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: Charlotte County Board of County Commissioners
Attn: Brian Barnes
18500 Murdock Circle
Port Charlotte, Florida 33948
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Charlotte Harbor. The project is located in Sections 32 and 33, Township 41S, Range 23E and Sections 4, 5, 8, 9, 16, 17, 20 and 21, Township 42S, Range 23E within Charlotte County, Florida. More specifically, the project is located along the Burnt Store Road corridor south of Notre Dame Boulevard and north of Zemel Road.
Directions to the site are as follows: From I-75, take exit 161 (Jones Loop Road) and head west. Jones Loop becomes Burnt Store Road at US 41. Beginning of project is approximately 2 miles south of US 41.
APPROXIMATE COORDINATES:
Northern Extent: 26°51'45.93" N; 82°1'26.66" W Midpoint: 26°49'51.59" N; 82°1'17.11" W
Southern Extent: 26°48'22.09" N; 82°1'50.61" W
PROJECT PURPOSE:
Basic: The basic project purpose is expansion of an existing roadway.
Overall: The overall project purpose is expansion of an existing roadway along Burnt Store Road in Charlotte County, Florida.
EXISTING CONDITIONS: The project corridor is approximately 4.6 miles long and encompasses approximately 164.34 acres of right-of-way and surrounding lands. The surrounding land use consists of residential development, pasture, and forested wetlands. The project corridor currently supports multiple land use types/vegetative communities. These include both upland and wetland systems. These land use types/vegetative communities were classified and described using the Florida Land Use Cover and Forms Classification System (Florida Department of Transportation, 1999). The existing land cover within the project limits consists of (FLUCCS), 1) Upland Areas: 110 Residential, 211 Improved Pasture, 221 Citrus Grove, 321 Palmetto Prairie, 411 Pine Flatwoods, 422 Brazilian Pepper, 434 Hardwood/Conifer Mixed, 814 Roads and Highways, and 2) Wetland and Surface Waters: 510 Stream, 510D Ditch areas, and 618 Shrub Wetland. A description of the wetland systems that are located within the project limits is provided as follows:
Wetland 1 is located along the eastern Right of Way of Burnt Store Road near the northern of the project corridor. The wetland within the proposed right of way (2.11 acre) will be impacted through the dredge and fill from the construction of the road and associated stormwater system.
Wetland 2 is located along the western right of way of Burnt Store Road near the northern end of the project corridor. The wetland within the proposed right of way (0.07 acre) will be impacted through the dredge and fill from the construction of the road and associated stormwater system.
Surface Water 1 is a stream located near the southern end of the project corridor. The stream is a conveyance channel that is part of a wetland system to the east and west of the project corridor. This area (0.10 acre) will be impacted by the project.
PROPOSED WORK: The applicant seeks authorization to fill 2.28 acres of non-tidal wetlands and other surface waters for expansion of the existing Burnt Store Road from two to four lanes and associated stormwater treatment features. The project also proposes impacts to 5.76 acre of ditches and other surface waters within the project limits.
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:
Due to the linear nature of the project and the necessity to construct the additional lanes adjacent to the existing roadway, the potential for elimination of wetland impacts is limited. Although all wetlands within the project limits are proposed for impact, it is noteworthy to mention that the potential locations of the required stormwater management ponds were evaluated prior to final design to ensure that no wetland impacts beyond those which are required as a direct result of the roadway alignment were proposed.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset the functional loss associated with the proposed wetland impacts, the applicant is proposing off-site mitigation through the purchase of credits from LPIMB. Credit purchases from the LPIMB, will provide greater long term ecological value than the area of wetlands that are proposed to be impacted.
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:
1) The Corps has determined the proposal may affect, the eastern indigo snake (Drymarchon corais couperi) and the florida bonetted bat (Eumops Floridanus).
The Corps has determined the proposed project may affect the eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the revised Eastern Indigo Snake Key dated April 1, 2017. The Corps has programmatic concurrence with the sequential determination of A > B > C > “May affect” pursuant to the Key. This determination is based on the project’s impacts to 25 acres or more of eastern indigo snake habitat. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the project may affect the Florida bonneted bat (Eumops floridanus). The project is located within the consultation area of the FBB. Furthermore, the project site is 5 ac or greater and includes more than 1 ac (alone or combined) of the following FBB habitat types: upland or wetland forest; upland or wetland shrub; or open freshwater wetlands. The Corps will request initiation of formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act by separate letter.
2) The Corps has determined the proposal may affect, but is not likely to adversely affect the wood stork (Mycteria americana), red-cockaded woodpecker (Picoides borealis) and florida scrub jay (Aphelocoma coerulescens):
The Corps has determined the project may affect, but is not likely to adversely the wood stork (Mycteria americana). Based upon review of the Wood Stork Key for South Florida dated May 18, 2010, the proposed project resulted in the following sequential determination: A > B > C > E = “NLAA” the wood stork. The applicant will provide the required short/long hydroperiod compensation through the purchase of federal credits at a mitigation bank within the service area. The Corps has U.S. Fish and Wildlife Service concurrence for this determination through use of the aforementioned determination keys.
The Corps has determined the proposed project may affect, but is not likely to adversely
affect the red-cockaded woodpecker (RCW) (Picoides borealis). The nearest documented red-cockaded woodpecker (RCW) nest is greater than 3 miles east of the subject property. No RCW nest cavities or other evidence of utilization by the red-cockaded woodpecker was observed onsite. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely
affect the Florida scrub-jay (Aphelocoma coerulescens) or its designated habitat. The
proposed project is within the consultation area for the Florida scrub-jay. No habitat
types utilized by Florida scrub-jays are found within or adjacent to the project area. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
3) The Corps has determined the proposed project will have no effect on the West indian manatee, swimming sea turtles, smalltooth sawfish and its designated critical habitat.
The Corps has determined the limits of the proposed project to be inaccessible to the subject species and will have no effect on the species or PCEs associated with the smalltooth sawfish 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 in Lake Catherine and Palatlakaha River basin. 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 Fort Myers Permits Section, 1520 Royal Palm Square Blvd., Suite 310, Fort Myers, FL 33919 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, Stephen J. Fleming, in writing at the Fort Myers Permits Section, 1520 Royal Palm Square Blvd. Suite 310, Fort Myers, FL 33919; by electronic mail at Stephen.J.Fleming@usace.army.mil; by facsimile transmission at (239) 334-0797; or, by telephone at (239) 334-1975.
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