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: Mr. Cliff Kelsey
City of Leesburg
P.O. Box 490630
Leesburg, FL, 34749
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Harris. The project is located at 250 Ball Park Rd, in Section 26, Township 19 South, Range 23 East, Pinellas County, Florida.
Directions to the site are as follows: From I-75 in Tampa head north to Wildwood approximately 72 miles. Take Exit 329 to merge onto FL-44 East. Stay on FL-44 for 11 miles then turn right to continue on FL-44E for 3.2 miles. Turn right onto Dozier Circle then left onto Ball Park Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.803771
Longitude -81.871808
PROJECT PURPOSE: Basic: Docking Facility Expansion
Overall: To increase the boat slip capacity form 36 slips to 86.
EXISTING CONDITIONS: The marina is a previously authorized project under the Department of the Army Permit SAJ-1992-00708 issued on July 9, 1994, which authorized the construction of the docking facility. The marina is an established wet and dry slip marina containing 36 wet slips and 143 dry slips, a boat share (rental) club, an upland marina office, and an existing fuel dispenser. The existing seawalls are steel sheet piling. There is a forklift launch well with three floating queue docks to support the dry stack marina. Additionally, the marina has a floating barge that can be used for maintenance as necessary. The uplands contain several open-air dry racks for boat washing and trailer storage in a lawn behind the dry-stack building. The marina shoreland is armored, and adjacent areas maintain a natural lakeshore vegetation.
The submerged area around the marina, specifically to the west and northwest of the floating docks, is soft bottom land with dense vegetation in some areas. The vegetated areas appear to be shallow flats but are often 3 feet to 5 feet deep with extended roots and branches that can reach the water’s surface. The applicant states that No vegetation was found in the proposed impacted area of this project or the existing areas with consistent marina-related activity.
PROPOSED WORK: The applicant seeks authorization to modify the previously authorized project to remove the existing 66-foot by 14-foot walkway and an 18-foot by 24-foot landing section totaling 1,374-square-foot and replace the access pier with a 58-foot by 8 foot floating dock of 464-square-feet. The project proposes to expand the marina by adding two floating docks. Docks A & B would be 6-foot wide by 171-foot long with ten (10) 4-foot by 20-foot finger piers each. Dock A would accommodate 20 slips and Dock B would accommodate 22 slips. The project would also repair or replace the existing utility pedestals. The proposal would increase in the number of floating wet slips from 36 to 86 (all wet slips will have a maximum limit of 25-feet long boats).
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 current proposed designed footprint of the floating docks does not impact the vegetation on Lake Harris. The designated staging area was specifically chosen to not impact the current vegetation present on Lake Harris.
Standard floating turbidity barriers will be utilized during the construction to limit the sediments allowed into the water. The project would be using standard construction practices to limit the amount of disruption in the water from the proposed activity.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The footprint of the proposed work areas is not within the vegetation delineation, which shows that none of the vegetation will be displaced.
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 project being previously permitted by the Corps, the proposed docking structures being in the same footprint of the existing marina, and the geographic information system not containing specific historic or archeological resources within the permit review areas, the Corps has determined that the project would have No Potential to Affect Historic Properties.
ENDANGERED SPECIES: The Corps made the following determinations pursuant to Section 7 of the Endangered Species Act. The Corps has determined the proposed project “May affect” the West Indian manatee (Trichechus manatus)
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 West Indian (Florida) manatee (Trichechus manatus). The use of the Key resulted in the following sequential determination: A>B>C>D>G>H>I>J>K “May affect”. The Corps will initiate of formal consultation with consultation with the U.S. Fish and Wildlife Service (FWS) 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. 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 structure or activity 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 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, by electronic mail to Mr. Edgar W. Garcia at the following email: Edgar.W.Garcia@usace.army.mil with the project number, SAJ-1992-00708, in the subject line. Comments can also be submitted by mail at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 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 Edgar W. Garcia, Senior Project Manager, by electronic mail at Edgar.W.Garcia@usace.army.mil, or in writing at the Tampa Permits Office at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610, or by telephone at 813-769-7062.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).
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.