SAJ-2002-03332 (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 aquatic resources associated with Hillsborough Bay. The project site is located within Port Redwing, 6059 Diana Toledo Almeida Rd; at latitude 27.808906° and longitude -82.39762°; in Gibsonton, Hillsborough County, Florida.

EXISTING CONDITIONS: Port Redwing is a Port Tampa Bay bulk cargo facility situated along the excavated Port Redwing Channel directly connected to Hillsborough Bay, in south Hillsborough County, Florida. The project site consists of previously developed upland areas within an industrial-maritime transportation facility. Port berths 300, 301, and 302 are positioned along the northern extent of the channel and berths 400 and 401 are along the southern extent of the channel. Concrete wharfs jut into the channel in association with berths 300, 302, 400, and 401. The berth 301 shoreline includes maintained vegetation stabilized with riprap, extending from the top of bank to below the Mean High-Water Line (MHWL). The project area is located within the Manatee Warm Water Aggregation Area (WWAA) at Big Bend.

The Corps has authorized multiple activities in Port Redwing under SAJ-2002-03332. The Department of the Army (DA) permit, dated January 20, 2004, permitted the filling of 9.70 acres of wetlands, the dredging of 783,800 cubic yards (CY) of material from 36.87 acres of the Port Redwing Channel, and an 80-foot (ft) by 4000-ft marginal wharf. The permittee proposed to create 10.06 acres of on-site wetlands as compensatory mitigation. This mitigation was unsuccessful. On November 7, 2008, a modification was issued, authorizing the construction of 4,000 linear feet of steel bulkhead with 30,184 CY of backfill placed waterward of MHWL in place of the 4000-ft marginal wharf. This modification also authorized the construction of four (4) 15-ft by 17-ft interim breasting dolphins and dredging of approximately 827,173 CY of material from an area approximately 506-ft wide (top width) by 4,575-ft long to a depth of -34 feet NGVD with a 2-ft allowable overdredge. The compensatory mitigation plan continued to propose the creation of 10.06 acres of on-site wetlands; this mitigation was also unsuccessful.

A second modification issued on February 4, 2010, authorizing an additional 0.16 acres of wetland impacts for the construction of two (2) railroad spur lines parallel to the existing access road, from the existing rail line near U.S. Highway 41 to the docking facilities at the west end of Port Redwing. Additionally, the compensatory mitigation plan was amended. In lieu of the 10.06 acres of on-site mitigation at the industrial site, the permittee funded the execution and completion of the Cockroach Bay Aquatic Preserve. The 70.81-acre mitigation area was to be constructed within and adjacent to two (2) existing borrow pits (ponds) at the Cockroach Bay Preserve. The new mitigation area would be less risk and of a greater ecological value compared with the mitigation area at the industrial site. This mitigation plan was anticipated to result in additional mitigation credits once the area reaches the success criteria described in the modification letter. The excess mitigation credits, if available, may be applied toward future Tampa Port Authority projects only, via a permit modification.

PROJECT PURPOSE:

Basic: Port berth modification to support growing economic demand for consumer goods and materials.

Overall: The overall purpose of the project is to enhance Port Tampa Bay operations by expanding berth capacity to accommodate increased vessel traffic, enable streamlined cargo transfers, and support long-term commercial maritime operations.

PROPOSED WORK: The applicant requests authorization to modify berth 301 at Port Redwing, a satellite facility of Port Tampa Bay, by bridging the gap between berths 300 and 302. The berth 301 would be designed to accommodate large dry bulk and multi-purpose vessels, significantly improving general non-containerized cargo vessel capacity at Port Redwing. The modifications would allow the berths to accommodate three (3) vessels instead of two (2) to berth in the same waterfront footprint by converting unused water frontage into a highly productive port asset. The new berth is expected to increase use of the port by approximately 124 vessel trips per year.

The project includes deployment of 40,000 CY of clean fill over approximately 53,200 square feet (SF) of submerged lands. A 100-ft by 502.88-ft dock, comprised of a 500-ft Pipe-Z bulkhead along the shoreline with 80-ft of return wall, and breasting dolphin, would be installed to connect the existing marginal wharves at berths 300 and 302. A total of 56 60-in diameter steel pipe piles and 57 steel sheet pile pairs would be installed via a combination of vibratory and impact hammers to support the in-water structures.

The U.S. Department of Transportation (USDOT) Maritime Administration (MARAD) awarded funds to the Port Tampa Bay under the Rebuilding America Infrastructure with Sustainability and Equity (RAISE) Grant to support the New Berth 301 project. The grant requires completion of the National Environmental Policy Act (NEPA) process prior to obligation of the funding. The new dry bulk berth would serve numerous industries, including phosphatic, cementitious, food and agriculture, wallboard and construction, project cargo and others. There is no appropriate dry bulk handling facility with available capacity for several million tons of growth within 200 miles of central Florida, greater Tampa Bay, or Fort Myers/Sarasota.

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 applicant 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. Fenders or buoys that provide a minimum standoff space of at least 4-ft under maximum designed compression shall also be utilized between two (2) vessels that are moored together such as, but not limited to, the mooring of the vessels and construction barges. Also, all vessels would be required to enter the channel at below no wake speed and approach the berth at less than one knot per second.

Silt fencing would be required during construction to control erosion and sedimentation in the uplands. 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. The turbidity barriers and silt fencing 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.

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. To minimize noise impacts associated with the impact pile driving all work would be limited to daylight hours only, no more than five (5) piles would be installed daily by impact hammer, and protected species observers must be present during construction. Piles would be installed with the use of cushion blocks and a slow ramp up would be utilized during impact driving.

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

Port Tampa Bay has completed the compensatory mitigation for the Port Redwing peninsula development. The 70.81-acre Cockroach Bay Aquatic Preserve mitigation area was constructed within and adjacent to two (2) existing borrow pits (ponds) at the Cockroach Bay Preserve. No impacts to other aquatic resources are anticipated, as the project would be conducted using best management practices in accordance with the avoidance and minimization measures listed above. 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:

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; however, the undertaking will have no adverse effect on these historic properties. 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. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below (Tables 1 and 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

Pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et seq.), any required consultation with USFWS and NMFS will be conducted in accordance with 50 CFR part 402. MARAD is the lead Federal agency for consultation under Section 7 of the ESA and initiated consultation with the USFWS in compliance with 50 CFR part 402.

The project involves the filling of an industrial basin and installation of a wharf to connect Berths 300 and 302. Minimal land will be affected by the project. Due to the land 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, tricolored bat, 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 and additional consultation is not necessary.

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 Corps has determined additional consultation is not necessary.

The project is located within West Indian manatee consultation area and a designated WWAA. Based on the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, MARAD determined the proposed project “may affect” the manatee. Consultation with USFWS was initiated on June 13, 2023. On April 10, 2025, USFWS issued a letter stating “the Service concludes the likelihood of take of one or more manatees as a result of the Project is insignificant or discountable. The Service therefore concludes a "may affect, not likely to adversely affect" determination for manatees is appropriate.”

The Corps has reviewed the documentation provided by MARAD and determined it is sufficient to confirm Section 7 ESA compliance for this permit authorization, and additional consultation is not necessary. The applicant is required to comply with the 2011 Standard Manatee Conditions for In-water Work and the agreed upon manatee watch plan developed in coordination with USFWS. During impact pile driving of metal piles or sheet piles, the watch plan requires at least three (3) qualified observers, with one (3) being a boat-based observer that will perform a sweep of the entire Redwing Canal at Idle Speed prior to any pile installation.

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

By letter dated December 6, 2024, MARAD initiated consultation with NMFS regarding the proposed action in compliance with 50 CFR part 402. MARAD determined that the proposed activity may affect, but is not likely to adversely affect, the ESA-listed species and critical habitat under the purview of NMFS. On January 3, 2025, NMFS concurred with MARAD’s conclusion that the proposed action is not likely to adversely affect the NMFS ESA-listed species and/or designated critical habitat.

The Corps has reviewed the documentation provided by MARAD and determined it is sufficient to confirm Section 7 ESA compliance for this permit authorization, and additional consultation is not necessary. The applicant will be required to comply with National Marine Fisheries Service’s “Protected Species Construction Conditions, NOAA Fisheries Southeast Regional Office” dated May 2021.

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.

MARAD is the lead Federal agency for consultation under the essential fish habitat (EFH) provisions of the Magnuson-Stevens Fishery Conservation and Management Act and initiated consultation with the NMFS in compliance with 50 CFR part 600.920. By letter dated June 20, 2023, MARAD initiated consultation with NMFS regarding the proposed action. NMFS Habitat Conservation Division (HCD), responded via email,

dated June 20, 2023, any anticipated adverse effects that might occur on marine and

anadromous fishery resources due to the proposed project would be minimal. Therefore, the NMFS HCD does not have any EFH conservation recommendations to provide regarding these activities and the consultation procedures outlined in 50 CFR Section 600.920, of the regulation to implement the EFH provisions of the Magnuson-Stevens Act have been satisfied.

The Corps has reviewed the documentation provided by the agency and determined it is sufficient to confirm compliance for this permit authorization with the EFH provisions, and additional consultation is not necessary. 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).

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.

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 5, 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-2002-0332) 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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