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) as described below:
APPLICANT: Florida Department of Transportation – District 1
Attn: Mr. Brent Setchell
801 N. Broadway Avenue
Bartow, Florida 33830
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Braden River and Foley Creek, which flow to Manatee River. Manatee River and a segment of Braden River are Traditional Navigable Waterways. The project site is located at Interstate 75/State Road 93 (I-75) from north of University Parkway to south of State Road 64, in Sections 1, 2, 12, 13, 14, 24, and 25, Township 35 South, Range 18 East; in Section 26, Township 35 South, Range 18 East; and in Section 35, Township 34 South, Range 18 East, Bradenton, Manatee County, Florida.
Directions to the site are as follows: The project is along I-75. The corridor continues north on I-75 to the State Road 70 interchange. State Road 70 can be accessed via Exit 217A. The remainder of the corridor includes the I-75 corridor as it continues north to just south of State Road 64.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.4412077°
Longitude -82.45908611°
PROJECT PURPOSE:
Basic: The basic project purpose is linear transportation.
Overall: The overall project purpose is to improve the I-75 roadway and State Road 70 interchange to meet current design and safety standards and to improve the traffic conditions of this transportation corridor which has been subjected to continued and projected demand as a result of population growth and commercial and residential developments within this region of Manatee County.
EXISTING CONDITIONS: The existing site conditions, as provided by the applicant, are as follows: The overall project area where work is proposed to occur encompasses 368.71 acres. Of this overall area, a total of 11.93 acres of wetlands and 9.62 acres of surface waters have been identified by the applicant as being within the project area. Following are the descriptions of the wetlands and surface waters identified by the applicant:
Wetland 1 is a Wetland Shrub-Scrub wetland (FLUCFCS 6310) system with a Wetland Forested Mixed (FLUCFS 6300) component. Under the NWI Wetlands and Deepwater Habitats Classification (Cowardin et al, 1979), it is classified as PSS1/3C (Palustrine, Shrub-Scrub, Broad-Leaved Deciduous/Broad-Leaved Evergreen, and Seasonally Flooded). The wetland had standing water and crayfish chimneys present. Canopy and shrub vegetation consisted of wax myrtle (Myrica cerifera), American elm (Ulmus americana), red maple (Acer rubrum), Carolina willow (Salix caroliniana), primrose willow (Ludwigia peruviana), and water primrose (Ludwigia octavalvis). Herbaceous vegetation consisted of cattail (Typha sp.), duck potato (Sagittaria latifolia), smartweed (Polygonum hydropiperoides), alligatorweed (Alternanthera philoerioides), torpedograss (Panicum repens), camphorweed (Pluchea sp.), coinwort (Hydrocotyle sp.), Surinam sedge (Cyperus surinamensis), flat sedge (Cyperus haspan), water hyssop (Bacopa monnieri), foxtail grass (Seteria sp.), and vasey grass (Paspalum urvillei).
Wetland 2 is classified as Wetland Forested Mixed (FLUCFCS 6300) system. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PFO1C (Palustrine, Forested, Broad-Leaved Deciduous, Seasonally Flooded). Canopy vegetation consists of American elm, red maple, laurel oak (Quercus laurifolia), water oak (Quercus nigra),and sweetbay (Magnolia virginiana) with shrub and herbaceous components comprised of saw palmetto (Serenoa repens), buttonbush (Cephalanthus occidentalis), royal fern (Osmunda regalis), pickerelweed (Pontederia cordata), smartweed, and primrose willow.
Wetland 3 and Wetland 4 are Wetland Shrub-Scrub (FLUCFCS 6310) systems with a wetland forested mix (FLUFCS 6300) fringe. Wetland 3 is located adjacent to OSW 1. Wetland 4 is adjacent to OSW 8. Under the NWI Wetlands and Deepwater Habitats Classification, these wetlands are classified as PSS1/3C (Palustrine, Shrub-Scrub, Broad-Leaved Deciduous/Broad-Leaved Evergreen, Seasonally Flooded). Canopy vegetation of the forested fringe consists of red maple, laurel oak, water oak, and sweetbay. Herbaceous vegetation was comprised of cattail, bushy broomgrass (Andropogon glomeratus), primrose willow, and torpedograss.
Wetland 5 is classified as Wetland Forested Mixed (FLUCFCS 6300) and is contiguous with adjacent wetlands that continue east of the ROW. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PFO1C (Palustrine, Forested, Broad-Leaved Deciduous, Seasonally Flooded). Vegetation is comprised of red maple, Carolina willow, laurel oak, torpedograss, maidencane (Panicum hemitomon), wax myrtle, alligator flag and, paragrass (Urochloa mutica).
Wetland 6 is classified as a Wetland Shrub-Scrub (FLUCFCS 6310) system and is contiguous with adjacent wetlands that continue east of the ROW. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as classified as PSS1/3C (Palustrine, Shrub-Scrub, Broad-Leaved Deciduous/Broad-Leaved Evergreen, Seasonally Flooded). Vegetation is comprised of red maple, Carolina willow, laurel oak, torpedograss, maidencane, wax myrtle, alligator flag and, paragrass.
Wetland 7 is classified as Wetland Forested Mixed (FLUCFCS 6300) system. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PFO1C (Palustrine, Forested, Broad-Leaved Deciduous, Seasonally Flooded). Canopy vegetation consists of American elm, red maple, laurel oak, water oak, and sweetbay with shrub and herbaceous components comprised of saw palmetto, buttonbush, royal fern, pickerelweed, smartweed, and primrose willow.
Wetland 9 is classified as Wetland Forested Mixed (FLUCFCS 6300) with a herbaceous fringe located within median of I-75 south bound and west bound SR 70 (northwest quadrant of interchange/west of I-75). Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PFO1C (Palustrine, Forested, Broad-Leaved Deciduous, Seasonally Flooded). Canopy vegetation includes laurel oak and Carolina willow. Shrub and herbaceous vegetation is comprised of bushy broomsedge grass, salt bush (Baccharis halimifolia), and evening primrose.
Wetland 11 is classified as Wetland Forested Mixed (FLUCFCS 6300). This system is an isolated forested wetland located within the median of I-75 south bound/ east bound SR 70 off ramp (southwest quadrant of interchange/west of I-75). Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PFO1C (Palustrine, Forested, Broad-Leaved Deciduous, Seasonally Flooded). Vegetation is comprised of red maple, evening primrose, water primrose, Carolina willow, and bald cypress (Taxodium distichum).
Wetland 12 is a Wetland Shrub-Scrub wetland (FLUCFCS 6310) system associated with an upland transitional area located within the median of north bound I-75/east of I-75 (northeast quadrant of I-75/SR 70 interchange). Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PSS1/3C (Palustrine, Shrub-Scrub, Broad-Leaved Deciduous/Broad-Leaved Evergreen, and Seasonally Flooded). Vegetation includes salt bush, evening primrose, wax myrtle, torpedograss, laurel oak, and Carolina willow.
Wetland 13 is a freshwater marsh (FLUCFCS 6410) ditch system located adjacent to I-75 southbound (southwest quadrant of interchange/west of I-75). This system is associated with an off-site wetland system. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PEM1F (Palustrine, Emergent, Persistent, semi-permanently flooded). Vegetation is comprised of evening primrose, torpedograss, and cattail.
Wetland 14 is a freshwater marsh (FLUCFCS 6410) with some shrub vegetation that continues off-site. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PEM1F (Palustrine, Emergent, Persistent, semi-permanently flooded). Vegetation consists of red maple, salt bush, white top sedge, evening primrose, torpedograss, camphorweed, Carolina willow, lizard’s tail, and alligator flag.
Wetland 15 is classified as a Wetland Shrub-Scrub (FLUCFCS 6310) system and is contiguous with adjacent wetlands that continue west of the ROW. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as classified as PSS1/3C (Palustrine, Shrub-Scrub, Broad-Leaved Deciduous/Broad-Leaved Evergreen, Seasonally Flooded). Vegetation is comprised of salt bush, buttonbush, evening primrose, torpedograss, camphorweed, Carolina willow, lizard’s tail, threesquare bulrush (Schoenoplectus pungens), and alligator flag.
Wetland 16 is a Wetland Forested Mixed (FLUCFCS 630) system with connection to an off-site wetland. This wetland is located adjacent to I-75 north bound (southeast quadrant of interchange/east of I-75). Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PFO3C (Palustrine, Forested, Broad-Leaved Deciduous, Seasonally Flooded). Canopy vegetation is comprised of evening primrose, Carolina willow, and American elm. The understory is vegetated with cattail.
Wetland 17 is a Wetland Shrub-Scrub (FLUCFCS 6310) system. The wetland is located just north of Wetland 16 and has a possible connection to Wetland 1. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PSS1/3C (Palustrine, Shrub-Scrub, Broad-Leaved Deciduous, and Seasonally Flooded). Vegetation is comprised of sedges, evening primrose, water primrose, torpedograss, maidencane, arrowhead, Carolina willow, and threesquare bulrush.
Wetland 18 is a Wetland Shrub-Scrub (FLUCFCS 6310) system associated with off-site wetland. This wetland is located adjacent to I-75 north bound (northeast quadrant of interchange/east of I-75). Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PSS1/3C (Palustrine, Shrub-Scrub, Broad-Leaved maple, paragrass, wax myrtle, laurel oak, torpedograss, maidencane, smartweed, arrowhead, Carolina willow, and alligator flag.
Wetland 22 is a Wetland Forested Mixed (FLUFCS 6300) system. Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PFO1/3C (Palustrine, Forested, Broad-Leaved Deciduous/Broad-Leaved Evergreen, and Seasonally Flooded). Vegetation is comprised of red maple, elderberry, buttonbush, laurel oak, water oak, primrose willow, and wax myrtle.
Wetland 29 is classified as Wetland Forested Mixed (FLUCFCS 6300) located within the median of I-75 northbound and east bound S.R. 70 (northeast quadrant of interchange/west of I-75). Under the NWI Wetlands and Deepwater Habitats Classification, it is classified as PFO1C (Palustrine, Forested, Broad-Leaved Deciduous, Seasonally Flooded). Vegetation consists of red maple, buttonbush, water primrose, torpedograss, laurel oak, and Carolina willow.
OSW 1 is a linear herbaceous swale associated with Wetland 1 within the ROW. Vegetation consists of water primrose, rattlebox (Sesbania sp), red ludwigia (Ludwigia repens), Crotalaria sp., torpedograss, vaseygrass, foxtail grass, buttonweed (Diodia virginiana), frogfruit (Phyla nodiflora), smartweed, alligatorweed, and sedges (Cyperus spp.).
OSW 2 is an herbaceous swale with flowing water associated with Wetland 2. Vegetation is comprised of Carolina willow, wax myrtle, rattlebox, red ludwigia, Crotalaria sp., torpedograss , foxtail grass, buttonweed, frogfruit, smartweed, alligatorweed, and sedges.
OSW 3 and OSW 4 are herbaceous ditches with standing water located east of OSW 2. Typical vegetation includes torpedograss, foxtail grass, buttonweed, frogfruit, smartweed, alligatorweed, and sedges.
OSW 5 is an herbaceous swale located in the northeast quadrant of the SR 70 interchange. The vegetation in this ditch is similar to that in OSW 3 and OSW 4.
OSW 6 is an herbaceous swale with heavy coverage of alligator flag (Thalia geniculata) and cattail. Other vegetation includes, primrose willow, torpedograss, smartweed, alligatorweed, rattlebox, dayflower (Commelina sp.), and lance-leaf arrowhead (Sagittaria lancifolia).
OSW 7 and OSW 8 are herbaceous swales with standing water located east of OSW 3. Vegetation is comprised of Carolina willow, cogangrass (Imperata cylindrica), alligator flag, cattail, primrose willow, torpedograss , smartweed, alligatorweed, rattlebox, dayflower , and lance-leaf arrowhead. OSW 8 is adjacent to Wetland 4.
OSW 9 is located within the median of the SR 70 and I-75 northbound on- ramp. Vegetation is primarily cattail and torpedograss.
OSW 10 is an herbaceous swale vegetated with alligator flag, cattail, primrose willow, torpedograss, and lance-leaf arrowhead (Sagittaria lancifolia).
OSW 11 is an herbaceous vegetated ditch with multiple culverts. This OSW averages 20 feet wide bank to bank and in inundated throughout. Vegetation is comprised of paragrass, West Indian marsh grass (Hymenachne amplexicaulis), water primrose, red ludwigia, torpedograss maidencane, smartweed, pickerelweed, rattlebox, alligator flag, and cattail.
OSW 12 is an herbaceous vegetated, isolated roadside swale that is half maintained and other half portion is unmaintained due to saturation. It is located in the northwest quadrant of the I75/SR 70 interchange. Vegetation is comprised of water primrose, torpedograss, smartweed, and pickerelweed.
OSW 13, OSW 15 and OSW 16 are roadside swales located within the north side of the SR 70 roadway ROW west of the interchange. Vegetation within the swales includes water primrose, torpedograss, smartweed, and pickerelweed.
OSW 17 and OSW 19 are roadside, herbaceous swales located within the southern SR 70 ROW with vegetation consisting of water primrose, evening primrose red ludwigia, torpedograss, smartweed, pickerelweed, and cattail.
OSW 20 is an herbaceous, vegetated, drainage outfall located adjacent to I-75 southbound onramp (southwest quadrant of interchange). Vegetation is comprised of sedges, buttonweed, water primrose, torpedograss, and arrowhead.
OSW 21 is an herbaceous vegetated, drainage culvert system located adjacent to I-75 southbound on-ramp (southwest quadrant of interchange). Vegetation consists of sedges, water primrose, torpedograss, and rattlebox.
OSW 22 is a shrub-vegetated, drainage culvert system located adjacent to I-75 southbound onramp (southwest quadrant of interchange). Vegetation is comprised of sedges, water primrose, evening primrose, torpedograss, and Carolina willow.
OSW 23 is an herbaceous and shrub vegetated, drainage culvert system located adjacent to I-75 southbound (southwest quadrant of interchange/west of I-75). Vegetation is comprised of evening primrose, torpedograss, smartweed, and cattail.
OSW 24 is an isolated herbaceous vegetated drainage system located within median of I-75 northbound and east bound SR 70 (northeast quadrant of interchange/west of I-75). Vegetation is comprised of sedges, water primrose, torpedograss, smartweed, alligator flag, and cattail.
OSW 26 is an herbaceous swale located within median of I-75 south bound/ west bound SR 70 off ramp (northwest quadrant of interchange/west of I-75). Vegetation includes evening primrose, torpedograss, and cattail.
OSW 27 is an herbaceous swale located within median of I-75 south bound/ west bound SR 70 off ramp (northwest quadrant of interchange/west of I-75). Vegetation is comprised of sedges torpedograss, bahiagrass, and rattlebox.
OSW 30 is a culverted system vegetated with primrose willow, torpedo grass, and coinwort.
OSW 31 is a ditch with vegetation consisting primarily of laurel oak and Brazilian pepper.
SW 32 is the Braden River. Braden River is listed on the Jacksonville District Navigable Waters List and is a tidally-influenced waterway to the point where Braden River meets the dam structure within Ward Lake (to the north of Ward Lake). The location within Braden River where work is proposed to occur is on the southern side Ward Lake and is not tidally influenced. On the shoreline along Braden River where work is proposed to occur, vegetation consists of wild taro, Brazilian pepper, beauty berry, primrose willow, buttonbush and wax myrtle.
OSW 56 is a culverted ditch vegetated by primrose willow, torpedo grass and water hyacinth.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into waters of the United States including wetlands in order to perform roadway improvements along a segment of I-75. The scope of this project from north of Foley Creek to south of SR 64 is to reconstruct the existing I-75/SR 70 partial cloverleaf interchange facility from the existing six 12-foot travel lanes (three in each direction) to a modified diamond configuration interchange with a single loop in the northwest quadrant. The ultimate typical section consists of a 10-lane facility with two express lanes and three general use lanes in each direction, from milepost (MP) 0.324 to MP 7.076, a distance of 6.752 miles. The Interim typical section consists of an eight-lane facility (three thru lanes and one auxiliary lane in each direction), from MP 0.324 to MP 7.076, a distance of 6.752 miles. The project will permanently impact 6.21 acres of palustrine non-forested wetlands (5.98 acres of palustrine scrub shrub wetlands and 0.23 acre of palustrine emergent wetlands) and 4.34 acres of palustrine forested wetlands. Permanent impacts will also occur to 8.46 acres of surface waters which perform the functions of drainage swales. The project will result in 3.27 acres of secondary impacts to non-forested wetlands (3.10 acres of palustrine scrub shrub wetlands 0.17 acre of palustrine emergent wetlands) and 0.96 acre of impact to forested wetlands. As a note, the impacts and stormwater management system from University Parkway to north of Foley Creek bridge were previously authorized under SAJ-2009-01252 and will be constructed prior to the construction of this project. Likewise, the impacts and drainage modifications for the I-75 and SR 64 interchange project were permitted under SAJ-2016-00391. The current proposed work for this project from University Parkway to Foley Creek Bridge includes only re-striping of pavement and minor activities and will not involve impacts to waters of the United States.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Avoidance and minimization of wetland impacts was considered during the project design beginning with the Project Development and Environment (PD&E) Study in 2006. An alternative analysis was conducted, including a no build alternative. The roadway was evaluated using the minimum criteria needed to facilitate safe motorist speeds, avoid impediments to traffic flow, avoid conflicts between vehicles, and prevent vehicular safety hazards. The project utilizes existing ROW which has wetland areas within it. Therefore, total avoidance is not possible. However, when possible, walls were used to reduce the slopes, minimizing impacts to adjacent areas. Further, the current design minimizes impacts Braden River by widening to the median rather than increasing width to the outside of the bridge. The project utilizes linear ditches adjacent to the roadside or ponds with the interchange to address stormwater management as opposed to placing ponds on off-site ponds, thereby avoiding wetlands of higher quality or of higher function for wildlife. Impacts are primarily to low quality wetlands within the ROW, as opposed to higher quality wetlands found adjacent to the ROW.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to compensate impacts within the Manatee River Watershed at the Duette Preserve FDOT D-1 Mitigation Project. The 21,000-acre Duette Preserve is the largest preserve in Manatee County. It is located in the eastern part of the County and contains the headwaters of Manatee River. Under a Joint Partnership Agreement (JPA), the FDOT and Manatee County designed and permitted an offsite mitigation area within a portion of an approximate 70.33-acre part of the Duette Preserve to compensate for wetland impacts associated with this project. The proposed wetland mitigation credits needed to compensate for impacts within the Manatee River Watershed have been computed by the applicant using the Uniform Mitigation Assessment Method (UMAM). According to the applicant’s assessment, a total of 1.48 forested UMAM units are needed to offset impacts to 4.34 acres of palustrine forested wetlands, and a total of 2.56 herbaceous UMAM units are needed to offset impacts to 6.21 acres of palustrine herbaceous and scrub shrub wetlands. Secondary impacts were calculated beyond the edge of direct impact into the adjacent wetlands by evaluating a 25-foot width buffer along the length of the impacted wetlands. The applicant has calculated the secondary impacts from the buffer loss to be 3.27 acres for the palustrine herbaceous and shrub wetlands and 0.96 acre for palustrine forested wetlands. The functional loss calculated by the applicant for the secondary (buffer) impacts was estimated to be 0.10 UMAM units for the palustrine herbaceous/shrub wetlands and 0.13 UMAM units for the palustrine forested wetlands. Additionally, the applicant evaluated the 3.26 acres of surface waters proposed to be impacted to determine if the features consist of suitable foraging habitat for the wood stork (Mycteria americana). To offset impacts to wood stork SFH, the applicant proposes that a Foraging Biomass Assessment be prepared and submitted to the USFWS and the Corps in order to determine mitigation needed to compensate loss of wood stork SFH. These impacts are proposed to be compensated for at Duette Preserve.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork, Eastern Indigo snake (Drymarchon corais couperi), and West Indian manatee (Trichechus manatus latirostris). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act. Additionally, the Corps has determined the proposal would have no effect on the Florida scrub jay any listed threatened or endangered species or designated critical habitat.
Wood Stork: The project is located within the Core Foraging Area (CFA) of three wood stork colonies (615113, 615336, and Ayers Point/Dot Dash). Freshwater wetlands and surface waters are present within the project area. Some of the features consist of habitat that is suitable for foraging wood storks, and other wading birds have been observed foraging within the proposed project corridor. The closest colony to the project is 2.48 miles away (Ayers Point/Dot Dash). Since the entire project will be constructed within the CFA of three wood stork colonies, provisions to minimize impacts to foraging habitat will be implemented. In compliance with the USFWS Standard Local Operating Procedures for Endangered Species (SLOPES) for the wood stork, no net loss of wetlands or suitable foraging habitat SFH will occur as a result of this project. Since impacts to wetlands and surface waters total 19.07 acres, a Wood Stork Foraging Biomass Assessment will be prepared and submitted to the USFWS and the Corps in order to determine mitigation needed to compensate loss of habitat. These impacts will be compensated at Duette Preserve. Given the above information, the Corps reviewed the Wood Stork Key for South Florida dated May 2010. Review of the key resulted in the following sequential determination: A > B > C > E = not likely to adversely affect” the wood stork. This determination is dependent on the impending proposal by the applicant that adequate compensation will be provided.
Eastern Indigo Snake: This species generally needs relatively large areas of undeveloped lands and prefers dry glade areas, tropical hammocks, muck land fields, and some flatwoods areas. The project does not propose to impact greater than 25 acres of xeric habitat (scrub, sandhill, or scrubby flatwoods), and no gopher tortoises (Gopherus polyphemus) or burrows were observed during the applicant’s field surveys. Also, since the work is not entirely within open water or salt marsh, the applicant would be required to adhere to the Standard Protection Measures for the Eastern Indigo Snake measures during construction. Given the above information, the potential impacts were evaluated using The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C = not likely to adversely affect the Eastern Indigo snake.
West Indian Manatee: Some of the waters within the proposed project area (i.e., Braden River) may be accessible to West Indian manatees. Given the potential accessibility of the area to manatees, the applicant would be required to adhere to the Standard Manatee Conditions for In-Water Work to ensure protection of the manatee during construction of the project. Given the above information, the Corps reviewed the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. The key resulted in the following sequential determination: A > B > C > D > E > F > G > N > O > P > may affect, not likely to adversely affect the West Indian manatee.
Florida Scrub Jay: This species typically inhabits fire-dominated, low-growing, oak scrub habitat found on well-drained sandy soils and may persist in areas with sparser oaks or scrub areas that are overgrown. Suitable habitat for this species is not present within the project corridor. Therefore, the Corps has determined that the project will have no effect on the Florida scrub jay.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the receiving waters of Manatee River. 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.
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 jurisdictional line has not been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer at the Palm Beach Gardens Office, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410-6557 within 21 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Mrs. Tarrie Ostrofsky, in writing at the Palm Beach Gardens Office, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410-6557, by electronic mail at Tarrie.L.Ostrofsky@usace.army.mil, by fax at (561) 626-6971, or by telephone at (561) 472-3519.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
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.
The US Army Corps of Engineers (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 also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.