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: Sarasota County Parks & Recreation
c/o Carolyn Brown
6700 Clark Road
Sarasota, Florida 34241
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Cooper Creek. The project site is located southeast of the intersection of North Cattlemen Road and University Parkway in Section 1 & 30, Township 36 South, Range 18 East, Sarasota, Sarasota County, Florida.
Directions to the site are as follows: Take I-75 to Exit 213. From exit 213 go west on University Parkway and turn south on North Cattlemen Road. Stay on North Cattlemen Road and turn east onto University Town Center Drive. Site is southeast of the intersection of North Cattlemen Road and University Town Center
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.37973°
Longitude -82.45496°
PROJECT PURPOSE:
Basic: Transportation
Overall: Expanded parking area for an existing Sarasota County transit facility.
EXISTING CONDITIONS: The subject property is approximately 6.27-acres and 4.9-acres within the limits of construction. The land use at the project site consists of 1.5 acres of utilities (FLUCCS 800), 1.74 acres of freshwater marsh (FLUCCS 641), and 1.66 of pine-mesic oak (FLUCCS 414). The existing area surrounding the project area consists of major roadways and commercial developments.
Wetland A is a 1.74-acre disturbed freshwater marsh that has been historically impacted over the years, from near-by road construction and the placement of Florida Power and Light (FPL) pole pads. Native vegetation dominating within the system consists of bushy broomsedge (Andropogon spp.), soft rush (Juncus effusus), alligator flag (Thalia geniculata), sand cord grass (Spartina bakeri), and sedges (Carex spp.), red maple (Acer rubrum), Virginia willow (Itea virginica). Due to disturbed conditions nuisance species consist of cat tails (Typha spp.), and Peruvian primrose willow (Ludwigia peruviana), and barnyard grass (Echinocloa spp.)
PROPOSED WORK: The applicant seeks authorization to dredge and fill a 2.01 acre freshwater marsh wetland to construct a grass and stone parking lot to the south of the newly constructed Sarasota County Area Transit (SCAT) Facility to allow for overflow parking from the Nathan Benderson Park Aquatic Center.
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:
Alternatives were eliminated as a result of multiple factors including the size and quality of aquatic resources to be impacted, potential utilization by listed species, and the need for the site to be adjacent to the Sarasota County transit facility. Since wetland impacts are to a low quality wetland system, the mitigation site will provide a higher quality fresh water marsh system. Best Management Practices (BMPs) will be utilized to ensure that off-site wetlands are not affected by construction activities associated with this project. Secondary impacts will be avoided to the greatest extent practicable. Likewise, additional impacts to the environment outside the construction area are not anticipated since BMP measures (silt fences, staked turbidity barriers, floating turbidity barriers) will be implemented for the project..
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Wetland mitigation is being provided off-site through the creation of a high quality fresh water marsh just southwest of the SCAT site and within the boundary of Nathan Benderson Park. There are no federally approved mitigation banks that can serve this project.
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: Based upon review of the Wood Stork Key for Central and North Peninsular Florida dated September 2008, the proposed project resulted in the following sequential determination: A > B > C > E > “Not likely to adversely affect” the wood stork. No wood storks were observed onsite during the site inspections (November 15, 2016) and mitigation for impacts to wood stork habitat will occur with this project.
The Corps completed an evaluation of the project based upon the updated 2013 Eastern Indigo Snake Programmatic Effect Determination Key. Use of the Key resulted in the following sequential determination: A > B > C > “Not likely to adversely affect”. Based on the key, no further coordination is required.
The Corps has determined the proposal would have no effect on the Florida Scrub Jay. The property is dominated by freshwater marsh with no open scrub habitat that would support a scrub jay family. The nearest documented scrub jay occurrence is approximately 2 miles to the east. No Florida Scrub Jays were observed during the November 15, 2016 survey of the property.
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 have no effect on EFH or Federally managed fisheries. 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 within 15 days from the date of this notice. For electronic mail (preferred) submit comments to Caitlin.S.Hoch@usace.army.mil. For standard mail submit comments to 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302. Please reference this permit number, SAJ-2017-00441 (SP-CSH), on all submittals.
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, Caitlin Hoch, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Caitlin.S.Hoch@usace.army.mil; by fax at (813)769-7061; or, by telephone at (813)769-7074.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.