SAJ-1986-00683 (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 Old Tampa Bay which flows into the Gulf of Mexico via Tampa Bay. The project site is located at The Getaway docking facility, 13090 Gandy Blvd N, St. Petersburg, Section 16, Township 30 S, Range 17 E, Pinellas County, FL 33702.

Directions to the site are as follows: From I-75, take FL-618 Toll/Selmon Expy (toll road) to US-92 W/ W Gandy Blvd in Tampa. Continue onto FL-618 Toll/Selmon Expy and in 5.6 miles keep left to stay on FL-618 Toll/Selmon Expy. In 7.8 miles, keep right to continue toward FL-618 Toll W/Selmon Expy. Merge onto US-92 W/W Gandy Blvd. In 4.8 miles, destination will be on the left.

PROJECT PURPOSE: Basic: provide updated water access to patrons of the Getaway.

Overall: provide safer, more dependable structures to assist loading/unloading vessels.

EXISTING CONDITIONS: The proposed project site is located in a developed, commercial area, directly south of Gandy Blvd. The existing dock facility is located to the waterward southwest of The Getaway - a full-service restaurant - and associated parking lot. There is also a small beach area with limited water access to the southeast of the restaurant. Patrona Coastal Café is northwest of the closest finger pier, positioned between two (2) parking lots. There are two (2) yacht service centers located to the west of the project site. A mangrove swamp is positioned to the south of the project site within Old Tampa Bay and Gandy Beach is located to the east. Mangroves are also present along the shoreline of Gandy Beach.

The original dock facility was permitted by Pinellas County on October 25, 1965 (Record No.: WND-H-3441-65). The record did not detail what structures were authorized to be constructed. On May 13, 1987, the US Army Corps of Engineers (Corps) permitted the removal of two (2) existing docks and the construction of a 110-ft extension to an existing dock under Permit No. 86IPQ-20683. This project created an additional ten (10) boat slips. The permit also authorized the installation of mooring piles, maintenance dredging, replacement of a wooden seawall with an aluminum seawall, and the discharge of minimal backfill. No additional authorizations were found from the Corps, Pinellas County, or Florida Department of Environmental Protection (FDEP).

There are currently seven (7) finger piers and one (1) access dock associated with the project site. Six (6) of the existing finger piers measure 3.6-ft by 11.6-ft (250.56 square feet (SF) total). The most waterward pier measure 3.6-ft by 38.3-ft (137.88 SF). The access pier is approximately 6.5-ft by 100.5-ft (653.25 SF). There is also a 2,710.51 SF boardwalk that wraps around the shoreline, stretching from the area near Patrona Coastal Café to the small beach access. The existing structures encompass an area of approximately 3,098.95 SF, total.  There is no submerged aquatic vegetation (SAV), corals, live hard bottom, or any addition essential fish habitat (EFH) within the project vicinity. All mangroves near the project site will not be affected by construction.

PROPOSED WORK: The applicant is proposing to reconstruct an existing multi-slip docking facility. The seven (7) existing finger piers will be removed, resulting in the loss of 388.44 SF from the existing structures. The three (3) piers closest to the shoreline will not be replace. Four (4) new floating finger piers will be installed in the same alignment as the previously existing piers. An additional floating finger pier will be installed to the right of the most waterward pier in a new footprint. Each pier will measure 4-ft by 40-ft (160 SF) and will include a sloped gangway. The gangways will be positioned over the piers and will not increase the square footage of the project. Decking boards will be spaced ½ inch apart. The existing access dock will not be altered during construction.

A new fixed access dock will be installed in the footprint of the three (3) removed piers. The access dock will consist of a 5-ft by 8-ft platform connected to a 4-ft by 6-ft gangway. The gangway slopes to a 4-ft by 56-ft walkway that leads to an ‘L’ shaped 4-ft by 8-ft, 4-ft by 29-ft walkway. The piers and walkways will be approximately 1,236 SF, total. A floating dock will be installed to the left of the small beach access point associated with the adjacent restaurant. A 4-ft by 12-ft gangway (with 9-ft of length proposed over water) will lead to a 12-ft by 16-ft floating dock. The gangway and dock will encompass an area of approximately 228 SF.

A total of twenty-two (22) 12-in diameter wood pilings will be installed via vibratory hammer. There are currently twenty-five (25) slips established within the multi-slip facility. The project will not result in an increase in the number of slips as no additional slips are proposed. The eight (8) ties poles will be removed and will not be reinstalled. The fixed dock will rise approximately 1-ft above the mean high-water line (MHWL). The new project will encompass an area of approximately 1,464 SF. The total new and existing dock structures will encompass an area of approximately 4,114.16 SF. Project design is depicted in ATTACHMENT 1.

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 will be constructed using the Standard Manatee Conditions for In-Water Work, the Sea Turtle and Smalltooth Sawfish Construction Conditions, and applicable Jacksonville District Biological Opinion (JAXBO) Project Design Criteria (PDCs) for In-water Activities. Construction will be limited to daylight hours and will be performed from a floating barge and/ or in the uplands. Floating turbidity barriers will surround the project area to minimize turbidity and prevent suspended solids from leaving the construction and demolition areas.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:

The applicant states no shoreline or submerged aquatic vegetation is identified at the site or within the project area. There is a mangrove swamp located outside the project limits that will not be affected by construction or in-water activities. The project will also not result in any additional mooring, slips, or boatlifts. According to the applicant, based on this information provided, compensatory mitigation should not be required for the proposed project. The Corps will therefore not require mitigation unless additional information is provided that would indicate the need to mitigate for adverse effects.

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 U.S. Army Corps of Engineers (Corps) has determined the project may affect, not likely to adversely affect the West Indian Manatee or its designated critical habitat. This determination was made using the 2013 Effect Determination Key for the Manatee in Florida. Pursuant to the key, further consultation with U.S. Fish and Wildlife Service (FWS) is necessary due to the nature of the project.

The Corps has determined the project may affect but is not likely to adversely affect the Wood Stork or its designated critical habitat. This determination was made using the North and Central, FL Wood Stork Consultation Key. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary. The Corps will request Fish and Wildlife Service's concurrence with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposed project would have no effect on the Eastern indigo snake as no suitable habitat is found onsite. The project may affect, but not likely to adversely affect piping plovers or rufa red knots due to the nearby beach habitat. The Corps will request FWS' concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

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 0.4 acres of estuarine habitat utilized by various life stages of red drum, reef fish, shrimp, coastal migratory pelagic species, and Atlantic Sharpnose Shark (Gulf of Mexico Stock). Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within Old Tampa Bay and 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: The proposed structures and activities are 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 Jacksonville District Office, 701 San Marco Blvd, Jacksonville, FL 32207 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 Jacksonville District Office, 701 San Marco Blvd, Jacksonville, FL 32207; by electronic mail at rachel.s.somerville@usace.army.mil; or, by telephone at 904-232-1444.

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: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 52-0135260-001-EI.

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.