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Old Tampa Bay. 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 marina reconstruction 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 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, 10117 Princess Palm Ave Ste 120, Tampa, FL 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, Rachel S. Somerville, in writing at the Tampa Permits Section, 10117 Princess Palm Ave Ste 120, Tampa, FL 33610; by telephone at (904)232-1444; or by electronic mail at rache.s.somerville@usace.army.mil.

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.

WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Southwest Florida Water Management District (SWFWMD).  The project is currently under review at the SWFWMD under application No. 867622.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.