SAJ-2017-02133 (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 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: Amy Butler and Nick Fletcher

                     Tampa Electric Company

                     702 N Franklin Street

        Tampa, Fl 33602

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Hillsborough Bay. The project/review area is located on the east side of the Tampas Electric Company and the MOSAIC Company in Section 9, Township 31 South, Range 19 East; at Latitude 27.807428 and Longitude -82.42532; in Apollo Beach, Hillsborough County, Florida.

EXISTING CONDITIONS: The area where the work is proposed is a previously dredged channel adjacent to Tampa Electric Company and the MOSAIC Company. This federal channel has originally authorized in 1966 (permit no. 66-262) and reauthorized in 2001 (permit no. 199403092). The channel was authorized for deepening to 46 feet in 2018 under SAJ-2017-02311. Currently the channel is 43 ft mean low water (MLW). There is an existing 788 ft by 60 ft dock at the southeast end of the channel.

There are no protected or aquatic resources in the current project footprint. Seagrasses are not present in the current channel. Therefore, impacts to benthic resources are not anticipated. The substrate is native seafloor composed of sand and silt. The project is within a designated Warm Water Aggregation Area (WWAA) for the West Indian manatee. All three (3) potential locations for the placement of dredge spoils are subject to the Migratory Bird Treaty Act.

PROJECT PURPOSE:

Basic:  Dredging

Overall:  The purpose of this project is to deepen the channel to 2018 permitted depths to allow proper access for shipping vessels to reach the Big Bend Station.  

PROPOSED WORK:  The applicant requests authorization to deepen the North-South channel at Big Bend Station to a maximum depth of 45 ft MLW with 1-ft over dredge that was previously authorized in 2018. Applicant will dredge 46 acres, removing 236,208 cubic yards of material via clamshell or hydraulic dredge. Two (2) hopper barges will be used to dewater the dredge spoils within the turbidity curtains in the North-South channel prior to traveling to the dredge disposal location. Once the barges reach the disposal area, the dredge spoils will be pumped out of the hopper barges and into either spoil islands 2D, 3D in Hillsborough Bay, or onto Fishhook Island to be used in a restoration project for oystercatcher habitat.

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

Dredging will take place as much as possible outside of migratory bird nesting season, and ideally outside of manatee season as well, though that may be unavoidable. Manatee observers will be present during all dredging and filling operations to ensure no impacts to manatees occur. Turbidity curtains will be placed around the filling locations to minimize impacts to aquatic populations.

If dredge materials are placed in the spoil islands 2D or 3D, berms and stormwater management features will prevent dredged materials from running back into the waterway. If dredge materials are placed at Fishhook Island, turbidity curtains will be placed around the island to prevent dredged materials from sloughing into the waterways until it is sufficiently stabilized. No wetland areas are present in the dredge or dredge spoil locations.

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

There are no aquatic resources in the dredge footprint or on the spoil islands, no impacts are anticipated. Should any seagrass be observed in the fill areas it will either be avoided or compensated by planting activities following the completion of restoration activities.

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:

No 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; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from 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) 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.

West Indian Manatee proposed critical habitat (May affect): The proposed project area lies within a WWAA. Use of the 2013 Manatee Key resulted in a determination resulted in the following determination (A>B = May affect). Therefore, the Corps has determined the project may affect, the West Indian manatee and requires further consultation with USFWS.

CENTRAL AND NORTH FL DOCKS Wood Stork (NLAA): The proposed activity is within the Core Foraging Area of several rookeries, the closest at 10.6 miles. The project supports marginal Suitable Foraging Habitat (SFH) for wood stork. Based on the Effect Determination Key for the Wood Stork in Central and North Florida (dated Sep 2008), the Corps determination sequence is as follows: A > B > C = Not likely to adversely affect (NLAA). Per Key stipulation, no further consultation with USFWS is required.

The Corps has determined that the proposed project will require USFWS consultation for the Migratory Bird Act due to the disposal location of the dredge material on spoil islands 2D, 3D or Fishhook Island.

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.

The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). There are no aquatic resources in the dredge footprint or the disposal site. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

Table 2. EFH species that have potential to be in the project location.

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 dredging activity is within the Tampa Harbor, Multiple projects and Big Bend federal channel. SAJ Navigation Section already commented on the project stating, the proposed project is for dredging only, no placement of structures. Therefore, Navigation does not object to issuance of this permit.

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 a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).

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. 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 July 2, 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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