SAJ-2019-01142 (SP-RSS)

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 rachel.s.somerville@usace.army.mil.

APPLICANT: Patrick Blair

                     Port Tampa Bay

                     1101 Channelside Drive

       Tampa, Florida 33602

WATERWAY AND LOCATION: The project would affect the waters associated with the Ybor Channel, connected to Hillsborough Bay. The project site is located at 1300 Harbor & Channelside Drive; at latitude 27.949079° and longitude -82.452988°; in Tampa, Hillsborough County, Florida.

EXISTING CONDITIONS: The Metro Port complex is located at 1300 Harbor & Channelside Drive, Tampa, Hillsborough County, Florida. It is comprised of berths 263, 264, and 265, situated in an upland cut basin that was constructed at the north end of the Ybor Channel within Port Tampa Bay in the 1930s and was utilized by a ship repair company until the late 2010s. In June 2018, an inspection of the facility was conducted, resulting in the condemnation of approximately 534 concrete piles, concrete beams, a concrete deck with an asphalt overlay, and a cut-off wall at the interface between the deck and upland. In 2020, Florida Department of Environmental Protection (FDEP; permit no. 0374129001EI) and the Corps (SAJ-2019-01142) authorized the demolition of the condemned pile supported wharfs within the Metro Port Complex. Since the demolition, the uplands and water side access has been restricted with fencing and a floating waterside barrier.

Ybor Channel is currently utilized by Port Tampa Bay for cruise ship loading and unloading operations. According to the applicant, the current configuration of the Metro Port Complex is incompatible and non-compliant in accordance with 33 CFR 165.703 (2) (ii) Fixed Security Zones for Moored Cruise Ships. 33 CFR 165.703 (2) (ii) establishes a 200-yard security zone around moored cruise ships which would extend across the entire width of the Metro Port complex while a cruise ship is moored at the existing Cruise terminal 6.

PROJECT PURPOSE:

Basic: upland cut basin fill and shoreline stabilization.

Overall: The overall purpose of the proposed Metro Port Complex Project is to fill a man-made upland cut basin and stabilize the converted shoreline to support on-going Port Tampa Bay operations.

PROPOSED WORK: The applicant requests authorization to redevelop the Metro Port Complex, located at 1300 Harbor & Channelside Drive, in Tampa, FL. Specifically, the applicant seeks authorization to fill 5.6 acres of an upland cut basin with 230,500 cubic yards (CY) of clean structural fill. Initially, the fill to be placed within the Metro Port Complex will be contained by a berm constructed across the mouth of the basin with clean structural fill material, resulting in approximately 0.8 acres of temporary impacts. The berm will be constructed by placing structural fill with a clamshell bucket and will be temporarily armored with rip rap for stabilization. Filling the interior portion of the site will be accomplished by a combination of dump scows and pushing fill material from the uplands. After the completion of filling, approximately 820 linear feet (LF) of new steel combi-wall bulkhead will be installed within the berm footprint to align with the existing bulkhead at berth 267 (Cruise terminal 6) to the south. A total of 124 I-beam king piles and 123 steel sheet piles, utilized for the bulkhead, will be installed via vibratory hammer and impact hammer. Three (3) 36-inch outfalls within the basin will be rerouted to extend through the final bulkhead. Each outfall will be accompanied by a manatee exclusion grate. Project plans are provided below in Attachment 1.
 

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

Prior to the initiation of any of the work authorized by this permit, the Permittee shall install floating turbidity barriers with weighted skirts that extend within 1 ft of the bottom around all work areas that are in, or adjacent to, surface waters. The turbidity barriers shall remain in place and be maintained daily until the authorized work has been completed and turbidity within the construction area has returned to ambient levels. Turbidity barriers shall be removed upon stabilization of the work area. The applicant shall comply with National Marine Fisheries Service’s “Protected Species Construction Conditions, NOAA Fisheries Southeast Regional Office” dated May 2021 and the 2011 Standard Manatee Conditions for In-water Work. The fill material shall be clean – free from items such as trash, debris, automotive parts, asphalt, construction materials, concrete block with exposed reinforcement bars, and soils contaminated with any toxic substance in toxic amounts, in accordance with Section 307 of the Clean Water Act.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: The applicant states there are no aquatic resources present in the project vicinity. The project will result in redevelopment of an upland cut basin, previously used for industrial purposes. The project will not result in any mooring, slips, or boatlifts. According to the applicant, based on this information provided, compensatory mitigation should not be required for the proposed project. The Corps will therefore not require mitigation unless additional information is provided that would indicate the need to mitigate for adverse effects.

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:

Cultural resources that have been determined not 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 by the proposed work. 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) Southeast Regional Office (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. No critical habitat was identified in the project vicinity. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species listed below (Table 1 and Table 2). 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 under the purview of USFWS:

E = endangered; T = threatened; EP = Experimental Population, Non-Essential; N/A = not applicable

The project involves the filling of an industrial upland cut basin and installation of a metal sheet pile bulkhead. Minimal land will be affected by the project as the majority of the work will take place in the water. Due to the historical use of the area as an industrial site, the Corps determined there is little likelihood for the following species to occur within the project vicinity: American crocodile, crested caracara, eastern black rail, eastern indigo snake, everglade snail kite, monarch butterfly, pygmy fringe-tree, rufa red knot, and whooping crane. No suitable habitat is present for these species. Therefore, the Corps determined the project will have no effect on the above ESA-listed species.

The project is located within wood stork foraging area. Based on the North and Central Florida Wood Stork Consultation Key (dated 18 May 2010), the Corps determined the following sequence: A > B > no effect. There are no colonies with 2500 ft of the project site and the project is not located within suitable foraging habitat (SFH).

The project is located within West Indian manatee consultation area but not within designated important manatee area (IMA) or warm water aggregation area (WWAA). The 2013 Effect Determination Key for the Manatee in Florida and May 2019 Addendum resulted in a determination that the proposed project “may affect, not likely to adversely affect”. Due to the potential use of impact hammer to install metal sheet piles, the Corps determined further coordination with USFWS is necessary. Pursuant to Section 7 ESA, any required consultation with the Services will be conducted by separate letter in accordance with 50 CFR part 402.

Table 2: ESA-listed species and/or critical habitat potentially present in the action area under the purview of NMFS-SERO:

E = endangered; T = threatened; EP = Experimental Population, Non-Essential; N/A = not applicable

The Corps determined the proposed project “may affect but is not likely to adversely affect green sea turtles” giant manta rays, green sea turtles, gulf sturgeon, Kemp’s ridley sea turtles, loggerhead sea turtles, or smalltooth sawfish. The proposed action does not qualify for review under the Jacksonville District Biological Opinion (JAXBO). Pursuant to Section 7 ESA, any required consultation with the Services will be conducted by separate letter in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries 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 NMFS. Implementation of the proposed project would directly impact approximately 5.6 acres of estuarine, unconsolidated bottom habitat. The effects of the project are determined to be minimal and permanent. This habitat is 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 NMFS.

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 (WQC) is required from the Florida Department of Environmental Protection (FDEP). FDEP issued the WQC on June 20, 2025 (Permit No: 29-0374129-002-EI).

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.

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 August 4, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Rachel Somerville at rachel.s.somerville@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Rachel Somerville, 701 San Marco Blvd, Regulatory Division 3E, Jacksonville, FL 32207. Please refer to the permit application number (SAJ-2019-01142) 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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