SAJ-2002-07999 (SP-MAM)

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:

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with Old Tampa Bay.  The project site is located at 6005 Beacon Shores Street, Tampa, in Section 8, Township 30 South, Range 18 East, Tampa, Hillsborough County, Florida.

Directions to the site are as follows:  From the Tampa Regulatory office at 10117 Princess Palm Avenue, Suite 120, Tampa, take 1-4 West, to the Selmon Connector, take the Connector south to the Selmon Connector, take the Connector west to West Gandy Boulevard, take Gandy west to South Westshore Blvd. The site is located on the west side of the road.

PROJECT PURPOSE:  Basic: Expansion of an existing commercial marina.

Overall:  Install 22,233 square feet of new floating docks and finger piers at a commercial marina to support the mooring of an additional 48 vessels.

EXISTING CONDITIONS: The project area includes a dredged channel that runs east and west along the north side of a dredged basin, and the existing marina which is located along the eastern side of the dredged basin. Seagrass and oyster beds are located within shallow water areas west of the marina, and within shallow waters that are located along the northeast side of the marina. Shallow areas along the northside of the basin are vegetated with mangroves. The immediate shoreline surrounding the marina has been armored with a concrete seawall.

PROPOSED WORK:  The applicant seeks authorization to expand an existing commercial marina by adding an additional 48 slips along the north side of the marina. Work will include the construction of four new access piers including a 12-foot by 621-foot access pier (Dock F), a 15-foot by 307-foot access pier, an 8-foot by 149-foot access pier (Dock G), and a 15-foot by 306-foot access pier (Dock H). The new access piers will support sixteen (16) 4-foot by 40-foot finger piers, one (1) 8-foot by 40-foot finger pier, two (2) 4-foot by 65-foot finger piers, One (1) 8-foot by 65-foot finger pier, One (1) 8-foot by 70-foot finger pier, and two 8-foot by 80-foot finger piers to allow for the mooring of 48 additional vessels. With this addition the marina will now support the mooring of 222 vessels. 

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 proposed work takes place within an area devoid of aquatic resources such as seagrasses, other submerged aquatic vegetation, or mangroves. The applicant intends to use best management practices such as turbidity curtains and water quality monitoring for turbidity during construction of the marina. The applicant has agreed to follow all applicable conditions for the protection of federally listed species.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:  The proposed project should not result in the loss of any aquatic resources such as seagrasses, other submerged aquatic vegetation, or mangroves.

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 repeated past dredging events and impacts to the area from modifications of the existing marina the Corps has determined that the project would have No Potential to Cause Effects to Historic Properties.

ENDANGERED SPECIES: The project area is within the consultation areas for the piping plover and the West Indian manatee. The project is located within an Important Manatee Area. The site is within the core foraging area for at least one wood stork nesting colony. Construction and use of the docking facility have the potential to affect the Gulf sturgeon, smalltooth sawfish, and swimming sea turtles. Corps staff has determined that the project will not impact suitable habitat for the piping plover or suitable foraging habitat for the wood stork. Therefore, the Corps has made a determination of 'no effect' for these two species, and no further consultation is necessary.

The Corps evaluated the proposed work utilizing NMFS's Jacksonville District's Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. Based on past permitting practices of the Corps and review of consultations with similar in-water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of designated CH. For this application, the Corps conducted a project specific review to ensure that all of the PDCs were met.

Due to the proposed total number of boat slips, the Corps has determined that the project does not meet PDC A2.1.3 during dock construction, and that the project may affect but is not likely to adversely affect the Gulf sturgeon, swimming sea turtles, and smalltooth sawfish or it’s designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

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 0.51 acres of marine habitat utilized by various life stages of marine and anadromous species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Old Tampa Bay.  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: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is 1.6 miles away from the near bottom edge of the Intracoastal Waterway federal 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 Tampa Permits Section, 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 the project manager, Mark A. Marousky, in writing at the Tampa Permits Section10117 Princess Palm Avenue, Suite 120, Tampa, Florida, 33610-8302; by electronic mail at; by electronic mail at mark.a.marousky@usace.army.mil; or, by telephone at (813) 597-597-7646. 

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 Southwest Florida Water Management District (SWFWMD). The project is being reviewed under SWFWMD application no. 43024406.000.

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.