Effective immediately: public notices are published with only the vicinity map, plan view and cross-section drawing. If you are interested in receiving additional project drawings associated with any public notice, please send an email to the project manager at the email address listed in the public notice.

 

Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2023-02356 (SP-EWG)

U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION
Published Dec. 16, 2024
Expiration date: 1/7/2025

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. Chris Hill
GHS Marina, LLC
P.O. Box 2677
Brandon, FL, 33509

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Salt Fish Creek, Safety Harbor, Old Tampa Bay. The project site is located in an existing marina basin in Section 23, Township 28 South, Range 16 East, at 1013 St. Petersburg Drive W, Oldsmar, Pinellas County, Florida 33606.

Directions to the site are as follows:  From I-4 W, take I-275 South to exit 39 SR-60 Memorial Highway. Continue north onto SR-589 Veterans Highway / Eisenhower Boulevard N. Stay on Eisenhower Boulevard N and exit left on SR-580 West Hillsborough Avenue. Turn left at the traffic light on St Pete Drive. The project is 350 feet after the traffic light on your right at the marina.

APPROXIMATE CENTRAL COORDINATES: 
Latitude:     28.036190°
Longitude: -82.679093°

PROJECT PURPOSE:
Basic:  Marina Docks & Dredging
Overall: Maria reconstruction, expansion & dredging for boating access in Pinellas County, Florida.

EXISTING CONDITIONS: 
According to property records and a review of historical aerial imagery, the Oldsmar Marina was built in 1963. The 1965 aerial photograph shows the fully operational marina, with in-water boat slips in the basin's northern section. By 1980, the aerial imagery indicates that the marina had expanded its in-water slips along the entire shoreline and added a public boat ramp and a boat storage building. The 1994 aerial imagery reveals that the upland boat storage area had grown to include two buildings. Based on these historical aerials, the facility has operated with in-water slips (with a maximum of thirty (30) slips documented in the 1980 aerial and currently nineteen (19) slips according to the existing submerged land lease), high/dry slips, rented trailer parking, and a boat ramp.

Currently, Jack Willy's restaurant is open and operational on-site, as well as a barbershop. The property also includes a marina office and a roofed boat storage rack. Recently, dilapidated docks were removed to maintain compliance with the submerged land lease. The boat storage building previously housed thirty-six (36) vessels, although none are currently stored there. Based on historical aerial imagery, the estimated number of trailer parking spaces on-site is fifty-nine (59). The submerged land lease authorized the docking of nineteen (19) vessels in the water. Therefore, the applicant believes that the marina accommodated a total of 113 slips for both wet and dry storage during its peak operations. They also note that before the boat ramp was closed to public use, the estimated number of boats utilizing the ramp reached upwards of two-hundred (200) vessels.

The property features an 811-lineal foot seawalled shoreline. A concrete boat ramp is closed for use, and two large concrete bollard poles have been installed on land. The area within the ramp has become home to mangroves, which has led to its closure. The shoreline vegetation consists primarily of wetland areas. The percentage of wetland coverage is approximately 2.8% of the total parcel area, calculated as 3,324 square feet of wetlands out of a total parcel area of 118,470 square feet.

The project is mapped on the National Wetland Inventory (NWI) as E1UBL ((E) Estuarine; (1) Subtidal; (UB) Unconsolidated Bottom; (L) Subtidal; which is part of Safety Harbor, Old Tampa Bay and directly connected to the Gulf of Mexico.

PROPOSED WORK:  The applicant proposes to redevelop the marina site by constructing a boat dry stack facility, conducting maintenance dredging, and establishing a docking facility.

The project plans to build four buildings to accommodate a dry stack facility for 430 vessels. Maintenance dredging will take place along 3,324 feet to a depth of -5 feet Mean Low Water, allowing for a 1-foot over-dredge to remove 19,625 cubic yards of material from a total area of 191,107 square feet (4.39 acres) for boat access to Old Tampa Bay. Additionally, sixty-four (64) eight (8) inch wood pilings will be installed to create a 9,687 square foot floating dock with fifteen (15) wet slips.

The dredged material will be contained on-site and allowed to dry. Spoil will be secured with a silt fence and stacked hay bales to prevent water from returning to surface waters. Once dried, the material will be transported off-site to the Pinellas County landfill, ensuring that no discharge occurs from the dredging or handling area.

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 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.

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. 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 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 project exceeds the historical boat slip count of the facility. based upon the use of the Key the U.S. Army Corps of Engineers has determined the proposed project “may 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.

The Corps utilized the National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO), dated November 2017, to analyze 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, Johnson's seagrass; 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 corals (elkhorn and staghorn) in accordance with Section 7 of the Endangered Species Act.  The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened/endangered swimming sea turtles (Chelonia mydas, Lepidochelys kempii,  Caretta caretta). The Corps has also determined that the project may affect but is not likely to adversely affect, the endangered smalltooth sawfish (Pristis pectinata) and Giant manta ray (Manta birostris). The Corps will request concurrence with this determination with NMFS pursuant to Section 7 of the Endangered Species Act by separate correspondence.

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 not impact SAV but would impact approximately 4.39 acres bottom that may be utilized by various life stages of coastal migratory pelagic, red drum, reef fish, and shrimp. 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.

CLICK HERE for Public Notice and Graphics