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:
APPLICANT: Arturo Pena
RD RWD Tampa LLC Trustee
2850 Tigertail Avenue, Suite 800
Miami, Florida 33133
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Hillsborough River. The project site is located at 102 South Parker Street in Section 24, Township 29 South, Range 18 East, Tampa, Hillsborough County, Florida.
Directions to the site are as follows: Take I-75 to Tampa Florida. At the intersection of I-4 take I-4 west to East Brorein Street in Tampa. Take exit 7 from FL-618 Toll / Selmon Expressway, follow East Brorein Street and make a right on South Parker Street. The project site will be the third property on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.946207
Longitude -82.461136
PROJECT PURPOSE: Basic: To construct an underpass walkway, a floating docking facility, replace an existing seawall, and to construct a living shoreline along the Tampa Riverwalk.
Overall: The overall project purpose is to construct a multifamily residential and commercial floating docking facility and provide a pedestrian connection underpass walkway under the West Kennedy Boulevard bridge from the proposed Riverwalk docking facility to the University of Tampa. The development will incorporate minor dredging, a new 355.5-foot-long replacement seawall with a concrete cap, and a living shoreline to restore natural functions along the shoreline of the Hillsborough River by creating tidal marsh and mangrove habitat to support the city of Tampa’s vision for the Tampa Riverwalk district.
EXISTING CONDITIONS: The project is located within a 2.19-acre property with 355.5 feet of shoreline along the Hillsborough River in downtown Tampa. The existing bank contains a deteriorating concrete seawall. The uplands on site have been cleared of natural vegetation and is currently undeveloped. The open land is dominated by weedy grasses and forbs, and a limited number of trees such as cabbage palm (Sabal palmetto). The property contains an asphalt parking lot covering a portion of the property. The City of Tampa has used the property for overflow parking since the mid 1990’s. This area of the Hillsborough River consists of sea walled canals that are characterized by having deep open water areas within the center of the river with unmaintained shallow areas along the seawalls. This area of the Hillsborough River is frequently dredged to maintain the navigable capacity of the waterway.
The property is located immediately south of the existing Kennedy Bridge. The site contains an existing 355.5-foot-long concrete bulkhead that is failing due to age and wave energy from boat traffic. Based on the information provided by the applicant’s field survey, the northwest side of the shoreline contains a 0.14-acre area of unvegetated shallow waters (-1.0 to 1.14’ NAVD) that is located just south of the West Kennedy bridge. This area has an existing naturally formed spoil area that contains a well-established black mangrove tree (Avicennia germinans), and a mature white mangrove tree (Laguncularia racemosa). The area of the proposed docking facility occurs within a relatively shallow, unvegetated, unconsolidated bottom area of the Hillsborough River that is adjacent to a federal channel that is dredged to maintain commercial boat traffic. The docking facility will occur outside the federal channel within areas that are closer to the shoreline that contain little to no shoreline vegetation and a limited number of aquatic resources as a result of the adjacent dredging activities and wave energy due to boat traffic. Due to the shallow waters in this area the proposed docking facility will necessitate dredging to allow for the mooring of powered vessels.
PROPOSED WORK: The applicant seeks authorization to construct a multifamily residential and commercial floating docking facility and provide a pedestrian connection underpass walkway under the West Kennedy Boulevard bridge from the proposed Riverwalk docking facility to the University of Tampa. The development will include a new 355.5-foot-long cantilevered steel sheet pile bulkhead, incorporate a 2,684 square foot, 8-slip floating dock, with a 0.14 acre living shoreline, and add a 6,460 square foot pedestrian walkway that extends over water and beneath the West Kennedy Bridge.
The proposed 355.5-foot-long cantilevered steel sheet pile bulkhead will be installed no more than 18 inches from the face of the existing seawall. After the new steel sheet piles have been installed, 57 stone or similar material will be placed between the existing wall and the new wall from the mudline to the bottom of the new concrete cap. In order to avoid impacts to the Kennedy Boulevard bridge, the portion of the wall closest to the bridge will be cast-in-place concrete. The existing seawall that is located behind the two existing mangroves will be removed and the new seawall will be constructed in the same location. The new seawall will include 69 cubic yards if backfill being placed within a 290 square foot area of waters of the United States.
The proposed 2,684 square foot floating dock will include a total of eight slips with four finger piers. Six slips will accommodate vessels up to 30-foot in length and the remaining two slips will accommodate vessels up to 40-foot in length. The dock includes a 245 square foot aluminum framed, fixed gangway access platform, a 6-foot by 75-foot-long ADA-compliant articulating aluminum gangway (486-Sq Ft), a 6-foot by 20-foot low freeboard floating dock for kayak and paddleboard use, and a 122-foot-long pile-supported aluminum framed floating dock with four 30-foot finger piers (1,953 Sq Ft). Work will include the installation of sixteen (16) 12.75 diameter steel pilings via vibratory methods. To facilitate the installation of the new dock, and the mooring of vessels in this area, work will include the removal of approximately 368 cubic yards of dredge material within a 0.18-acre area, to a depth of -6.2' NAVD. Dredged material will be placed within an upland containment area.
The pedestrian walkway consists of the installation of an approximately 370 foot long, 17 foot wide, 6,460 square foot underpass pedestrian walkway with two transition platforms. The project will use five existing concrete, underwater drilled shaft foundations located beneath the Kennedy bridge. To facilitate the installation of the remaining portions of walkway twenty-eight (28), 12.75-inch steel pilings will be installed via vibratory hammer within unvegetated areas of the Hillsborough River.
The proposed living shoreline will consist of three segments ranging in width from approximately 19 feet to a maximum of 39 feet with two gaps in between and parallel to the shoreline starting just south of the Kennedy bridge and continuing south along the waterfront ending at the fixed gangway platform of the proposed docking facility. The living shoreline will be constructed waterward of an existing naturally formed spoil area that contains a well-established black mangrove tree (Avicennia germinans), and a mature white mangrove tree (Laguncularia racemosa), that will be preserved in place and incorporated into the living shoreline design. The installation of the living shoreline occurs along the northside of the project within a 0.14-acre area of unvegetated shallow water (-1.0 to 1.14’ NAVD) area that is located just south of the West Kennedy bridge. To allow for the construction of the living shoreline, work will include the installation of 35 cubic yards of fill above the mean high-water line and 383 cubic yards of material below the mean high-water line.
The living shoreline will include intertidal plantings of native saltmarsh plant species at various elevations. Higher elevation plantings will include needle rush (Juncus roemerianus) and lower elevations will feature saltmarsh cordgrass (Spartina alterniflora). The design of the living shoreline includes a geotextile permeable bottom layer to help contain the soil above the mudline to allow for better survivorship of the planted needle rush and saltmarsh cordgrass and one or two, 3-foot by 3-foot permeable, monolithic gravity mass gabion structures depending on the location along the shoreline to provide a permanent wave attenuation structure, and to protect the planting areas. A rock revetment will also be installed along the most waterward portion of the living shoreline to provide wave attenuation and erosion control.
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:
During waterside construction the contractor shall monitor the turbidity levels to ensure that state water quality standards are maintained and construction methods area in accordance with the permits. During construction the contractor shall place erosion control devices and measures around the project area and other areas needed to prevent erosion and the migration of sediment to points outside the demolition construction area.
There are no proposed mangrove or seagrass impacts during the construction of the 8-slip floating dock, the new 355.5-foot-long steel sheet pile seawall, the overwater pedestrian walkway, or the proposed living shoreline. The project has been designed to ensure that impacts are avoided and minimized for aquatic resources and in-water species.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The agent has provided a recent resource characterization survey, that indicated that there will be no adverse impacts to aquatic or benthic resources, including mangroves, wetlands, seagrasses, other submerged aquatic vegetation, essential fish habitat, coral or hardbottom.
CULTURAL RESOURCES: The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the fact that the project footprint lies within the open waters of the Hillsborough River in an area that has be subject to heavy use the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES: The Corps has determined the proposal may affect the West Indian manatee. The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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> H> I> J> L> M "May affect." Since the project would create a multi-slip facility in a county without a State-approved MPP, and the number of slips exceeds the residential dock density, further consultation with the Service is necessary for "May affect" determinations. Therefore, the Corps will initiate consultation by separate letter.
Wood stork (Mycteria americana): The project area is located within the wood stork foraging area. 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 the Central and North Peninsular Florida dated September 2008, the proposed project resulted in the following sequential determination: A>B = “no effect” the wood stork. This determination is based on the project not impacting suitable foraging habitat (SFH). Based upon the “no effect” determination for the wood Stork, no further coordination is required.
The Corps utilized the National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO), dated November 2017, to analyze the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean 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 that the proposed project falls within the scope of the JAXBO. The Corps will request concurrence with this determination with NMFS pursuant to Section 7 of the Endangered Species Act by separate correspondence.
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. 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 32 feet away from the near bottom edge of the Intracoastal Waterway federal channel.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would 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, 701 San Marco Boulevard, Jacksonville, Florida 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, Mark A. Marousky, in writing at the Tampa Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at mark.a.marousky@usace.army.mil; or, by telephone at (813-597-7646).
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 Water Quality Certification is required from the Southwest Florida Water Management District (SWFWMD). The project is being reviewed under SWFWMD File No.: 858700.
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.