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. Robert Tinetra
Davis Island Yacht Club
1315 Severn Ave.
Tampa, FL, 33606
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Hillsborough Bay. The project site is located in an existing marina basin at 1315 Severn Avenue, in Section 02, Township 30 South, Range 19 East, Tampa, Hillsborough County, Florida 33606.
Directions to the site are as follows: From I-4 W, take the exit on the left toward Selmon Expressway. Take exit 5 toward Hyde Park/Davis Islands toll road. Merge onto W. Brorein Street. Turn left onto South Hyde Park Ave. Take the ramp to Davis Blvd. Keep right at the fork, follow signs for Davis Islands. Make a slight left onto Davis Blvd. Keep right to continue on W Davis Blvd. Make a slight left onto S Davis Blvd. At the traffic circle, take the first exit onto Severn Ave. Continue straight onto Martinique Ave. Continue right on Severn Ave. The project is at the marina at the end of Severn Ave.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.908337
Longitude -82.450184
PROJECT PURPOSE: Basic: Boating Access
Overall: Maria expansion in Hillsborough County, Florida.
EXISTING CONDITIONS: The marina is a previously authorized project by the Corps. The site is an existing 156-slip wet slip marina consisting of three main piers and two floating docks with 18 boats in the Seaplane Basin in Hillsborough Bay. The marina also supports 236 dry slips (including racks and trailer dry slips) The shoreline is partially armored and partially natural mangrove shoreline. The bottom is comprised of sand and silt with no benthic resources observed within the marina basin.
PROPOSED WORK: The applicant proposes to demolish the current 29-slip sailboat Dock “A” and drive 190 18-inch wood pilings to construct a new 24-slip sailboat dock “A” (5,225 square feet) with a wave attenuation fence on the outer edge. Additionally, the applicant proposes to add a new Dock “A1” (240 square feet), a new dock “B1” (240 square feet), a new dock “D” (2,655 square feet), and a new hoist floating dock extension (240 square feet). The project also includes maintenance dredging within the perimeter new dock “A” to 4-feet below Mean Low Low Water (MLLW) to clean up accumulated sediments within the existing dock slips. Though the number of slips in dock “A” will decrease from 29 to 24, the additional floating docks will provide 18 new slips for sailboats and dinghies.
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 work is proposed within the existing yacht club, and water depths throughout the marina are deep enough to preclude the existence of submerged aquatic vegetation. The silty mud bottom conditions also prevent the growth of SAV, so there will be no negative impacts on valuable resources. Maintenance dredging will be done to avoid prop dredging in shallow areas, and all pilings will be set using minimally invasive techniques in shallow open-water areas. Other than Manatees, the project will not have the potential to impact endangered or threatened species, and Standard Manatee In-Water Work Conditions will be observed to protect manatees. The facility is also primarily used by slower-moving sailing vessels with much less potential to impact manatees.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Potential impacts to resources are minimal since there is no seagrass in the construction area, no upland plants or vegetation is affected by construction activities, turbidity management techniques (boom floats) will be utilized during on water activities.
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.
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 use of the Key resulted in the following sequential determination: A>B>C>D>G>H>I>J>L>M “May affect” the West Indian (Florida) manatee (Trichechus manatus). Although the number of slips exceeds the residential dock density threshold, the primary use of the proposed docking areas is for sailboats. Since sailboats and small dinghies travel at low speeds, the project would comply with the Standard Manatee Conditions for In-water Work (2011) and will install permanent manatee educational signs in perpetuity at each dock location per FWC requirements; the U.S. Army Corps of Engineers has determined the proposed project “may affect, not likely to adversely affect” the manatee. The Corps will initiate 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.