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: Indrid Agaj
MAA Westshore Exchange LLC
6815 Poplar Ave STE 500
Germantown, TN 38138
WATERWAY AND LOCATION: The project will affect the tidal waters associated with Old Tampa Bay which flows into the Gulf of Mexico via Tampa Bay. The project site is located at an undeveloped commercial lot, 5440 W Tyson Ave, Tampa, Section 8, Township 30 S, Range 18 E, Hillsborough County, FL 33702
Directions to the site are as follows: From I-75, take FL-618 Toll/Selmon Expy to US-92 W/W Gandy Blvd in Tampa. Turn left onto S West Shore Blvd. Turn right onto W Tyson Ave. Destination will be on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.884273°
Longitude: -82.539682°
PROJECT PURPOSE:
Basic: construct a private marina
Overall: provide riparian water access to residents of the proposed uplands multi-family apartment complex.
EXISTING CONDITIONS: The proposed project site is adjacent to a commercial lot that was previous utilized as a staging/barge loading yard for a marine construction company. The applicant intends to convert the uplands into a multi-family apartment complex. The uplands lot encompasses an area of approximately 18.57 acres (808,909 square feet (SF)). The parcel’s approximately 2,197 linear foot shoreline is armored by an existing seawall and riprap. The southern end of the parcel includes a series of three (3) concrete breaker walls that extend 1 to 2 feet (ft) above the bottom of the bay. There are also a series of breakwater jetty structures that extend from the seawall into the water along the western shoreline of the parcel. The applicant proposes no changes to these structures. There are currently five (5) in-water structures along the eastern edge of the parcel within the proposed project footprint. These structures including two (2) concrete piers along the southwestern corner of the proposed marina basin and three (3) finger piers along the northwestern edge of the seawall. The three (3) finger piers and the northern most concrete pier will be removed during construction.
The applicant, MAA, contracted J Foster Consulting to survey the area for any essential fish habitat (EFH) and other aquatic resources including but not limited to submerged aquatic vegetation (SAV), corals, oyster habitat, macroalgae, and mangroves. On July 23, 2023, J Foster Consulting conducted an aquatic survey within the proposed project vicinity over approximately 1.25 acres of submerged lands. Water depths within the surveyed area ranged from -4-ft to -14-ft mean-low water (MLW) (NAV88). The substrate within the vicinity consisted of sandy to sandy/silty sediments. Resources identified during the survey included black mangroves (Avicennia germinans) in the northwestern corner of the proposed marina basin with some scattered oysters near the mangroves. SAV in the form of shoal grass (Halodule wrightii) were also identified outside the project area in the northwestern corner of the proposed marina basin, near the mangroves. No EFH or other aquatic resources were identified directly within the project footprint. A reverification aquatic resource survey was conducted on April 4, 2024. J Foster Consulting did not identify any changes from the previous survey. Mangroves and SAV will not be affected by construction activities.
This project is located within Old Tampa Bay which is mapped in the National Wetlands Inventory (NWI) as E1UBLx: Estuarine (E), Subtidal (1), Unconsolidated Bottom (UB), Subtidal (L), and Excavated (x). Old Tampa Bay 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 a new, private marina to the east of a commercial parcel located at 5440 W Tyson Ave, Tampa, Hillsborough County, FL. The new marina will include an approximately 4,214 SF docking facility with three (3) dock extensions from the seawall as described below. The docks will support thirty-eight (38) vessel wet slips and twelve (12) personal watercraft (PWC) wet slips for a total of fifty (50) wet slips. No dry slips, dry stack storage, or fueling systems are proposed for this project.
Construction will include the removal of the following existing structures:
• 7.5-ft by 46.8-ft (349 SF) finger pier
• 18.5-ft by 51.2-ft and 6.3-ft by 51.2-ft (1,272 SF total) finger piers
• 19-ft by 173.2-ft (3,282 SF) concrete pier
The existing 16-ft by 175.5-ft (2,805 SF) concrete pier located at the southwestern edge of the proposed marina basin will remain in place.
The first dock will be positioned approximately 95.9 ft south of the mangrove cluster and include the following components:
• 6-ft by 95-ft (570 SF) walkway
• 3-ft by 36-ft (108 SF) finger pier left of walkway
• 3-ft by 29-ft (87 SF) finger pier left of walkway
• Two (2) 3-ft by 24-ft (144 SF) finger piers right of walkway
• Three (3) 13.5-ft by 29-ft wet slips left (north) of walkway
• Three (3) 9,000 lb. capacity uncovered boatlifts right (south) of walkway
• Two (2) 10-ft by 14-ft (280 SF) floating docks to moor a total of four (4) PWCs right (south) of walkway
• An aluminum gangway will connect each floating dock to walkway
• Dock will encompass an area of approximately 1,189 SF
The second dock will be positioned approximately 68 ft south of the first dock. The dock will include the following components:
• 16-ft by 22-ft (352 SF) platform adjacent to seawall
• 8-ft by 30-ft (240 SF) floating kayak dock connected to left of platform via aluminum gangway
• 6-ft by 126.5-ft (759 SF) walkway connected to terminus of platform
• Four (4) 3-ft by 24-ft (288 SF) finger piers left of walkway
• Four (4) 3-ft by 26-ft (312 SF) finger piers right of walkway
• Six (6) 12,000 lb. capacity uncovered boatlifts left (north) of walkway
• Six (6) 14,000 lb. capacity uncovered boatlifts right (south) of walkway
• Two (2) 10-ft by 14-ft (280 SF) floating docks to moor four (4) PWCs left (north) of walkway and one (1) 10-ft by 14-ft (140 SF) floating dock to moor two (2) PWCs right (south) of walkway
• An aluminum gangway will connect each floating dock to walkway
• Dock will encompass an area of approximately 2,371 SF
The third dock will be positioned approximately 91.8 ft south of the second dock. The dock will utilize the existing 16-ft by 175.5-ft (2,805 SF) concrete pier and will include the following newly constructed components:
• Five (5) 3-ft by 26-ft (390 SF) finger piers left (north) of pier
• Four (4) 3-ft by 36-ft (432 SF) finger piers right (south) of pier
• One (1) 3-ft by 40-ft (120 SF) finger pier right (south) of pier
• Eight (8) 14,000 lb. capacity uncovered boatlifts left (north) of pier
• One (1) 10-ft by 14-ft (140 SF) floating dock to moor two (2) PWCs left of pier
• An aluminum gangway will connect floating dock to pier
• Seven (7) 16,000 lb. capacity uncovered boatlifts right (south) of pier
• Two (2) 20,000 lb. to 24,000 lb. capacity uncovered boatlifts right (south) of pier
• Two (2) wet slips will be created at the waterward most point of the pier
• Dock will encompass an area of approximately 3,887 SF
The project will utilize 193 pilings for the construction of the docks, 104 pilings for the boatlifts, 24 mooring pilings for the wet slips, and 14 pilings for the floating docks. A total of 335 10-inch diameter wood pilings will be installed via vibratory hammer. All docking structures will rise approximately 6.2-ft above mean high-water line (MHWL) (NAV88). All decking will be constructed with minimum of ½ inch spacing. Pilings will be spaced a maximum of 12-ft apart. The project will encompass an area of approximately 7,447 SF, plus an additional 184.25 SF of substrate impacts due to piling installation.
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 impacts to aquatic resources to the maximum extent practicable. The project will be constructed in the footprint of a previously existing industrial multi-slip facility. The proposed plans will utilize one of the existing concrete piers in order to minimize additional impacts. Mangroves along the shoreline will be avoided by construction activities. SAV found outside the project footprint will not be affected by the proposed in-water actions.
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 vibratory hammer will offer minimal adverse effects and limit the formation of sediment deposits around the pilings. The applicant also 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.
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. With these best management practices in place, the potential adverse impacts to aquatic resources are anticipated to be no more than minimal.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The applicant states no SAV is identified within the project footprint. There are continuous and discontinuous SAV located outside the project limits that will not be affected by construction or in-water activities. A cluster of mangroves is also present in the northwestern corner of the project area, along the shoreline. The mangroves will remain in place and will not be affected by construction. According to the applicant, based on this information provided, compensatory mitigation should not be required for the proposed project. 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 follow Endangered Species Act (ESA) listed species, managed by U.S. Fish and Wildlife Service (USFWS), have been identified as potentially present within the project area: American crocodile, crested caracara, eastern black rail, everglade snail kite, hawksbill sea turtle, leatherback sea turtle, loggerhead sea turtle, pygmy fringe-tree, rufa red knot, tricolored bat, and whooping crane. The project site does not support suitable habitat for the above ESA-listed species. 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. No further consultation with USFWS is required for the above ESA-listed species.
The project is located within West Indian manatee consultation area, managed by USFWS. The Corps determined the project “may affect” the West Indian manatee but not its designated critical habitat. This determination was made using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2003, Addendum May 2019. Pursuant to the key, further consultation with USFWS under Section 7 of the Endangered Species Act (ESA) is necessary due to the nature of the project by a separate letter.
The project is located within wood stork consultation area, managed by USFWS. The Corps has determined the proposed project is not likely to adversely affect (NLAA) the Wood Stork or its foraging habitat, based on North and Central, FL Wood Stork Consultation Key, dated September 2008. Pursuant to the key, no further consultation with USFWS is necessary.
The project is located within eastern indigo snake consultation area, managed by USFWS. Based on the North and Central Florida Eastern Indigo Snake Programmatic Effect Determination Key (dated 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) the following species, managed by National Marine Fisheries Service (NMFS): giant manta rays (Manta birostris), gulf sturgeon (Acipenser oxyrinchus desotoi), green sea turtles (Chelonia mydas), hawksbill sea turtles (E. imbricata), leatherback sea turtles (D. coriacea), loggerhead sea turtles (C. caretta), Kemp’s ridley sea turtles (Lepidochelys kempii), and smalltooth sawfish (Pristis pectinata). The Corps evaluated the proposed work utilizing the NMFS—JAXBO dated November 20, 2017. The project design is not likely to adversely affect ESA-listed species and critical habitats within NMFS’ purview, as the proposed activity meets the applicable PDCs. In accordance with the project-specific review process established in the JAXBO, the Corps will request concurrence of coverage under the JaxBO in a 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 1.25 acres of estuarine habitat utilized by various life stages of red drum, shrimp, reef fish, coastal migratory pelagics, tiger shark, Atlantic sharpnose shark, bonnethead shark, bull shark, blacktip shark, and lemon shark. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within Old Tampa 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 marina 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 electronic mail at rachel.s.somerville@usace.army.mil; or, by telephone at 904-232-1444.
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