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: Timothy Lowe
Port Hudson Marina LLC
14333 Crab Trap Court
Hudson, FL 34667
WATERWAY AND LOCATION: The project will affect the waters of the United States associated with Hudson Creek. The project site is located at the Port Hudson Marina, 14325, 14329, 14333 Crab Trap Court, Hudson, Section 28, Township 24 South, Range 16 East, Pasco County, Florida, 34667.
Directions to the site are as follows: Take US-19 N to Clark St/State Hwy 595 A in Hudson. Turn left on Clark St/State Hwy 595 A. Turn right on Old Dixie Hwy. Turn left onto Hudson Ave/State Hwy 595 A. Slight right onto Port Hudson Blvd. Turn right onto Crab Trap Court. Destination will be on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.366001
Longitude: -82.706571
PROJECT PURPOSE: Basic: Increase water access at Port Hudson Marina.
Overall: Meet the needs of the community surrounding Port Hudson Marina for dependable water access to Hudson Creek and the Gulf of Mexico by improving the existing marina.
EXISTING CONDITIONS: The Port Hudson Marina is an existing facility, consisting of 186 dry slips storage with fueling operations, 102 wet slips, and 20,950 square feet (SF) of docking structures. The property includes approximately 4,800 linear feet (LF) of shoreline which is stabilized by a combination of riprap and seawall features. A boat ramp is also stationed to the immediate east of the dry storage facility to assist loading and unloading vessels. The marina was originally constructed prior to 1984, according to historic aerial images. There is no record of the original structure through Florida Department of Environmental Protection (FDEP) or the Corps. On September 3, 2002, the Corps authorized modifications to the existing marina under a Standard Permit (SAJ-2000-05050). Modifications included the addition of a 186-slip high and dry storage, 83 wet slips, removal of approximately 265 LF of seawall, and installation of approximately 975 LF of riprap. On August 24, 2017, FDEP authorized the construction of two (2) access ramps extending from the top of the seawall down to the existing floating main access dock (southeast end of marina), installation of thirty (30) tie poles adjacent to existing wet slips (north end of marina), and construction of six (6) floating finger piers along the southeastern end of the marina. These activities were permitted under the State Programmatic General Permit V (SPGP).
This project is located within Hudson Creek which is mapped in the National Wetlands Inventory (NWI) as E1UBLx: Estuarine (E), Subtidal (1), Unconsolidated Bottom (UB), Subtidal (L), and Excavated (x). Hudson Creek is a navigable waterway, subject to the ebb and flow of the tides, jurisdictional under Section 10 of the Rivers and Harbors Act (33 USC 403).
PROPOSED WORK: The applicant seeks authorization to modify and expand an existing multi-slip facility at Port Hudson Marina, Pasco County. The proposed activities will result in the addition of ten (10) new boat lifts and thirty-three (33) new permanent wet slips. Port Hudson Marina currently consists of 186 dry slips storage with fueling operations and 102 wet slips. The proposed project will result in a combined total of 321 wet/dry slips at the facility. Slips #1‐10 will remain as temporary slips and slips #11‐135 will be permanent slips. The addition of the proposed fixed and floating docks will result in an increase of 3,566.25 SF to the existing 20,950 SF marina for a total project area of 24,381.25 SF. There are no changes proposed to the dry stack storage, fueling systems, or normal marina operations. A total of 110 12-in diameter wood pilings will be installed via impact hammer or drilling. The proposed project will include three (3) expansion areas as described below.
Expansion Area #1 will include:
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Two (2) 30 ft x 3 ft fixed piers (180 SF)
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Increase of three (3) wet slips numbered 103 to 105
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Three (3) boat lifts
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Twenty-four (24) 12-in diameter wood pilings
New Expansion Area #2 will include:
New Expansion Area #3 includes:
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One (1) 56 ft x 7 ft floating dock (392 SF)
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Relocation of existing upper fixed platform and ramp for access to the new floating dock section with an increase of 392 SF
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Three (3) wet slips numbered 133 to 135
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Four (4) 12-in diameter wood pilings
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: This project has been designated to avoid impacts to aquatic resources to the maximum extent practicable. Due to the location of the project in the footprint of an existing marina, the impacts are expected to be minimal. There is no essential fish habitat (EFH) in the form of mangroves, oysters, hard bottom, or corals in the project vicinity. There is evidence of submerged aquatic vegetation (SAV) near the proposed expansion area #3. However, SAV are outside the immediate project footprint and will not be affected by construction activities.
The applicant agrees to follow the 2011 Standard Manatee Conditions for In-Water Work. Construction will be limited to daylight hours and will be performed from a floating barge and/or in the uplands. Limiting construction to daylight hours only will help construction workers regularly monitor for ESA-listed species near the project areas and avoid interactions with these species. Implementation of 2011 Standard Manatee Conditions for In-Water Work will further reduce the risk of injury with the requirement that all work be stopped if a manatee is observed less than 50 ft from the operating or moving equipment.
The applicant agrees to comply with all applicable Jacksonville District Biological Opinion (JAXBO) Project Design Criteria (PDCs) for in-water activities. The permanent wood pilings used in the dock construction project installed via impact hammer will offer minimal adverse effects and limit the formation of sediment deposits around the pilings. JaxBO identifies impact hammer of wood pilings less than 14-inches in diameter as a ‘B’ noise category. According to this guide, the applicant will install no more than ten (10) pilings per day.
Turbidity curtains will also be used to minimize suspended solids in the water column and limit adverse effects. All turbidity barriers will be armed with a weighted skirt that extends to within 1-foot of the substrate around all construction areas. Curtains will remain in place until all authorized work has been completed and water conditions return to ambient levels. Although the structures are permanent, the impacts are not anticipated to cause more than minimal adverse effects to aquatic resources.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant states no EFH, or other aquatic resources, are present in the project vicinity. This project also involves the expansion of an existing structure and will impact approximately 0.08 acres of previously excavated, unconsolidated bottom. According to the applicant, based on this information provided, compensatory mitigation should not be required for the proposed project. Potential adverse effects are mitigated through the application of applicable JAXBO PDCs, use of the 2011 Standard Manatee Conditions for In-Water Work, and other avoidance and minimization measures described above. 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 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 is located within consultation areas of the following species, managed by U.S. Fish and Wildlife Service (USFWS): Eastern black rail (Laterallus jamaicensis), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida scrub-jay (Aphelocoma coerulescens), loggerhead sea turtle (Caretta caretta), and whooping crane (Grus americana). Because the project will take place primarily in the water and is not near nesting sea turtle beaches, the Corps has determined the proposed project will have no effect on the above ESA-listed species. The Corps will request USFWS’ concurrence with these determinations pursuant to Section 7 of the Endangered Species Act by separate letter.
The project is located within West Indian manatee (Trichechus manatus) consultation area, managed by USFWS. The Corps has determined the project may affect the West Indian manatee but not 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 USFWS is necessary due to the nature of the project.
The project is located within wood stork (Mycteria americana) consultation area, managed by USFWS. The Corps has determined the proposed project may affect, not likely to adversely affect the wood stork or its foraging habitat. This determination was made using the North and Central Florida Wood Stork Consultation Key (September 2008). Pursuant to the key, further consultation with USFWS is necessary due to the nature of the project.
The project is located within eastern indigo snake (Drymarchon couperi) consultation area, managed by USFWS. 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.
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) JAXBO, dated November 20, 2017. The Corps will request NMFS Protect Resources Division’s concurrence with these determinations 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 0.08 acres of estuarine habitat utilized by various life stages of red drum, shrimp, reef fish, coastal migratory pelagics, bull shark, nurse shark, lemon shark, blacktip shark, blacknose shark, bonnethead shark, and Atlantic sharpnose shark. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within Hudson Creek 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 marina expansion 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 rachel.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 Florida Department of Environmental Protection (FDEP). The project is currently under review at FDEP under application No. ERP_183527.
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.