Public Notice Notifications

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SAJ-2017-03119 (SP-EWG)

Published May 25, 2018
Expiration date: 6/18/2018
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) as described below:

APPLICANT: Peace River Manasota Regional Water Supply Authority
c/o Patrick Lehman
9415 Town Center Parkway
Lakewood Ranch, FL 34202

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Peace River watershed and the Cow Pen Slough. The project site is located along potions of Laurel Road,& Knight’s Trail Road, within Sections 3 - 4 & 9, Township 38 South and Range 19 East, Sarasota County, Florida.

Directions to the site are as follows: To access the project area, from I-75 take exit 195, Laurel Road. Travel east to Knight’s Trail Road to Central County Solid Waste Disposal Complex.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.21087667°
Longitude: -82.39493517°


PROJECT PURPOSE:
Basic: Buried Pipeline
Overall: The project known as Peace River Manasota Regional Water Supply Authority Interconnect Regional Loop Phase 3B is to improve distribution of potable water to Sarasota County. The proposed potable water transmission pipeline would interconnect with the Phase 3A and later on with Phase 3C to allow the county to meet its year 2035 projected water demands, and improve service to customers north of Fruitville Road.

EXISTING CONDITIONS: The following descriptions provide a brief assessment of the composition and condition of each habitat observed within the corridor of the Peace River Manasota Regional Water Supply Authority (PRMRWSA) Interconnect Regional Loop Phase 3B.

OSW 1 (FLUCCS 510): OSW 1 is a ditch located at approximately STA 627+00. This OSW is a linear ditch with a control structure. The ditch appears to drain into Cow Pen Slough. Vegetation observed included west indian marsh grass (Hymenachne amplexicaulis), Peruvian primrose willow (Ludwigia peruviana), and cesaerweed (Urena lobate). Canopy vegetation including cabbage palms (Sabal palmetto) and dense ceserweed restrict access to the bottom of the ditch by wading birds.

OSW 2 (FLUCCS 510): OSW 2 is a ditch located at approximately STA 730. OSW 2 is part of the Dona Bay Conveyance Improvement project. The OSW connects the Dona Bay project to an existing off-site lake. Vegetation in OSW 2 is sparse and included few arrowhead (Sagittaria lancifolia).

OSW 9-1 and OSW 9-2 (FLUCCS 510): OSW 2 is a ditch located at approximately STA 744+50. OSW 9 is part of a larger conveyance ditch for the Dona Bay Conveyance Improvement project. The impact areas comprise the top of bank areas of the ditch. Wetland vegetation does not occur in the area of impact of this OSW.

OSW 5 (FLUCCS 510): OSW 5 occurs at approximately STA 813+50. OSW 5 is an agricultural ditch that existing within a fallow orange grove. The OSW is a relatively steep ditch vegetated with Peruvian primrose willow and wax myrtle (Myrica cerifera). The dense bank vegetation limits access to the bottom of the OSW.

OSW 6 (FLUCCS 510): OSW 6 occurs at approximately STA 827+50. OSW 6 is an agricultural ditch that existing within a fallow orange grove. The OSW is a relatively steep ditch vegetated with Peruvian primrose willow, Carolina willow (Salix caroliniana), Brazilian pepper (Schinus terebinthifolia), and wax myrtle. The dense bank vegetation limits access to the bottom of the OSW.

OSW 7 (FLUCCS 510): OSW 7 occurs at approximately STA 854. OSW 7 is an agricultural ditch that existing within a fallow orange grove. The OSW is a relatively steep ditch vegetated with Peruvian primrose willow, Carolina willow (Salix caroliniana), Brazilian pepper (Schinus terebinthifolia), and red cedar (Juniperus virginiana). The dense bank vegetation limits access to the bottom of the OSW.

OSW 10 (FLUCCS 510): OSW 10 occurs at approximately STA 863. OSW 10 is part of a larger ditch that runs parallel to the proposed pipeline. The banks of the OSW 10 are densely vegetated with cabbage palms, Brazilian pepper, Carolina willow, red cedar, and laurel oak (Quercus laurifolia). Brazilian pepper is the dominant vegetation. Vegetation observed within the bottom of the ditch included sporadic leather fern (Acrostichum danaeifolium) and Peruvian primrose willow.

Wetland 1 (FLUCCS 641): Wetland 1 begins at approximately STA 870+50. Wetland 1 is a freshwater marsh wetland that extends off site to the east. The portion of wetland 1 within the project area is the outer zone of a larger system. The dominant vegetation, estimated at 90% cover, within wetland 1 is Peruvian primrose willow. Other species observed included west indian marsh grass, softrush (Juncus effuses), caeserweed, and sparse smartweed (Persicaria punctate).

Wetland 2 (FLUCCS 641): Wetland 2 begins at approximately STA 882+50. Wetland 2 is also the outer zone of a freshwater marsh that extends offsite. The dominant vegetation within wetland 2 is Peruvian primrose willow (estimated at 70%). Additional species observed within wetland 2 included soft rush, smartweed, caeserweed, west indian marsh grass, and bahia grass (Paspalum notatum). Sparse Brazilian pepper and wax myrtle also occur within wetland 2.

Wetland 3 (FLUCCS 641): Wetland 3 begins at approximately STA 886. Wetland 3 is a small isolated depression, largely vegetated with Peruvian primrose willow (estimated at 40%). Other vegetation observed included west indian marsh grass, caeserweed, bahia grass, and smartweed.

Wetland 4 (FLUCCS 641): Wetland 4 begins at approximately STA 888+50. Wetland 4 is also the outer zone of a larger wetland that extends off site. Wetland 4 is largely vegetated with Peruvian primrose willow (estimated at 80%). Other species observed within wetland 4 included west indian marsh grass, soft rush, caeserweed, and smartweed.

OSW 11 (FLUCCS 510): OSW 11 begins at approximately STA 897+50. OSW 11 is a narrow drainage swale vegetated with Peruvian primrose willow, west indian marsh grass, smartweed, and swamp fern (Telmatoblechnum serrulatum).

Wetland 5 (FLUCCS 615): Wetland 5 begins at approximately STA 903. Wetland 5 is a forested system with a canopy dominated by red maple (Acer rubrum) and American elm (Ulmus americana). Additional species observed within the canopy included laurel oak, cabbage palm, and Brazilian pepper. Groundcover observed included alligator flag (Thalia geniculate), paragrass (Urochloa mutica), west indian marsh grass, and lizard’s tail (Saururus cernuus). Wetland 5 is part of a larger forested system that extends west. The wetland is bisected by a trail that severs wetland 5 from the remainder of the wetland that extends offsite. The two halves of the wetland are connected by a culvert.

OSW 12 (FLUCCS 510): OSW 12 begins at approximately STA 911+50. OSW 9 appears to be an excavated drainage area that is predominantly vegetated by Peruvian primrose willow (estimated at 80%).

OSW 13 (FLUCCS 510): OSW 13 begins at approximately STA 912+25. OSW 13 appears to be an excavated drainage area that is predominantly vegetated with smartweed. Other vegetation observed included Peruvian primrose willow and caeserweed.

Wetland 6 (FLUCCS 641): Wetland 6 begins at approximately STA 926+50. The wetland appears to have been created when drainage improvements were conducted on the adjacent National Cemetery property. Based on a review of historic aerials the area was disturbed upland prior to the work conducted on the adjacent parcel. The wetland appears to be the outer zone of the adjacent pond area. Vegetation observed within wetland 5 include Peruvian primrose willow, smartweed, and west indian marsh grass.

OSW 13-1 and 13-1 (FLUCCS 510): OSW 13-1 begins at approximately STA 930+50. The OSW is a narrow linear feature that is vegetated with west indian marsh grass, paragrass, Peruvian primrose willow, and caeserweed.

Wetland 7 (FLUCCS 641): Wetland 7 begins at approximately STA 935+60. Wetland 7 is a depressional area vegetated with smartweed, Peruvian primrose willow, paragrass, and west indian marsh grass. Algal matting was observed throughout this wetland

PROPOSED WORK: The applicant seeks authorization to install a 48 inch potable water pipeline that would temporarily impact 0.59 acres of man-made upland-cut ditches and 1.01 acres of freshwater herbaceous wetlands totaling 1.69 acres of waters of the United States within the 6.6-mile pipeline corridor from the Preymore Meter Station and Interconnect to Clark Road. The proposed project would cause permanent impacts totaling 0.34 acres of wetlands to convert forested wetland system to an herbaceous wetland system.

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: The total project area consists of approximately 33.10 acres of which 1.35 acres of wetlands and 0.59 acre of surface waters would be classified as U.S. Army Corps of Engineers (COE) jurisdictional. In 2005, the Peace River Manasota Water Supply Authority undertook a feasibility study for future pipeline routes. The 2005 feasibility report identified preferred routes and environmental impacts. In 2016 the Peace River Manasota Water Supply Authority undertook an updated route (Alternatives) analysis to identify the preferred route based on engineering and environmental factors for the 3B project. After completion of the 2016 route analysis, the route was further modified to reduced wetland impacts by moving a portion of the route to an abandoned citrus grove. In addition, the construction corridor within wetlands was reduced to 30 feet to minimize impacts.

COMPENSATORY MITIGATION –The applicant provided the following discussion on compensatory mitigation: Unavoidable forested freshwater wetland impacts, totally 0.34 acre, will be mitigated by the restoration of the wetland to an herbaceous wetland system. The loss of function from the conversion of the system from forested to herbaceous considered permanent impact will be mitigated by the purchase of 0.03 credits from an approved mitigation bank. Mitigation is not proposed for surface water impacts to herbaceous wetlands and the man-made, upland-cut ditches that convey stormwater runoff; these impacts are considered temporary and will be restored to pre-construction grades within 120 days of the end of construction.

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 proposed project is located within the consultation area for the Florida scrub jay (Aphelocoma coerulescens), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), and Crested Caracara (Polyborus plancus audubonii).

Florida scrub jay (Aphelocoma coerulescens): The project area is within the consultation area for the Florida scrub jay. However, the project would only cause temporary impacts along roadway corridors that are non-suitable habitat for the species. The Corps has made the preliminary determined the proposal would have “no effect” on the Florida scrub jay or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.

Wood stork (Mycteria Americana): The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the wood stork (Mycteeria Americana) or its designated critical habitat. No further action is required. This determination was based on use of the wood stork Effect Determination Key (May 18, 2010). Sequence: A “no effect”. With an outcome of "no effect" or "NLAA as outlined in this key, and the project has less than 20.2 hectares (50 acres) of wetland impacts, the requirements of section 7 of the Act are fulfilled for the wood stork and no further action is required.

Florida Grasshopper Sparrow (Ammodramus savannarum floridanus): The project area is within the consultation area for the Florida Grasshopper Sparrow. However, the project would only cause temporary impacts along roadway corridors that are non-suitable habitat for the species. The Corps made the preliminary determined the proposal would have “no effect” on the Florida Grasshopper Sparrow or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.

Crested Caracara (Polyborus plancus audubonii): The project area is within the consultation area for the Crested Caracara. However, the project would only cause temporary impacts along roadway corridors and the nearest documented Caracara nest is 5.5 miles northwest of the project. Since the project would not cause permanent impacts to suitable habitat for the species, the Corps made the preliminary determined the proposal would have “no effect” on the Crested Caracara or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.

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 as the project is inland of fisheries resources. 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 through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610 within 25 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, Edgar Garcia, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at edgar.w.garcia@usace.army.mil; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7062.

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.