Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

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SAJ-2016-03624 (SP-RMT)

Published Jan. 25, 2017
Expiration date: 2/27/2017
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 (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANTS: County Line Drainage District (CLDD)
                         c/o BKI, Inc. Consulting Ecologists
                         Attention: William Kerr
                         225 Fifth Avenue, Ste. 2
                         Indialantic, Florida 32903
                         and
                         Babcock Ranch Preserve (BRP)
                         c/o BKI, Inc. Consulting Ecologists
                         Attention: William Kerr
                         225 Fifth Avenue, Ste. 2
                         Indialantic, Florida 32903

WATERWAY AND LOCATION: The project area is located in BRP and CLDD lands. northeast of Alva in Sections 34, 35 and 26, Township 42 South, Range 27 East, Charlotte County, Florida, within the Middle Caloosahatchee River watershed (HUC-10 # 0309020504).

Directions to the site are as follows: From the intersection of I-75 and SR-80 in Ft. Myers, head east on SR-80 for approximately 12 miles and turn north on Broadway Street for 0.5 miles to Alva (across the C43 Canal). In Alva, turn east onto CR-78 for approximately 2.7 miles to the entrance to the County Line Drainage District located on the north side of the road. Proceed north approximately 3.5 miles through the citrus grove on unpaved roads to the project site.

APPROXIMATE CENTRAL COORDINATES: Latitude: 26.74908º     
                                                                         Longitude: -81.59027º

PROJECT PURPOSE:

Basic: Modify an existing drainage/surface water management system.

Overall: Construct approximately 2,260 linear feet of berm/levee integral with the existing northern perimeter berm of the CLDD and construct of two weirs for implementation of dispersed water management for the BRP.

EXISTING CONDITIONS: The project would occur on 27.7 acres of land. Approximately 8.3 acres are located within the BRP and the remaining 19.4 acres are CLDD lands. The BRP lands are comprised primarily of natural palmetto flatwoods and wet prairie subject to long periods of standing water during the wet season currently used as cattle range. The CLDD lands are primarily citrus groves.

PROPOSED WORK: The applicant seeks authorization to clear, grade, excavate, dredge and fill, to improve the retention time and capacity of an existing drainage management system. The project would discharge approximately 2,925 cubic yards of fill into approximately 0.61 acre of herbaceous/wet prairie wetlands. The project consists of improving existing berms, constructing new berms, modifying existing water control structures and installing new water control structures.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicants state the following in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“An environmental assessment was completed prior to the design of the project to identify habitat types, the presence of listed species, and the location of wetlands. The location of proposed improvements has been designed to avoid and minimize impacts. Where impacts are unavoidable (i.e. as constrained by a property line), the design was modified to minimize impacts to the maximum practical extent.”

COMPENSATORY MITIGATION – The applicants state the following: “wetland impacts associated with project construction will be offset by the restoration of wetland hydrology within the proposed dispersed water storage area.

The proposed project is designed to attenuate peak freshwater volume and reduce the overall discharges to the Caloosahatchee River & Estuary, the ultimate receiving body of project discharges. The project is expected to positively effect marine productivity and recreational values of the estuary long-term.”

CULTURAL RESOURCES: The applicants had a Phase 1 cultural resource assessment survey performed by a professional archaeologist (for the project) that included field sampling in the areas of ground disturbing activities, to verify cultural resources are not likely to be present. The survey concluded that no cultural resources are present in the study area. The applicants’ state: “the State of Florida Historic Preservation Officer (SHPO) reviewed the study and agreed.”

The Corps is unaware of any known historic properties within the review area. Our final determination relative to historic resource impacts is subject to review by and coordination with SHPO and those federally recognized tribes with concerns in Florida and the area under review by the Corps, for this proposal.

ENDANGERED SPECIES ACT (ESA): The project site is located in an area where the eastern indigo snake (Drymarchon corais couperi), an ESA listed species, may occur. In following the Indigo Snake Programmatic Concurrence Key (August, 2013) the proposal keys out to A., B., C., D., E. The permit instrument, if issued, would contain the Standard Protective Measures for Eastern Indigo Snake which must be followed during all construction activities. The Corps determined the proposed project “may affect, but is not likely to adversely affect” (MANLAA) the indigo snake. In accordance with that programmatic key the requirements of Section 7of ESA have been fulfilled and no further consultation with the US Fish and Wildlife Service (FWS) is required for the indigo snake.

The project site is also within wood stork (Mycteria americana) core foraging areas. In accordance with the South Florida Programmatic Wood Stork Key the proposal keys as follows: A., B., C., E. Although the project will directly impact wood stork foraging habitat, upon completion the project is expected to result in long-term increased and enhanced wood stork foraging habitat in the area; therefore, Corps determined the project MANLAA the wood stork and will requests concurrence from the FWS, for this determination, via a separate letter.

The project site is within a FWS designated consultation area for the Florida scrub jay (Aphelocoma coerulescens) an ESA listed species. The Florida scrub jay lives only in scrub and scrubby flatwoods habitats found on nearly pure, excessively well-drained sandy soils. Scrub jay habitat is dominated by a layer of evergreen oaks [myrtle oak (Quercus myrtifolia) and/or Archbold oak (Q. inopina), sand live oak (Q. geminata), Chapman oak (Q. chapmanii), and runner oak (Q. minima)], rusty lyonia (Lyonia ferruginea), and Florida rosemary (Ceratiola ericoides). Ground cover is sparse, dominated by saw palmetto (Serenoa repens) and sand palmetto (Sabal etonia). (http://www.fws.gov/northflorida//Species-Accounts/Fla-Scrub-Jay-2005.htm 10/22/2015). The Corps preliminary determination is that the proposal “may affect, but is not likely to adversely affect” (MANLAA) the scrub jay. The Corps will requests concurrence from the FWS for this determination, via a separate letter.

The project site is within a FWS designated consultation area for the Florida grasshopper sparrow [(FGSP) (Ammodramus savannarum floridanus)]. FGSP inhabit dry prairie characterized by clumped distribution of bluestem grass (Andropogon spp.), St. John’s wort (Hypericum spp.), wiregrass (Aristida spp.), saw palmetto (Serenoa repens) and dwarf oak (Quercus minima) ranging from 30 to 70 centimeters in height. FGSP habitat consists of large (greater than 50 ha.) treeless, relatively poorly-drained grassland that have a history of frequent fires. (US-FWS, SE Region, SFESO, Vero Beach, FL, FGSP 5-Year Review: Summary and Evaluation). The Corps preliminary determination is that the proposal MANLAA the FGSP. The Corps will requests concurrence from the FWS, for this determination, via a separate letter.



The project site is within a FWS designated consultation area for the caracara (Polyborus plancus audubonii) but is not in close proximity to any known caracara nest or communal roosting sites. The Corps preliminary determination is that the project MANLAA the caracara and will request concurrence from the FWS, for that determination, via a separate letter.

The project site is within a FWS designated consultation area for the red-cockaded woodpecker (RCW) (Piciodes borealis). The site is not in close proximity to known RCW nest. The Corps preliminary determination is that the project MANLAA the RCW and will request concurrence from the FWS, for that determination, via a separate letter.

The project site is within a FWS designated consultation area for the Florida panther (Puma concolor coryi). In accordance with the Florida Panther Effect Determination Key
The proposal keys as follows A., C., the project is greater than one acre therefore the proposal “may affect” the panther. The Corps will initiate Formal Consultation for this species with the FWS, via a separate letter.

The project site is within a FWS designated consultation area for the Florida bonneted bat ((FBB) (Eumops floridanus)]. In accordance with the FBB effects determination guidelines the proposal keys as follows: 1, 2, c. The project is greater than 5 acres and includes more than 1 acre of potential FBB habitat type. Based on this information and in accordance with the FBB guidelines, the Corps preliminary determination is that the project “may affect” the FBB. The Corps will initiate Formal Consultation for this species with the FWS, via a separate letter.

The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service (NMFS) for EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal is not expected to adversely impact resources that may be utilized by early life stages of red drum, shrimp and mangrove snapper. Our initial determination is that the proposed action would not have an adverse impact on EFH or federally managed fisheries of the Gulf of Mexico. 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 (PN) 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 formally verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or the South Florida Water Management District.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida, 33919, within 21 days from the date of this PN.

The decision whether to issue or deny a permit for this application will be based on the information received from this PN and the evaluation of the probable impacts 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 submitted in writing to the project manager, Robert Tewis, by mail to the Fort Myers Permits Section, 1520 Royal Palm Square Boulevard Suite 310, Fort Myers, Florida 33919; or via email at robert.m.tewis@usace.army.mil; or faxed to (239)-334-0797. Phone number is (239)-334-1975 X-0012.

IMPACT ON NATURAL RESOURCES: Coordination with the FWS, the Environmental Protection Agency (EPA), the NMFS 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 the evaluation of probable impacts including cumulative effects 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 EPA Administrator, under authority of Section 404(b) of the Clean Water Act and/or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be authorized unless its issuance is found to be contrary to the public interest.

The Corps is soliciting comments, to this PN, 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.