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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Bruce Wirth
Pinellas County Board of County Commissioners
14 South Fort Harrison Avenue
Clearwater, Florida 33756
727-435-3469
bwirth@pinellascounty.org
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Long Branch. The project site is located at North Rena Drive, in Section 06, Township 30 South, Range 16 East, Largo, Pinellas County, Florida.
Directions to the site are as follows: From Temple Terrace, Florida, take 1-75S to 1-4W to 1-275 S. then south to SR688 (Ulmerton Road). Follow Ulmerton Road west for 5 miles to W. Rena Drive.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.896477º
Longitude -82.73101º
PROJECT PURPOSE:
Basic: Stormwater Improvement
Overall: Improvement of an existing stormwater conveyance system to fix frequent flooding caused by inadequate culverts and proper access for maintenance.
EXISTING CONDITIONS: The wetland system consists of an existing upland cut ditch system. The vegetation within the drainage way consists of densely overgrown Brazilian pepper (Schinus terebinthifolia), wax myrtle (Myrica cerifera), and coastalplain willow (Salix caroliniana). Under the power line, the drain way is infrequently maintained by mowing to prevent the growth of woody species. Currently, the maintained section of the drainage way has a few small cabbage palms (Sabal palmetto) and a mix of mostly nuisance species like cattail (Typha domingensis), lantana (Lantana camara), beggarticks (Bidens alba), and guineagrass (Urochloa maxima). The existing area surrounding the project area consists mainly of light industrial, commercial, and residential property.
PROPOSED WORK: The applicant seeks authorization to improve drainage easements along the intermittent existing upland cut ditch from 66th Street North at the northeast limits of the project to the existing culvert at Ulmerton Road. The limits of the proposed construction are 3.42 acres. There are 13 Other Surface Waters (OSW’s), connected by pipes, including culverted road crossings at West Rena Drive and Audrey Lane, consisting of 1.133 acres of OSW’s. The applicant proposes to temporarily impact 1.041 acres of the OSW’s through dredging and permanently impact 0.092 acres through fill.
OSW’s 2, 3, 4, and 13 will be filled and replaced with culverts and designed to have a shallow grass swale on top. Local drainage collected in the swale will discharge to a ditch bottom inlet over the culvert. The bottom elevation of the remaining OSWs is to be dredged approximately 2-feet below the existing OSW bottom elevations. The existing 36-inch culvert between OSW 10 and 11 will be removed. The OSW’s will have both dredge and fill impacts to modify the stormwater system for efficient flow and to allow for future maintenance.
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: Project includes improvements to an existing drainage conveyance way. Minimized impacts as much as possible while providing a system that can be regularly maintained.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: No compensatory mitigation plan has been proposed by applicant.
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 (NLAA)” the Wood stork (Mycteria americana) and Eastern indigo snake (Drymarchon corais couperi). Potential impacts to the wood stork were evaluated using the Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, dated September 2008 (Key). The Corps has programmatic concurrence with the sequential determination of A > B > C > NLAA pursuant to the Key. Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Key (Key) dated 25 January 2010 and updated 13 August 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > NLAA pursuant to the Key. This determination is based on the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake. Through the Programmatic Concurrence of above referenced 2 keys, “NLAA” determinations for projects made pursuant to these keys require no further consultation with the U.S. Fish and Wildlife pursuant to Section 7 of the Endangered Species Act.
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 Palm Avenue, Suite 120, Tampa, Florida 33610-8302 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, Ryan Hendren, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302; by electronic mail at Ryan.G.Hendren@usace.army.mil or, by telephone at 813-769-7075.
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.
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.