SAJ-2013-02696 (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 Sunrise Canal connected to Tampa Bay. The project site is located at the Tampa Sailing Squadron, 1250 Apollo Beach Blvd, Apollo Beach, Section 28, Township 24 South, Range 16 East, Hillsborough County, Florida, 34667.

Directions to the site are as follows: Follow I-75 S towards Naples to the Big Bend Rd exit. Turn right onto Big Bend Rd. Turn left onto S Tamiami Trail/N US Hwy 41. Turn right onto Elsberry Rd. Turn left onto Central Blvd. Turn right onto Apollo Beach Blvd. Destination will be on the left.  

PROJECT PURPOSE: Basic: Replace existing dock within Tampa Sailing Squadron Marina.

Overall: Meet the Tampa Sailing Squadron community’s need for safer, more dependable water access to adjacent waterways by replacing an existing access dock within the main marina and increasing the number of wet slips.

EXISTING CONDITIONS: The Tampa Sailing Squadron is an existing marina, consisting of a 5-foot (ft) by 420-ft main dock positioned perpendicularly to the seawall along the eastern end of the property, five (5) finger piers connected to the seawall, an observational deck with two (2) accessory floating docks located along the northern corner of the shoreline, and a boat ramp stationed between two (2) access piers along the northwestern end of the property. The marina accommodates seventy-three (73) dry slips, sixty-two (62) wet slips, and approximately 37,313 square feet (SF) of docking structures and dry storage. The property includes approximately 547 linear feet (LF) of shoreline, stabilized by a seawall.

The finger piers along the seawall were originally constructed prior to 1969 and the access piers along the northwestern end of the property were originally constructed prior to 1982, according to historic aerial images. There is no record of these original structures through Florida Department of Environmental Protection (FDEP) or the Corps. The Corps authorized the construction of a 5-ft by 300-ft access pier and associated mooring pilings, as well as the installation of the boat ramp on April 20, 1982 (Permit No. 82(4)-0302). The Corps authorized the extension of the pier and the addition of two (2) finger piers at the end of the pier on January 26, 1989 (Permit No. 88IPR-21158). The construction of the observational deck with two (2) accessory floating docks was authorized by on the Corps on November 26, 2013 (SAJ-2013-02696). A 297 LF portion of seawall was authorized to be replaced on February 22, 2016 (SAJ-2013-02696).

This project is located within Lake Sunrise Canal which is mapped in the National Wetlands Inventory (NWI) as E1UBLx: Estuarine (E), Subtidal (1), Unconsolidated Bottom (UB), Subtidal (L), and Excavated (x). Lake Sunrise Canal 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 remove the southernmost existing access pier structure and replace it with a new ‘L’ shaped dock. The new dock will include a 4-ft by 125-ft walkway connected to a 4-ft by 42-ft pier at the end of walkway. The new walkway will increase the number of wet slips along the dock from two (2) wet slips to a total of six (6) wet slips. A 28-ft by 35-ft “utility area” will be created to moor a 4-ft by 6-ft floating platform. Slips 1 and 2 will including mooring areas measuring approximately 19-ft by 35-ft. Slip 3 will encompass an area of approximately 20-ft by 38-ft. Slip 4 will be positioned to the left of the proposed walkway connection and will encompass an area of approximately 20-ft by 42-ft. Slip 5 will be positioned to the right of the proposed walkway connection and will encompass an area of approximately 20-ft by 46-ft. Three (3) 2-ft by 10-ft finger piers will also be constructed, connected to the walkway. One (1) pier will be placed to the left of the utility area. A second pier will be positioned between the utility area and Slip 1. The last pier will be positioned between Slips 2 and 3.

A total of forty-one (41) 12-inch diameter wood pilings will be installed via jetting. Six (6) mooring pilings will be placed at the waterward edge of the utility area and Slips 1 through 4. Four (4) mooring pilings will be installed outlining the waterward right side of Slip 5. Thirty-one (31) pilings will be used for the construction of the dock and piers. There are no changes proposed to the dry stack storage or the main marina dock. The proposed docks will be positioned approximately 4-ft above the mean high-water line (MHWL). The in-water structures will encompass an area of approximately 728 SF. Project design is depicted in Attachment 1 (refer to graphics).

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 no more than minimal. There is no essential fish habitat (EFH) in the form of submerged aquatic vegetation (SAV), mangroves, oysters, hard bottom, or corals in the project vicinity. 

Construction will be limited to daylight hours and will be performed from a floating barge. Limiting construction to daylight hours only will help construction workers regularly monitor for Endangered Species Act (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 or Protected Species Construction Conditions as determined by consultation with National Marine Fisheries Service (NMFS) Protect Resources Division. The permanent wood pilings used in the dock construction project installed via jetting will offer minimal adverse effects and limit the formation of sediment deposits around the pilings. Turbidity curtains will also be used to minimize suspended solids in the water column and limit adverse effects to water quality. 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 SAV, mangroves, oysters, corals, hard bottom, 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 or Protected Species Construction Conditions, 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): American crocodile, crested caracara, eastern black rail, eastern indigo snake, everglade snail kite, hawksbill sea turtle, leatherback sea turtle, loggerhead sea turtle, pygmy fringe-tree, rufa red knot, tricolored bat, wood stork, and whooping crane. 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 Important Manatee Areas (IMA), managed by USFWS. The Corps has determined the project may affect the West Indian manatee. 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 Corps has determined the proposed project may affect but is not likely to adversely affect (MANLAA) loggerhead sea turtles, Kemp’s Ridley sea turtles, green sea turtles, hawksbill sea turtles, leatherback sea turtles, Smalltooth sawfish, gulf sturgeon, and giant manta rays. The Corps evaluated the proposed work utilizing the NMFS JAXBO, dated November 20, 2017, and determined the project may qualify for a supersede process under JAXBO Activity 2: Pile-Supported Structures and Anchored Buoys. The Corps will request NMFS Protect Resources Division’s 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 2.7 acres of estuarine habitat utilized by various life stages of red drum, shrimp, coastal migratory pelagics, reef fish, tiger shark, bull shark, bonnethead shark (Gulf of Mexico Stock), and blacktip 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 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: The proposed structures 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 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.

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.