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:
APPLICANT: City of St. Petersburg
Attention: Mr. Daniel (Evan) Mory
P.O. Box 2842
St. Petersburg, FL 33731
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Tampa Bay. The project site is located at an existing seawall in the North Yacht (Vinoy) Basin adjacent to 375 Bayshore Drive NE, in Section 19, Township 31 South, Range 17 East, St. Petersburg, Pinellas County, Florida 33731.
Directions to the site are as follows: From I-275 S, take exit 23A to merge onto I-375 E. Merge onto 4th Ave N. Turn right (south) onto 1st Street NE. Turn left (east) onto 2nd Ave NE. Turn left (north) onto Bayshore Drive NE and North Yacht Basin will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.776336
Longitude -82.63029
PROJECT PURPOSE: Basic: Water access.
Overall: Water access to provide ferry service as an alternative means of transportation between Tampa and St. Petersburg.
PERMITTING HISTORY: On September 15, 2016, the Corps authorized a six (6) month pilot project for the Tampa-St Petersburg Cross-bay ferry under a Letter of Permission (LOP). The LOP authorized removal of four existing wooden piles along the south seawall of the North Yacht Basin and installation of a 1,600 square foot floating dock accessible via a 300 square foot ramp secured to the seawall. The dock was to be in place for six (6) months to moor a 100-foot-long passenger ferry that would travel between the mooring location in the North Yacht Basin and the transfer location at the Tampa Convention Center. The docking structures were to be removed upon completion of the six-month pilot program. The 2016 LOP was modified five times allowing the City to run six (6) additional trial ferry seasons.
EXISTING CONDITIONS: The project is located at an existing seawall along the western shoreline of North Yacht (Vinoy) Basin which is mapped on the National Wetlands Inventory (NWI) as E2AB/USM ((E) Estuarine, (2) Intertidal, (AB) Aquatic Bed, (US) Unconsolidated Shore (M) Irregularly Exposed) in shallow areas directly adjacent to the shoreline and as E1UBL ((E) Estuarine, (1) Tidal, (UB) Unconsolidated Bottom, (L) Subtidal) in deeper areas of the basin. North Yacht Basin is connected to the Gulf of Mexico via Tampa Bay.
North Yacht Basin encompasses approximately 25-acres and hosts an existing 74 slip marina which accommodates vessels up to 120-feet. All sides of the basin are armored with concrete seawall. Uplands surrounding the project area are densely developed with exception of a few small public parks surrounding the basin.
A submerged resource survey was conducted for the project site on September 5, 2023. According to the report, bottom sediments within 35- to 40-feet of the seawall consist of sand or shelly sand. Sediments in deeper areas of the basin consist of black silty sand and muck. One (1) small area of submerged aquatic vegetation (SAV) consisting of three (3) turtle grass (Thalassia testudinum) shoots was located just north of the proposed ferry dock location. Eastern oysters (Crassostrea virginica) were observed on the seawall, but no continuous oyster beds were observed within the surveyed area. The project is not expected to impact to aquatic resources.
PROPOSED WORK: The applicant seeks authorization to install a floating dock consisting of four (4), 10-foot-wide by 20-foot-long barges secured together and anchored to the substrate with five (5) 18-inch diameter metal spuds. The dock will be accessible via a 4-foot-wide by 50-foot-long gangway with handrailing secured to the seawall. The entire structure will cover 1300 square feet over water. The proposed floating dock will serve as the loading platform and mooring location for the Cross-Bay Ferry service vessel(s). The 100-foot-long passenger vessel will travel between the mooring location in the North Yacht Basin and the transfer location at the Tampa Convention Center. The service will operate year-round and travel the approximately 50-minute trip across the bay up to five (5) roundtrips per day.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The project would not adversely affect aquatic resources; therefore, no mitigation should be required.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect but is not likely to adversely affect the smalltooth sawfish (Pristis pectinata), giant manta ray (Mobula birostris), Gulf sturgeon (Acipenser oxyrinchus desotoi) and swimming sea turtles (green sea turtle (Chelonia mydas) Kemp's Ridley sea turtle (Lepidochelys kempii) and loggerhead sea turtle (Caretta caretta)). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on the wood stork (Mycteria americana), Eastern black rail (Laterallus jamaicensis ssp. jamaicensis), red knot (Calidris canutus rufa), or Eastern indigo snake (Drymarchon couperi).
The Corps has determined the proposed project may affect the West Indian Manatee (Trichechus manatus). The Corps will request initiation of formal consultation with the Fish and Wildlife Service 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 1300 square feet of unconsolidated bottom habitat potentially utilized by various life stages of red drum, reef fish, shrimp, coastal migratory pelagics, and Atlantic sharpnose shark (Gulf of Mexico Stock; juvenile and adult). Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the 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 structure 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.
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, Suite 120, Tampa, Florida 33610, within thirty (30) 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, Barbara M. Cory at the Tampa Permits Section at 10117 Princess Palm Ave., Suite 120, Tampa FL 33610, by email at barbara.m.cory@usace.army.mil, or by telephone at (813) 697-2870.
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).
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.