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: Sam Lowrey
MarineMax East, Inc.
501 Brooker Creek Blvd
Oldsmar, Fl 34677
WATERWAY AND LOCATION: The project would affect waters of the United States and navigable waters of the United States associated with Anclote River. The project/review area is located at 1078/1082 Island Avenue, in 12 Section, 27 Township, 15 Range; at Latitude 28.156539 and Longitude -82.760489; in Tarpon Springs, Pinellas County, Florida.
EXISTING CONDITIONS: The proposed project area is at an existing marina and boatyard on the Anclote River across the channel from the historic sponge docks in Tarpon Springs. Based on historical aerials the original timber frame dock was built back in the 1940’s to provide temporary mooring for large vessels awaiting service at the boatyard and/or to provide permanent dockage for vessels supporting the Sponge industry of Tarpon Springs.
The property has 407-ft of seawall that borders a 100-ft wide federally maintained channel, specifically described as Cut-14. To the east of the property there is a 112-ft wide boat ramp and rail system leading to a large bay area that serves as a federal “Turning Basin”.
PROJECT PURPOSE:
Basic: Commercial docking
Overall: The purpose of this project is to replace the existing docking structures to provide temporary mooring at a boatyard facility in Tarpon Springs
PROPOSED WORK: The applicant requests authorization to remove the existing thirty-five (35) slips at a marina and install a new marina to accommodate temporary mooring. Structure will consist of three (3) 8-ft wide floating concrete docks (117-ft, 134-ft and 135-ft) will run parallel to the shore. Floating docks will be held in place by a fifteen (15) 18-in hollow steel pipe pilings installed via vibratory hammer. Three (3) fixed access piers (two (2) 8-ft by 20-ft and one (1) 8-ft by 12-ft) will extend from the uplands and attach to the floating docks by an 8-ft by 12-ft gangway to a 6-ft by 12-ft landing adjacent to the floating docks. Access piers will be supported by ten (10) 14-in square concrete pilings via impact hammer.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The proposed structure will fall within the existing marina footprint. There are no aquatic resources in the project footprint. While the proposed plans are within 4.8-ft the federal channel the proposed structure has been designed to be as close to the shoreline as possible. The existing marina has existed sine the 1940s, prior to the 2019 federal channel widener.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposed no mitigation as they reported no resources are in the project area.
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes and other interested parties.
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. 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.
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Species Common Name and/or Critical Habitat Name
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Scientific Name
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Federal Status
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West Indian Manatee
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Trichechus manatus
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Endangered
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Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted 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.
The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). As there is no EFH in the project location and will be placed in the footprint as the existing structures. 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.
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 waterward edge of the proposed structure is 4.8 feet away from the near bottom edge of the Anclote River federal channel widener and 43.6 feet from the edge of the federal channel.
SECTION 408: The applicant will 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 alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 52-0314177-009-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. 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 September 19, 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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