SAJ-2023-02066 (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 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:

WATERWAY AND LOCATION: The project will affect the waters of the United States associated with Clearwater Pass and the Gulf of Mexico. The project site is located at an undeveloped commercial lot, 551 Gulf Blvd, Clearwater, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, 33767.

Directions to the site are as follows: From I-4 W, take I-275 S to FL-60 W/State Rd 60 W toward Clearwater/Tampa Airport. Take exit 2A for FL-60 W toward Clearwater. At traffic circle, take fourth exit onto Coronado Dr. Continue onto S. Hamden Drive. Turn left onto S Gulfview Blvd. Turn right onto S Shore Blvd. Destination will be on the left.

Overall: Restore shoreline conditions to reestablish beach habitat for shorebirds and sea turtles, improve stabilization features to protect again storm surge, and enhance recreational use of the shoreline for proposed upland developments.

EXISTING CONDITIONS: The proposed project site is an undeveloped commercial lot located at 551 Gulf Blvd, Clearwater, Pinellas County, Florida. The 284 linear foot shoreline is armored by a concrete seawall. There is no native vegetation visible along the shoreline. The surrounding area is highly developed with commercial properties such as hotels, condominiums, and restaurants. A large, vacant commercial lot is also to the west of the project site.

According to historic aerial imagery, jetties were sporadically constructed along the northern shore of Clearwater Pass prior to 1998. The groins have caused sand migration, erosion, and dry beach boundaries of properties on the east side of jetties to shift along the northern shoreline of Clearwater Pass. Due to the erosion and migration, the seawall in front of the project site is now exposed and the remaining shoreline is further receding and vulnerable.    

A submerged aquatic vegetation (SAV) resource survey was completed on September 27, 2022. No SAV patches were surveyed in the immediate project footprint. However, five (5) small patches of shoal grass (Halodule wrightii) were identified in the southwestern quadrant of the project vicinity, approximately 180 to 220 feet (ft) from the seawall. The shoal grass patches ranged in sizes from 3.1 to 50. 3 square feet (SF). The survey did not indicate any other identifiable features of essential fish habitat (EFH) in the form of mangroves, oysters, hard bottom, or corals in the project vicinity. The sediment in the area is described as fine grain sand.

This project is located within Clearwater Pass which connects Clearwater Harbor to the Gulf of Mexico. Clearwater Pass is mapped in the National Wetlands Inventory (NWI) as E1UBL: Estuarine (E), Subtidal (1), Unconsolidated Bottom (UB), and Subtidal (L). It 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 construct two (2) “L” shaped groins waterward of an undeveloped commercial property. The first groin, positioned on the western end of the property, will extend approximately 134 ft by 24-ft from the shoreline, curve right (east) and transition to a 204-ft by 24-ft groin positioned parallel to the shoreline. The second groin, positioned on the eastern end of the property, will extend approximately 146 ft by 24-ft from the shoreline, curve left (west) and transition to a 193-ft by 24-ft groin positioned parallel to the shoreline. The ends of both groins will balloon into a small 28-ft wide semi-circular configuration. An approximately 101-ft wide opening will be between the ends of the two (2) groins. Groins will be constructed out of native limestone rock and will measure approximately 35 to 40-inches in diameter. Approximately 1,050 cubic yards (CY) of material will be used for the west groin, encompassing an area of approximately 4,900 SF. The east groin will require approximately 905 CY of material and encompass an area of approximately 4,650 SF.

Once the groins are installed, the applicant proposes to renourish the existing shoreline with approximately 3,000 CY of beach quality sand. The mean grain size will be between 0.20 to 0.55 millimeters (mm). Sand will extend approximately 75-ft waterward of the shoreline and will be placed in a crescent shape, parallel to the seawall. Sand will be placed at an 8:1 slope beginning approximately 30-ft from the shoreline. The sand will be supplied from an approved Florida Department of Environmental Protection (FDEP) site, per the State of Florida Joint Coastal Permit Program requirements. Groin installation and beach renourishment will occur from the uplands, or a barge. All construction will be limited to daylight hours. 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 has been designed to avoid and minimize adverse effects to aquatic resources to the maximum extent practicable. Construction will be limited to daylight hours and will be performed from the uplands or a 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 the Protected Species Construction Conditions as determined by consultation with National Marine Fisheries Service (NMFS) Protect Resources Division. If a protected species is seen within 100 yards of the active daily construction operation or vessel movement, all appropriate precautions shall be implemented to ensure its protection. Construction will be limited to avoid sea turtle nesting season between November 1st and April 30^th. The applicant will also be required to follow all conservation measures from the 2013 Programmatic Piping Plover Biological Opinion (P³BO) for the piping plover throughout the course of the project.

Turbidity curtains will 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 mangroves, oysters, corals, hard bottom, or other aquatic resources are present in the project vicinity. SAV are outside the immediate project footprint and will not be impacted by construction. The project involves the renourishment of a previously existing beach and shoreline stabilization features that will potentially prevent erosion. 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 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) determined the following ESA-listed species, managed by U.S. Fish and Wildlife Service (USFWS), are potentially present within the project area: American crocodile, eastern black rail, eastern indigo snake, everglade snail kite, tricolored bat, wood stork, and whooping crane. Because the project will take place primarily in the water and minimal land will be affected, the Corps determined the proposed project will have no effect on the above ESA-listed species. No further consultation with USFWS is required for these species.

The Corps determined the project may affect, not likely to adversely affect the West Indian manatee, managed by USFWS. This determination was made using the 2013 Effect Determination Key for the Manatee in Florida. Pursuant to the key, no further consultation with the USFWS is necessary. The applicant agrees to adhere to the 2011 Standard Manatee Conditions for In-Water Work.

The Corps determined the piping plover, managed by USFWS, is potentially present within the project area. The project site is not within designated critical habitat but may support typical foraging or nesting habitat for this species. Based on the 2013 P³BO, the Corps determined the proposed project may affect but is not likely to adversely the piping plover. All conservation measures from the 2013 P³BO will be implemented throughout the course of the project. The Corps will request concurrence from USFWS for this determination pursuant to Section 7 of the ESA by separate letter.

The Corps determined the rufa red knot, managed by USFWS, is potentially present within the project area. The project site is not within designated critical habitat but may support typical foraging or nesting habitat for this species. The Corps determined the proposed project may affect but is not likely to adversely the rufa red knot and will request concurrence from USFWS for this determination pursuant to Section 7 of the ESA by separate letter.

The Corps determined four (4) species of nesting sea turtles (loggerhead sea turtles, Kemp’s ridley sea turtles, green sea turtles, leatherback sea turtles), managed by USFWS, are potentially present within the project area. The project site is not within designated critical habitat but may support nesting habitat for these species. The Corps determined the proposed project may affect but is not likely to adversely affect the four (4) species of nesting sea turtles. Because the proposed structures are new shoreline stabilization features, the project does not qualify for review under the State Programmatic Biological Opinion (SPBO) for Shore Protection Activities along the Coast of Florida (dated February 27, 2015). The Corps will request concurrence from USFWS for this determination pursuant to Section 7 of the ESA by separate letter.

The Corps determined the following species, managed by National Marine Fisheries Service Protected Resources Division (NMFS PRD), are potentially present within the project area: swimming sea turtles (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 determined the proposed project may affect but is not likely to adversely affect five (5) species of swimming sea turtles, smalltooth sawfish, gulf sturgeon, or giant manta rays. The proposed action does not qualify for review under the Jacksonville District Biological Opinion (JAXBO) because Project Design Criteria (PDC) A1.5 of JAXBO states, “Installation and/or repairs to groins, jetties, or other structures placed perpendicular to shore, and beach nourishment/ renourishment are not covered in this Opinion.” The Corps will therefore request concurrence from NMFS PRD with this determination pursuant to Section 7 of the ESA 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 1.5 acres of estuarine habitat utilized by various life stages of reef fish, red drum, shrimp, spiny lobster, coastal migratory pelagics, tiger shark, great hammerhead shark, Atlantic sharpnose shark (Gulf of Mexico stock), blacktip shark (Gulf of Mexico stock), nurse shark, bonnethead shark (Gulf of Mexico stock), bull shark, blacknose shark (Gulf of Mexico stock), and lemon shark. 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 project 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 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.

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 Certification is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0444106-001-JC.

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.