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SAJ-2019-03161 (SP-RSS)

USACE Jacksonville District, Regulatory Division
Published July 3, 2024
Expiration date: 7/24/2024
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: AG Lafley
The Bay Park Conservancy
655 North Tamiami Trail
Sarasota, FL 34236

WATERWAY AND LOCATION: The project will affect the waters of the United States associated with Sarasota Bay. The project site is proposed within The Bay Park, 655 North Tamiami Trail, Sarasota, Section 24, Township 36 S, Range 17 E, Sarasota County, FL 34236.

Directions to the site are as follows: From I-75 N, take the FL-780/Fruitville Rd exit toward Sarasota. Keep left to take the ramp towards Sarasota. Turn left onto Fruitville Rd/FL-780. Turn right onto Tamiami Trail/N Tamiami Trail/US-41 N/FL-45. Turn left onto Boulevard of the Arts. Pass Van Wezel Way and turn right into the parking lot.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.341727°
Longitude: -82.551128°

PROJECT PURPOSE:

Basic: Water access for fishing.

Overall: Provide the low to moderate income communities surrounding Bay Park access to Sarasota Bay via a public fishing pier.

EXISTING CONDITIONS: The project site is associated with The Bay Park, a free public park directly adjacent to Sarasota Bay, designated to be “one park for all.” The Bay Park property is owned by the City of Sarasota and managed by the Bay Park Conservancy through a Partnership Agreement. The park is anticipated to undergo a series of transformations over the next eight (8) to ten (10) years in order to complete its mission. The park currently includes landscaped gardens located near the welcome center, a concession stand, a promenade and open field, playground, and a reading room. The shoreline is stabilized by a seawall, riprap, rock breakwater, and a living shoreline. A small beach is also present in front of the seawall that is accessible to the public for leisure activities. A manmade inlet, lined with mangroves, connects to Sarasota Bay and runs along the northern end of the park, dead-ending into a bayou near Van Wezel Way. The Van Wezel Performing Arts Hall is located to the north of the project site, adjacent to the bayou. Condo on the Bay and Hyatt Regency Sarasota are immediately south of the park, along Boulevard of the Arts.

The Corps authorized several activities within the park. On February 12, 2019, the Corps authorized the repair of an existing shoreline by (1) removing approximately 78-ft of the existing seawall and replacing it with riprap, (2) repairing an existing damaged rock breakwater, and (3) restoring the adjacent eroded living shoreline (SAJ-2018-03364). On July 7, 2020, the Corps authorized the removal of an existing kayak dock and installation of a new kayak dock with a floating platform connected to the uplands with an aluminum gangway (SAJ-2020-01915). On January 5, 2021, the Corps authorized the replacement of a pedestrian bridge framing, decking and railing in the same footprint (SAJ-2020-01915). Lastly, on June 23, 2021, the Corps authorized the maintenance dredge of 1,200 cubic yards of contaminated silt covering an area of 27,800 SF within the adjacent bayou (SAJ-2019-03161).

Cummins Cederberg, Inc conducted a benthic survey of the project vicinity with transects over an area of approximately 8 acres in September 2022. Unvegetated soft bottom, consisting of silt and sand, was the predominant substrate in the survey area. Hardbottom in this area of Sarasota Bay varies from exposed limestone bedrock outcroppings to open areas of sand overlying bedrock with emergent fauna (i.e. stony corals, octocorals, sponges). Sparse green macroalgae and mats of cyanobacteria were observed growing sporadically along the bottom. Four (4) species of submerged aquatic vegetation (SAV) within the footprint of the connector bridge include turtle grass, manatee grass, paddle grass, and shoal grass. The total acreage of each of the habitats within the survey area are as follows: hardbottom 0.44 acres; SAV 1.25 acres; artificial hardbottom/riprap 0.23 acres; unvegetated/soft bottom 0.85 acres.

The northern/eastern ends of the terminal portion of the pier are adjacent to hardbottom habitat. A total of three (3) stony corals and ten (10) octocorals were observed within the footprint of the proposed pier. All the octocorals were identified as colorful sea whips and the stony corals observed included smooth star coral, knobby star coral, and lesser starlet coral. Lesser starlet corals were located on nearshore riprap within the proposed connector bridge footprint. Four (4) stony corals (unidentified Solenastrea species, ivory tree coral, and lesser starlet coral) and four (4) octocorals were observed just outside the footprint of the proposed pier. A total of twenty-three (23) corals were recorded within or in close proximity to the proposed project site.

This project is located within Sarasota Bay which is mapped in the National Wetlands Inventory (NWI) as two (2) habitat types. The habitat closest to the shore associated with the connector bridge is mapped as E2ABM: Estuarine (E), Intertidal (2), Aquatic Bed (AB), and Irregularly Exposed (M). The majority of the proposed pier is located in habitat mapped as E1UBL: Estuarine (E), Subtidal (1), Unconsolidated Bottom (UB), and Subtidal (L).

PROPOSED WORK: The applicant seeks authorization to construct a new semi-circular shaped public fishing pier in previously undeveloped sovereign submerged lands of Sarasota Bay. The proposed 8,875 square foot (SF) fishing pier will consist of a 1,675 SF connector bridge and 7,200 SF pier. An open-sided covered shelter (1,982 SF) is positioned over the terminus of the pier. The purpose of this project is to provide improved fishing opportunities to the low to moderate income communities in the areas surrounding the Bay Park within Sarasota County. No mooring will be authorized along the pier and there are no wet or dry slips proposed for this project. The project also includes the installation of a 0.001-acre artificial reef comprised of four (4) Reef Innovations Deep Cover Modules.

The connector bridge will measure approximately 12-feet (ft) wide and 140-ft long (1,675 SF). Approximately 105 SF of the connector bridge will be positioned in the uplands. The bridge will include grated decking with a minimum 44% open space and will be elevated a minimum of 5-ft above the mean high-water level (MHWL). The pier will vary in width from 33-ft to 44-ft and measure approximately 240-ft long (7,200 SF). Decking on the pier will be constructed from a sustainably harvested kebony wood with 0.25-in spacing. The pier will include a lower platform that begins approximately 30-ft from the end of the connector bridge. The platform will be approximately 1-ft lower than the pier and measure approximately 15.8-ft wide by 68-ft long and will be positioned on the western side of the pier. The remainder of the pier will curve inward towards the shore. There will also be benches positioned in the middle of the pier that will provide access for passive outdoor recreation. An open-sided covered shelter (1,982 SF) is proposed over the terminus of the pier. The pier will rise approximately 8-ft above MHWL, while the lower platform will rise approximately 6.5-ft above MHWL.

A total of seventy-one (71) permanent 18-inch square concrete pilings will be installed to support the pier. A pilot hole, formed by a drop punch or auger, may be required to facilitate piling installation due to the substrate within Sarasota Bay. The pilings will be driven to the design tip elevation with an impact hammer. It is anticipated that the pilings will be driven to refusal and will require an estimated 100 blows each. The estimated production rate for pile installation will be five (5) piles per day. It will therefore take approximately 30 days to install all piles for the project. In total, the proposed work comprises 8,875 SF of elevated pier structures and approximately 48.4 SF of artificial reef placement. Piling installation will result in an additional 159.75 SF of impacts to the substrate. Construction is expected to commence when all state, federal and local permits are received, and would continue for approximately ten (10) to twelve (12) months or until all work is completed.

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:

Unavoidable impacts to hardbottom habitat, corals, and SAV will occur as a result of construction of the proposed fishing pier. However, the project has been designated to avoid impacts to aquatic resources to the maximum extent practicable. The installation of the pier will directly impact 41.46 SF of SAV observed within the proposed Pier footprint, 17.05 SF of SAV within the proposed connector bridge (58.51 SF total) and 28 SF of hardbottom. 159.75 SF of substrate will be directly impacted by piling installation. A total of twenty-three (23) corals will be relocated from the project site to the proposed artificial reef (see Compensatory Mitigation section below). Due to the presence of SAV under the proposed structure, some shading is expected to occur. However, the pier is positioned 5-ft to 8-ft above the MHWL and therefore shading impacts are expected to be minimal. The connector bridge will also include grated decking with a minimum 44% open space, allowing additional light access. Hardbottom will be directly impacted by piling installation.

The concrete pilings used in the dock construction project installed via impact hammer. A pilot hole, formed by a drop punch or auger, may be required to facilitate piling installation due to the substrate within Sarasota Bay. National Marine Fisheries Service Protected Resources Division (NMFS PRD) identifies impact hammer of concrete pilings less than 24-inches in diameter as a ‘B’ noise category in open water environments, according to the NMFS Multi-species Pile Driving Tool (dated August 2022). The applicant must therefore limit the maximum number of piles installed per day to no more than ten (10) pilings. The applicant agrees no more than five (5) pilings will be installed per day.

Construction will be limited to daylight hours and will be performed from a floating barge where resources are not present. Any work that cannot be completed in the water will take place from the uplands. 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 and NMFS’s Protected Species Construction Conditions (Revised May 2021) will further reduce the risk of injury with the requirement that all work be stopped if a protected is observed within 100 yards of the active daily construction operation or vessel movement. Activities may not resume until the protected species has departed the project area of its own volition.

Turbidity curtains will also be used to minimize suspended solids in the water column and limit adverse effects. Curtains will remain in place until all authorized work has been completed and water conditions return to ambient levels. Best Management Practices for turbidity and erosion control will be utilized during all construction activities to prevent turbidity in excess of 0 Nephelometric Turbidity Units (NTUs) above background levels beyond curtains in Sarasota Bay. All construction equipment and turbidity curtains will be checked daily to ensure proper functioning and will be removed once construction is complete. 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 offered the following mitigative activities to prevent and/or offset unavoidable functional loss to the aquatic environment:

The Bay Park Conservancy proposes a mitigation activity in the form of coral relocation to an artificial reef to offset unavoidable impacts. An area of approximately 1,138 SF, east of the proposed Pier, was delineated for placement of an 0.001-acre artificial reef. This area is composed of unvegetated softbottom devoid of important marine resources such as SAV, corals, or sponges, and with sediment depths between 3-inches and 7-inches deep. The reef will be deployed in an area that is 3-ft below mean low-water level (MLWL) and 4-ft below MHWL.

Limestone boulders are frequently used for artificial reef construction; however, limestone boulders do not provide suitable substrate for coral relocation in this project area due to the size and morphology of the coral colonies present in Sarasota Bay. Therefore, Reef Innovations Deep Cover Modules were selected as an alternative to limestone boulders. The applicant is proposing the placement of four (4) modules in an area that is 13.4-ft wide by 18.7-ft, with a minimum of a 5-ft space between the widest section of each module. There are six (6) small holes within each module, that are too narrow for a sea turtle to become entrapped. The holes however will be accessible to smaller fish species to use as habitat and a safe haven. The modules are also closed at the bottom to further prevent sea turtle entrapment.

Each module is approximately 30-inches high with 22-inches of space between the bottom portion of the top shelf and the base of the structure. Reef structures will not be secured as they are designed to sink into the substrate and remain in place, with some settling expected to occur over time. The settling will therefore reduce the height of the total structure as well as the space beneath the top shelf and the substrate. If complete settlement occurs, a 15-in to 19-in gap would form between the base of the shelf and the sand. Additional sand may move in or away from the artificial reef modules in response to storms, currents, or waves within the project area.

The twenty-three (23) coral proposed for relocation will be removed individually, stored on a vessel, and then transported to the relocation site. Corals will be removed and transported in accordance with the 2021 Florida Fish and Wildlife Conservation Commission (FWC) Coral and Octocoral Mitigation Relocation Recommendation. Each coral colony will be carefully removed from the substrate by Cummins Cederberg, Inc marine biologists using hand tools such as putty knives and/or a chipping hammer. No power tools or heavy pry bars will be used to remove corals. Encrusting organisms such as sponges, tunicates, bivalves will be removed from the corals following detachment. Corals will be transplanted to the relocation site the same day they are detached.

A visual health assessment will be conducted immediately prior to the relocation effort. All removed coral colonies will be relocated except for any that exhibit the following: active disease, significant bleaching, mortality, size limitations (scarcely 5 cm), or growth form (concave or flat) which may strongly reduce successful relocation. Coral colonies will be attached to the artificial reef modules using a Portland Type II cement mixture or a quick setting epoxy. Any fragmented colonies will be clustered together and reattached as a single coral colony. Baseline monitoring will occur at the time of relocation with additional monitoring scheduled at one-week, one-month, three months, and six-months. During the one-week post relocation monitoring effort, divers will assess the attachment status, overall condition, and reattach any colonies that have become destabilized or detached. Annual monitoring will continue for a duration of five (5) years to ensure growth and overall health of the reef.

The artificial reef mitigation activity is anticipated to result in a net increase in essential fish habitat (EFH).

CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 following ESA-listed species, managed by U.S. Fish and Wildlife Service (USFWS), are potentially present within the project area: aboriginal prickly-apple, eastern black rail, everglade snail kite, Florida panther, green sea turtle, gulf sturgeon, loggerhead sea turtle, Miami blue butterfly, puma, pygmy fringe-tree, tricolored bat, and wood stork. The project site does not support suitable habitat for these ESA-listed species. The project site does not support suitable habitat for the ESA-listed species. The project is primarily in the water and minimal land will be affected. There is not suitable nesting habitat for sea turtles near the project site. The Corps has determined the project will have no effect on the above ESA-listed species. No further consultation with USFWS is required.

The project is located within West Indian manatee consultation area, but not within designated Important Manatee Areas (IMAs), or Warm Water Aggregation Area (WWAA), managed by USFWS. The Corps has determined the project may affect but is not likely to adversely affect the manatee. This determination was made using the 2013 Effect Determination Key for the Manatee in Florida. Pursuant to the key, no further consultation with USFWS is required. The Permittee will be required to adhere to the 2011 Standard Manatee Conditions for In-Water Work.

The Corps determined the proposed project may affect but is not likely to adversely affect green sea turtles, Kemp’s ridley sea turtles, loggerhead sea turtles, smalltooth sawfish, and giant manta rays. On July 21, 2023, the Corps initiated consultation with National Marine Fisheries Service – Protected Resources Division (NMFS PRD) under Section 7(a)(2) of the Endangered Species Act. On May 16, 2024, NMFS PRD issued a Biological Opinion and concluded that the action, as proposed, is not likely to jeopardize the continued existence of green sea turtle, Kemp’s ridley sea turtle, loggerhead sea turtle, smalltooth sawfish, and giant manta ray. The issuance and continued existence of the Biological Opinion is subject to Terms and Conditions including the implementation and enforcement of a special condition to be included in the final permit, should the project be authorized. This concludes the Corps’ consultation responsibilities under Section 7(a)(2) of the Endangered Species Act for species and/or designated critical habitat under NMFS PRD’s purview.

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 may potentially impact approximately 0.25-acres of SAV, hardbottom, unvegetated bottom, and estuarine habitat utilized by various life stages of red drum, shrimp, spiny lobster, reef fish, coastal migratory pelagics, blacknose shark (Gulf of Mexico stock), nurse shark, tiger shark, blacktip shark (Gulf of Mexico stock), bull shark, Atlantic sharpnose shark (Gulf of Mexico stock), lemon shark, and bonnethead 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 Sarasota Bay 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 fishing pier 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: WQC is required from the Southwest Florida Water Management District (SWFWMD). The project is being reviewed under SWFWMD application no. 833583.

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.