Public Notice Notifications

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SAJ-2018-02189 (SP-CDO)

Published Aug. 10, 2020
Expiration date: 9/9/2020

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

                       Ms. Nicole Monies

                       801 N. Broadway Avenue

                       Bartow, Florida 33830

 

WATERWAY AND LOCATION:  The project would affect waters of the United States, including wetlands and the Manatee River, associated with the Interstate 75 (I-75) transportation improvements.  The Florida Department of Transportation (FDOT) District 1 proposes to construct transportation improvements along I-75 (State Road (SR) 93)), from north of SR 64 to north of US 301 (SR 25).  The project entails constructing two additional lanes, widening bridges, two new bridges over Manatee River, and associated roadway improvements.  The project also includes the improvement of the interchange at US 301 and I-75 and a segment of US 301 extending from 51st Avenue East to east of 60th Avenue East.  The project is located in Sections 8, 9, 16, 21, 22, 26, and 27 of Township 34 South, Range 18 East, Bradenton and Ellenton, Manatee County, Florida.

 

Directions to the site are as follows: From downtown Tampa, take I-4 east to I-75, take I-75 south approximately 37 miles to I-75 at US 301 interchange.

 

APPROXIMATE CENTRAL COORDINATES:  Latitude      27.509167° N,

                                                                          Longitude –82.497778° W

 

PROJECT PURPOSE:

 

Basic:  Linear Transportation

 

Overall:  The overall project purpose is to increase transportation capacity within the I-75 corridor from north of SR 64 to north of US 301 and to redesign the interchange at US 301 to enhance system mobility and accommodate travel demand associated with approved development within the surrounding area of the proposed project site.

 

EXISTING CONDITIONS:  The proposed project site exists within the I-75 corridor and US 301 interchange with existing bridges over Manatee River and associated salt marsh. The entire project site is comprised of the I-75 Corridor from north of SR 64 to north of US 301 interchange (FPID 2012032-5).  The project site is 299.73 acres, the following is a breakdown of the land uses within the project corridor:

 

Uplands within the proposed project comprise of 74.6% of the project and are located throughout the site consisting of residential (120 & 130), commercial and services (140), tourist services (145), open land (260), pine flatwoods (411), hardwood-coniferous mixed (434), disturbed lands (740), and roads and highways (814).

 

Wetlands, surface waters and other surface waters within the project comprise approximately 25.4% of the project and are located throughout the site consisting of other surface water (OSW) (510D), streams and waterways (510E), stormwater management areas (534), mangrove swamps (612), mixed wetland hardwoods (617), cypress-pine-cabbage palm (624), wetland forested mixed (630), freshwater marsh (641), and salt marsh (642).

 

OSW and storm water management areas are man-made, functioning stormwater systems associated with previous construction of I-75.  Both support herbaceous vegetation consisting of alligator weed (Alternanthera philoxeroides), and maidencane (Panicum hemitomon), Peruvian primrose willow (Ludwigia peruviana), Carolina willow (Salix caroliniana), Brazilian pepper (Schinus terebinthifolia) and cattails (Typha sp.).  The open water center is vegetated with water lettuce (Pistia stratiotes).

 

Surface waters are located within the proposed project site and are comprised of streams and waterways.  They consist of tidally influenced open water channels of the Manatee River and associated tributary.

 

Mangrove swamps are located within the central portion of the project from Manatee River south to tributary.  Vegetation within these areas are predominately red mangroves (Rhizophora mangle), black mangroves (Avicennia germinans), and white mangroves (Laguncularia racemosa) with Brazilian pepper, sea-purslane (Sesuvium sp.), and salt grass (Distichlis spicata). 

 

Mixed wetlands hardwoods are located at the southern portion of the proposed project and are comprised of vegetation that consists of red maple (Acer rubrum), Carolina willow, laurel oak (Quercus laurifolia), American elm (Ulmus americana), and cabbage palm (Sabal palmetto).

 

Cypress-pine-cabbage palm habitat type is found in the bifurcated median of I-75, north of the tributary bridges.  Within the proposed project area, vegetation includes slash pine (Pinus elliottii) and cabbage palm with an understory of Peruvian primrose willow, cattails, and Carolina willow. 

 

Wetland, forested mixed habitat is located near SR 64 at the proposed project’s southern limits.  This habitat type contains cypress (Taxodium sp.), red maple, laurel oak, American elm, slash pine and Peruvian primrose willow. 

 

Freshwater marsh communities located in the proposed project contain maidencane, common ragweed (Ambrosia artemisiifolia), saltbush, bahiagrass (Paspalum notatum), marsh pennywort (Hydrocotyle umbellata), cattails, Carolina willow, Peruvian primrose willow and pickerelweed (Pontederia cordata) with scattered red maple and cabbage palm. 

 

Saltwater marshes are located along tidally influenced water bodies within the proposed project area.  This habitat type is comprised of black needlerush (Juncus roemerianus), red mangroves, salt grass, and sea-purslane.

 

PROPOSED WORK:  FDOT District 1 proposes to construct roadway improvements along I-75 from north of SR 64 to north of US 301 interchange in Bradenton and Ellenton, Manatee County, Florida.  The project entails constructing two additional lanes, widening bridges, two new bridges over Manatee River, and associated roadway improvements. The proposed project also includes the improvement of the interchange at US 301 and I-75 and a segment of US 301 extending from 51st Avenue East to east of 60th Avenue East.  The total proposed project area is approximately 299.73 acres, and requires dredging/filling of 3.03 acres of freshwater wetlands, 1.36 acres of estuarine wetlands, and 2.8 acre of other surface waters (OSW).  Potential secondary wetland impacts have been assessed for 1.47 acres of adjacent wetlands.  Temporary wetland impacts resulting from construction activities have been assessed for 1.21 acres of estuarine wetlands.

 

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 project is in conformance with Executive Order 11990.  During field investigations for the subject Project Development & Environment Study (PD&E) completed in 2011 and updated through reevaluations in 2013, 2015, 2016, 2019 and again in 2020, project environmental data was used to develop the current alignment that provides necessary roadway improvements, satisfies acceptable traffic engineering design standards, and avoids/minimizes impacts to significant environmental features to the greatest extent possible.

 

The use of silt screens, and other turbidity prevention measures during construction will minimize impacts to adjacent wetlands, surface waters and other surface waters.

 

COMPENSATORY MITIGATION:  The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

Compensation for freshwater impacts would be mitigated at the Duette Preserve through the purchase of 2.05 herbaceous, freshwater credits and 0.98 forested, freshwater credits.  All estuarine wetland impacts would be mitigated through the purchase of mitigation credits from a state and federal-approved mitigation bank.  The project is within the Mangrove Point Mitigation Bank service area. A  Mitigation Justification Package was prepared to justify mitigation credits outside the mitigation basin at Tampa Bay Mitigation Bank.  The proposed wetland mitigation would provide compensation for unavoidable functional loss and wetland impacts associated with the construction of I-75 roadway improvements.  A total of 1.54 herbaceous estuarine credits and 3.17 forested estuarine credits would be purchased from either Mangrove Point Mitigation Bank or Tampa Bay Mitigation Bank.  A credit reservation letter will be provided prior to permit issuance.

 

CULTURAL RESOURCES: Pursuant to 23 United States Code §327 and the implementing Memorandum of Understanding (MOU) executed on December 14, 2016, the FDOT has assumed and Federal Highway Administration (FHWA) has assigned its responsibilities under National Environmental Policy Act (NEPA) for highway projects.  Consistent with law and the MOU, FDOT will be the Lead Federal Agency for highway projects with approval authority resting in the Office of Environmental Management (OEM).  As the lead agency with assigned NEPA authority, FDOT has assessed the project site for historic property/properties within, or in close proximity to, the permit area and determined there are no historic properties.  FDOT prepared a Cultural Resources Assessment Survey (CRAS) and consulted with the State Historic Preservation Office (SHPO) and Florida Division of Historical Resources and received concurrence that the project will not affect cultural resources dated November 7, 2018.  FDOT prepared a preferred pond site CRAS Technical Memorandum and consulted with the SHPO and received concurrence that pond sites will not affect cultural resources dated April 25, 2013.

 

ENDANGERED SPECIES: 

 

As the lead agency with delegated NEPA authority, FDOT has assessed the project site for Federally listed species using the FWS Information for Planning and Consultation (IPaC) web site, plus information provided by the applicant, and all available Programmatic Keys for protected species for purposes of compliance with Section 7 of the ESA of 1973 (as amended).

 

FDOT has determined that the proposed project may affect, but is not likely to adversely affect, the Eastern indigo snake (Drymarchon corais couperi), American wood stork (Mycteria americana), Gulf sturgeon (Acipenser oxyrinchus desotoi), West Indian manatee (Trichechus manatus), smalltooth sawfish (Pristis pectinata), bald eagle (Haliaeetus leucocephalus), and American alligator (Alligator mississippiensis). 

 

The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013.  Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013.

 

The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008, to determine potential effects upon this species.  Use of this key resulted in the sequence A-B-C-D-E-may affect, but is not likely to adversely affect.

 

The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 to determine potential effects upon this species.  Use of this key resulted in the sequence A-B-C-G-N-O-P- may affect, but is not likely to adversely affect.

 

FDOT has also determined that the proposed project would have “no effect” on the piping plover (Charadrius melodus) and Florida scrub-jay (Aphelocoma coerulescens).

 

FDOT consulted with the FWS for the effect determinations on the above listed species and received concurrence dated September 10, 2019.

 

FDOT has determined that the proposed project may affect, but is not likely to adversely affect, the green sea turtle (Chelonia mydas), Kemp’s ridley (Lepidochelys kempii), loggerhead (Caretta caretta) and smalltooh sawfish (Pristis pectinata).

 

FDOT consulted with the National Marine Fisheries Service (NMFS) on for the effect determinations for the above listed species and received concurrence dated October 9, 2019.

 

ESSENTIAL FISH HABITAT (EFH):  As the lead agency with delegated NEPA authority, FDOT has assessed the project site for EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996.  FDOT has determined the site contains EFH and determined that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Gulf of Mexico Region.

 

FDOT consulted with the National Marine Fisheries Service (NMFS) on EFH for the effect determination and received concurrence dated October 9, 2019.

 

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 lines have 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 North Branch, Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida, 32407 within 30 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 proposal should be directed to the project manager, Cynthia Ovdenk, in writing at 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida, 32407; by electronic mail at cynthia.d.ovdenk@usace.army.mil; or, by telephone at (850) 287-2045. 

 

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 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.