SAJ-2022-02599 (SP-CPC)

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at carissa.p.curlee@usace.army.mil .

APPLICANT: Thomas Pyche

                     Pasco County

                     4111 Land O Lakes Blvd

       Land O Lakes, FL 34639

WATERWAY AND LOCATION:  The project would affect waters of the United States (WOTUS) associated with Anclote River.  The project/review area is located on the West side of Baillies Bluff Road, in 34 Section, 26 Township, 15 Range; at Latitude 28.175976 and Longitude -82.786702; in Holiday, Pasco County, Florida.

EXISTING CONDITIONS: Anclote River Park is a 45.86 acre park, located off Baillies Bluff Road in Holiday, FL, owned and operated by Pasco County. The park hosts public access facilities including swimming areas, picnic areas, restrooms, kayak access, playground area, parking, floating docks, and a boat ramp. The existing waterfront at Anclote River Park consists of a boat ramp (9,000 square feet (SF)) with two (2) single vessel launching lanes and two (2) double vessel launching lanes providing six (6) total lanes. Three (3) concrete floating docks are located on the boat ramp. An additional concrete floating dock northeast of the boat ramp provides temporary mooring with six (6) vessel slips. All floating docks have aluminum gangways and timber piles. Access to the two (2) southernmost floating docks as well as the northeastern most floating dock includes a fixed aluminum walkway supported by notched timber piles and aluminum c-channels. The third boat ramp floating dock has a fixed timber access pier supported by concrete piles and concrete pile caps. An 83 linear foot (LF) concrete panel wall jetty with a concrete cap borders the southernmost edge of the boat ramp, and variable amounts of riprap border the shoreline. The uplands consist of two (2) traffic loops and 183 trailer parking spots.

One of the ramps is presently unused because of damage from the 2024 hurricanes. No Corps permits have been found for the park structures. The stormwater facilities and dock additions were permitted under FDEP ERP 51-0155965-005-EM.      

PROJECT PURPOSE:

Basic: Public recreational improvements

Overall: The project proposes to improve public access and safety at Anclote River Park and accommodate current public use of and access to the Anclote River.

PROPOSED WORK:  The applicant requests authorization to redesign and make upgrades to the existing Anclote River Park and boat ramp. Upgrades include removing all existing boat ramp features and build a new boat ramp, install new floating docks, a jetty and provide additional parking in the uplands.

• Install a sheet pile cofferdam around the existing boat ramp to dewater the project site.  
• Remove forty-four (44) piles, four (4) floating docks, 9,000 SF of concrete boat ramp, and 83 LF of concrete panel jetty.
• Install a 172 ft wide by 99 ft long (17,028 SF) cast in place concrete boat ramp to create four (4) double lanes for launching (eight (8) lanes total). 1-ft diameter scouring stone will be installed around the perimeter of the ramp.
• Install five (5) 10 ft wide by 50 ft long floating launch docks connected to the shore by a 6 ft wide by 60 ft long aluminum gangway. Fifteen (15) 18-in concrete square pilings will hold the floating docks in place. Pilings will be installed via pre-drilled holes and an impact hammer.
• A temporary mooring floating dock will be installed north of the boat ramp. The floating dock will have eight (8) floating 4 ft by 30 ft finger piers connected to a 10 ft wide and 140 ft long floating dock to provide temporary mooring for boaters before and after launching/retrieving efforts. Access to the structure will be from a 6 ft wide and 60 ft long aluminum gangway and via one of the floating launch docks. Sixteen (16) 18-in concrete square pilings will hold the floating dock and finger piers in place.
• Install a 129 ft long jetty using steel sheet piles with a concrete pile cap on the southwest end of the project. Sheet piles will be installed via pre-form holes using an H-pile and then vibrate in place. The jetty will have 85 LF of scouring stone on the south end to minimize erosion.
• One (1) 12-in timber piling will be installed at the end of the jetty with a navigation hazard sign attached to it.

The proposed project will impact 19,033 SF of substrate and 7,020 SF over-water impacts. A total of thirty-one (31) 18-inch concrete square pilings will be installed via pre-drilled holes and impact hammer. A total eight (8) boat launch lanes and nine (9) temporary boat slips will be rebuilt. The project will require 436 cubic yards (CY) of material below the MHWL. In the uplands a network of roads, parking and storm water ponds will be created around the existing wetlands. A total of 160 new trailer parking spots are proposed for a total of 343 trailer parking spots.   

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

When redesigning the Anclote River Park, attention was given to the location of existing wetlands and surface waters so that the design footprint would avoid impacting wetlands to the extent practicable. The redesign utilizes as much of the existing infrastructure as possible to minimize impacts to the green spaces within the park. In water work for the boat ramp is unavoidable because the ramp is already there. Expanding the current ramp prevents impacts to the greatest extent possible. All other wetland impacts are avoided.

Erosion control measures such as sediment barriers, riprap, and turbidity curtains will be implemented to prevent unanticipated impacts to WOTUS.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:

The proposed impact is limited to ±0.21 acres of WOTUS and open surface water feature. The affected area will remain as wetland in the post conditions and thus the proposed impacts are considered temporary. Additionally, the impact area includes a region documented to contain populations of Shoal grass ranging in density from 50-80%. The amount of seagrass impacted is limited to 699 SF and thus is considered de minimus. In post construction conditions, the region of calm water where the seagrass bed was observed is anticipated to increase in size creating providing improved habitat to encourage the expansion of currently present seagrass beds as well as the natural recruitment of future seagrass populations. As a result of the limitation of the proposed impacts and the improved habitat to result in post construction conditions, no mitigation is proposed for this habitat impact.

CULTURAL RESOURCES:

The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

Historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places), are present within the Corps’ permit area; moreover, the undertaking may have an adverse effect on these historic properties. The Corps will initiate consultation with the SHPO and/or THPO.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) NOAA-SERO Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

JAXBO species (MANLAA): The proposed work falls within the Jacksonville Biological opinion parameters. Therefore, the Corps has determined the proposed project may affect but is not likely to adversely affect swimming sea turtles: green sea turtle (Chelonia mydas), Kemp’s Ridley Sea turtle (Lepidochelys kempii), Loggerhead Sea turtle (Caretta caretta); smalltooth sawfish (Pristis pectinata); and Gulf sturgeon (Acipenser oxyrinchus desotoi).

West Indian Manatee proposed critical habitat (May affect): The proposed project area lies within an important manatee area (IMA). Use of the 2013 Manatee Key resulted in the following determination (A>B>C>D>G>H>I>J>L>M = May affect). Therefore, the Corps has determined the project may affect the West Indian manatee and further consultation with USFWS will be required.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information. 

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would directly impact approximately 699 square feet of seagrass habitat. The effects of the project are determined to be substantial and permanent. These habitat(s) are utilized by the following species and their various life stages:

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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no.51-0155965-005-EM.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until June 9, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Carissa Curlee at carissa.p.curlee@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Carissa  Curlee, 10117 Princess Palm Ave., Suite 120, Tampa, FL 33610.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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