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):
APPLICANT: Lakewood Ranch Stewardship District
14400 Covenant Way
Lakewood Ranch, Florida 34202
WATERWAY AND LOCATION: The project would affect wetlands and waters of the United States associated with unnamed tributaries to the Braden River. The project site is located on the south side of State Road 70, approximately 6.9 miles east of Interstate-75; in Sections 25 and 36, Township 35 South, Range 19 East, Manatee County, Florida.
Directions to the site are as follows: From I-75 in Bradenton, take exit 217 onto State
Road 70 (SR 70) and go east for approximately 6.9 miles, the start of the proposed roadway for the “Bourneside Boulevard South Phase I” project area is on the south side of SR 70 and extends south for approximately 5,000 linear feet.
APPROXIMATE COORDINATES:
Beginning: Ending:
Latitude 27.415786° Latitude 27.402091º
Longitude -82.353749° Longitude -82.354070º
PROJECT PURPOSE:
Basic: Transportation
Overall: Construct a roadway known as Bourneside Boulevard South to facilitate access to residential communities in the Bradenton/Lakewood Ranch area.
EXISTING CONDITIONS: The 35.8 acre project area includes improved pastures, woodland pastures, disturbed hardwood-conifer mixed, communications, forested hardwood wetlands, wetland shrub, and upland-cut agricultural ditches.
PROPOSED WORK: The applicant seeks authorization to impact 1.62 acres of wetlands (Wetland SE-W93 and Wetland I) and 0.37 acres of ditches. The impacts are associated with the road construction and roadway infrastructure.
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: “A pre-positioned meandering roadway alignment was evaluated with permanent filling
impacts reduced to the greatest extent practicable to two wetland systems exhibiting varied reduced functions and values. In relation to reduction and elimination, wetland impacts were reduced to the greatest extent practicable in relation to Manatee County's preapproved roadway alignment and the residential development boundary limits approved September 10, 2014 through SWFWMD SWERP No. 43 041552.001, entitled 'Del Webb at Lakewood Ranch'. This approved residential development, in combination with the pre-positioned alignment of this roads intersection crossing stemming off from Bourneside Boulevard on the north side of SR 70, aligned this road to impact Wetlands SE-W93, and public health and safety turning radius aligned it through Wetland I. Wetland SE-W93 located along SR 70 will not be impacted in its entirety and will only have 0.42 acre of its eastern most limits permanently impacted for construction of the new roadway, sidewalk, and the utilities easement. Wetland I located south of SR 70 and in the 'Bournside Boulevard South' roadway alignment will be impacted in its entirety and will include 1.20 acre of permanent impacts for construction of the roadway, sidewalk, and utilities easement. Wetland I has a dominant coverage of nuisance/exotic species including primrose willow (Ludwigia peruviana) and an edge of Brazilian pepper (Schinus terebinthifolius). There are desirable species located within this wetland', however coverage of nuisance/exotic species is the dominant coverage. Wetland I was impacted in its entirety because if not impacted, two thin slivers of the wetland one on the east and the other on the west sides of the proposed roadway would have been left yielding a much reduced function and value (i.e., Brazilian pepper and primrose willow) with no defined zonation (and possibly resulted in little to no wetland function over time. Thus, any remnant wetland habitat left relative to its split proximity within the proposed roadway alignment, would have resulted in a much reduced function and value over time.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to debit credits from the Long Swamp Mitigation Area to offset unavoidable impacts to wetlands.
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 Eastern Indigo Snake. This determination was made using the 2013 Effect Determination Key for the Eastern Indigo Snake. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork. This determination was made using the 2008 Wood Stork Key for Central and North Peninsular Florida. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary.
The Corps has determined the proposal would have no effect on the Florida Scrub-Jay, Florida Grasshopper Sparrow, Audubon’s Crested Caracara or designated critical 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. 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 Palms Avenue, Suite 120, Tampa, Florida 36610 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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palms Avenue, Suite 120, Tampa, Florida 36610; by electronic mail at Candice.M.Wheelahan@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7064.
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.