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: Lakewood Ranch Stewardship District
14400 Covenant Way
Lakewood Ranch, Florida 34202
WATERWAY AND LOCATION:
44th Ave East Phase 5 & Uihlein Road Phase 3
The project would affect waters of the United States associated with Mill Creek drainage basin, which is located in the Manatee River watershed within Sections 2 and 10-12, Township 35 South, Range 19 East, in Manatee County, Florida. The project center is geographically situated along the south side of SR-64, approximately 1.5 miles east of Lorraine Road and 1.5 miles north of SR-70.
Rangeland Parkway & Uihlein Road Improvement
The project would affect waters of the United States associated with Manatee River watershed and within the Mill Creek and Upper Braden River drainage basins in Sections 11, 12, and 14, Township 35 South, Range 19 East, in Manatee County, Florida. The project center is geographically situated 1.30 miles south of SR 64, approximately 1.5 miles east of Lorraine Road and 0.85 mile north of SR 70.
Rangeland Parkway Extension
The project would affect waters of the United States associated with the Wolf
Slough drainage basin, and within the Braden River watershed in Sections 15 and 16, Township 35 South, Range 19 East, in Manatee County, Florida. The project is geographically situated approximately 2.75 miles south of State Road 64 (SR 64) and 0.85 miles north of State Road 70 (SR 70) and extends to the west side of Lorraine Road.
DIRECTIONS TO THE SITE ARE AS FOLLOWS:
44th Ave East Phase 5 & Uihlein Road Phase 3
From Tampa head south on I-75, take exit 220 onto FL-64 and go east for approximately 5.2 miles to Lorraine Road and head south for approximately 1.40 miles, the start of the proposed roadway for the 44th Avenue East Phase V project site is on the east side of Lorraine Road and extends eastward for 2.75 miles; the start of Uihlein Road Phase III is on the south side of SR-64, 1.45 miles east of Lorraine Road and extends southward for 1.35 miles.
Rangeland Parkway & Uihlein Road Improvement
From Tampa head south on I-75, take exit 217 onto FL-70 and go east for approximately 5.4 miles to Uihlein Road and head north for approximately 0.40 miles, the start of the proposed roadway for the Uihlein Road project site extends northward for 1.45 miles. The proposed roadway for Rangeland Parkway starts approximately 1.50 miles east of Lorraine Road along the east side of the proposed Uihlein Road and extends approximately 1.25 miles due east to the proposed Bourneside Road.
Rangeland Parkway Extension
From Tampa head south on I-75, take exit 217 onto FL-70 and go east for approximately 3.0 miles to White Eagle Boulevard and head north for approximately 0.75 mile, the start of the proposed roadway for the “Rangeland Parkway Extension” starts at the terminus of the existing Rangeland Parkway and extends east for approximately 4,125 linear feet to the west side of Lorraine Road.
APPROXIMATE CENTRAL COORDINATES:
44th Ave East Phase 5 & Uihlein Road Phase 3
Latitude: 27.457527°
Longitude: -82.371471°
Rangeland Parkway & Uihlein Road Improvement
Latitude: 27.442932°
Longitude: -82.371157°
Rangeland Parkway Extension
Latitude: 27.442593°
Longitude: -82.3839°
PROJECT PURPOSE:
44th Ave East Phase 5 & Uihlein Road Phase 3
Basic: Transportation
Overall: Road project with associated road infrastructure and a stormwater management system
Rangeland Parkway & Uihlein Road Improvement
Basic: Transportation
Overall: Road project with associated road infrastructure and a stormwater management system
Rangeland Parkway Extension
Basic: Transportation
Overall: Road project with associated road infrastructure and a stormwater management system
EXISTING CONDITIONS:
44th Ave East Phase 5 & Uihlein Road Phase 3
The wetland system consists of a mixed freshwater forested wetland system. The onsite wetland vegetation consists of laurel oak (Quercus laurifolia) and red maple (Acer rubrum) with few scattered slash pine (Pinus elliottii) and Carolina willow (Salix caroliniana). The habitat generally lacks a shrub layer although Brazilian pepper (Schinus terebinthifolia) is present throughout and along the fringe, with few buttonbush (Cephalanthus occidentalis) intermixed. The groundcover in this habitat is sparse to moderate and comprised of semi-hydrophilic species including wax myrtle (Morella cerifera) and saw palmetto (Serenoa repens) with occurrences of bog hemp (Boehmeria cylindrica) and shield fern (Thelypteris interrupta). Invasive/exotic species such as Brazilian pepper and primrose willow typically occupy more than 25% of this habitat. The existing area surrounding the project area consists of sod farms, citrus crops, open lands.
Rangeland Parkway & Uihlein Road Improvement
The wetland system consists of a mixed freshwater forested wetland system. The onsite wetland vegetation consists of laurel oak (Quercus laurifolia) and red maple (Acer rubrum) with few scattered slash pine (Pinus elliottii) and Carolina willow (Salix caroliniana). The groundcover in this habitat is sparse to moderate and comprised of semi-hydrophilic species including wax myrtle (Morella cerifera) and saw palmetto (Serenoa repens) with occurrences of bog hemp (Boehmeria cylindrica) and shield fern (Thelypteris interrupta). The existing area surrounding the project area consists of sod farms, citrus crops, and open lands.
Rangeland Parkway Extension
These mixed forested wetlands consist of a disturbed hammock with a creek system (i.e., Wolf Slough) running within the interior and connected via ditches. The (Wetland 1) canopy is dominated by red maple (Acer rubrum), with few laurel oak (Quercus laurifolia), and scattered black gum (Nyssa sylvatica), the sub-canopy includes Brazilian pepper (Schinus terebinthifolia) and Carolina willow (Salix caroliniana) with a groundcover comprised of dense ferns including cinnamon fern (Osmunda cinnamomea), swamp fern (Blechnum serrulatum), and shield fern (Thelypteris interrupta). Invasive, exotic species such as Brazilian pepper and primrose willow typically occupy more than 25% of this habitat. The (Wetland 2) canopy is also dominated by red maple with few laurel oak, the sub-canopy is sparse with few Brazilian pepper, and groundcover is comprised of dense leaf litter. The existing area surrounding the project area consists of sod farms, citrus crops, and open lands.
PROPOSED WORK:
44th Ave East Phase 5 & Uihlein Road Phase 3
The applicant seeks authorization to construct 2 roadways “44th Avenue East and Uihlein Road”, along with associated road infrastructure and a stormwater management system in Bradenton, Florida. The roadways will allow access to the mixed-use residential communities proposed in the surrounding area. The limits of the proposed construction are ±118.77-acres and located in Manatee County within Parcel Numbers: 580900059, 581100005, and 581300001, which are bound to the north, east, south, and west by Schroeder-Manatee Ranch (SMR), Inc. There are 19 Other Surface Waters (OSWs) consisting of 3.01 acres, and 1 wetland consisting of 0.70 acres. The applicant proposes to permanently fill all waters found within project boundary.
Rangeland Parkway & Uihlein Road Improvement
The applicant seeks authorization to construct 2 roadways “Rangeland Parkway and
Uihlein Road”, along with associated road infrastructure and a stormwater management system in Bradenton, Florida. The roadways will allow access to the mixed-use residential communities proposed in the surrounding area. The limits of the proposed construction are ± 74.3-acres and located in Manatee County within Parcel Numbers: 581700109, 581100005, and 581300001, which are bound to the north, east, south, and west by Schroeder-Manatee Ranch (SMR), Inc. There are 9 Other Surface Waters (OSWs) consisting of 0.85 acres, and 3 wetland consisting of 0.71 acres. The applicant proposes to permanently fill all waters found within project boundary.
Rangeland Parkway Extension
The applicant seeks authorization to construct 2 roadways “Rangeland Parkway Extension (From Benito Court to Lorraine Road)”, along with associated road infrastructure and a stormwater management system in Bradenton, Florida. The roadways will allow access to the mixed-use residential communities proposed in the surrounding area. The limits of the proposed construction are ± 17.19-acres and located in Manatee County within Parcel Number: 579902039. There are 5 Other Surface Waters (OSWs) consisting of 0.35 acres, and 2 wetland consisting of 2.72 acres. The applicant proposes to permanently fill all waters found within project boundary.
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:
44th Ave East Phase 5 & Uihlein Road Phase 3
Complete avoidance of wetland impacts would result in a project that could not be effectively designed and would not be economically practicable. The design of the roadway does not allow for the complete avoidance of impacts to the forested wetland on site and requires that a portion of the wetland be impacted by filling for the road crossing. Efforts to eliminate and reduce wetland impacts were employed during project design including direct avoidance of numerous wetlands in the surrounding landscape, a minimized footprint, and the selection of a disturbed area where the forested wetland corridor is the narrowest. In addition, the site was chosen because the only relatively sensitive environmental feature within the project area consists of a historically impacted and hydrologically degraded wetland that does not support protected species and provides only minimal habitat value due to its drained nature, nuisance exotic infestation, and long term agricultural uses.
The wetland impact proposed (0.70 acre) for the 44th Avenue East roadway project is to a disturbed mixed forested wetland that has been previously impacted by hydrological alterations, and nuisance, exotic species specifically Brazilian pepper. The remaining surface water impacts (3.01 acres) are to upland cut agricultural ditches which are scattered throughout the project boundary. The steep banked ditches are typically vegetated with nuisance and exotic species, and their primary function is the conveyance/drainage of water from on-site uplands for agricultural purposes.
Rangeland Parkway & Uihlein Road Improvement
Complete avoidance of wetland impacts would result in a project that could not be effectively designed and would not be economically practicable. The design of the roadway does not allow for the complete avoidance of impacts to the forested wetland on site and requires that a portion of the wetland be impacted by filling for the road crossing. Efforts to eliminate and reduce wetland impacts were employed during project design including direct avoidance of numerous wetlands in the surrounding landscape, a minimized footprint, and the selection of a disturbed area where the forested wetland corridor is the narrowest. In addition, the site was chosen because the only relatively sensitive environmental feature within the project area consists of a historically impacted and hydrologically degraded wetland that does not support protected species and provides only minimal habitat value due to its drained nature, nuisance exotic infestation, and long term agricultural uses.
The wetland impact proposed (0.71 acre) for the Rangeland Parkway & Uihlein Road roadway project are to disturbed mixed forested wetlands that have been previously impacted by hydrological alterations, and nuisance, exotic species specifically Brazilian pepper. The remaining surface water impacts (0.85 acres) are to upland cut agricultural ditches which are scattered throughout the project boundary. The steep banked ditches are typically vegetated with nuisance and exotic species, and their primary function is the conveyance/drainage of water from on-site uplands for agricultural purposes.
Rangeland Parkway Extension
Complete avoidance of wetland impacts would result in a project that could not be effectively designed and would not be economically practicable. The design of the roadway does not allow for the complete avoidance of impacts to the forested wetland on site and requires that a portion of the wetland be impacted by filling for the road crossing. Efforts to eliminate and reduce wetland impacts were employed during project design including direct avoidance of numerous wetlands in the surrounding landscape, a minimized footprint, and the selection of a disturbed area where the forested wetland corridor is the narrowest. In addition, the site was chosen because the only relatively sensitive environmental feature within the project area consists of a historically impacted and hydrologically degraded wetland that does not support protected species and provides only minimal habitat value due to its drained nature, nuisance exotic infestation, and long term agricultural uses.
The wetland impact proposed (2.72 acre) for the “Rangeland Parkway Extension (From Benito Court to Lorraine Road)” roadway project are to disturbed mixed forested wetlands that have been previously impacted by hydrological alterations, and nuisance, exotic species specifically Brazilian pepper. The remaining surface water impacts (0.35 acres) are to upland cut agricultural ditches which are scattered throughout the project boundary. The steep banked ditches are typically vegetated with nuisance and exotic species, and their primary function is the conveyance/drainage of water from on-site uplands for agricultural purposes.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
44th Ave East Phase 5 & Uihlein Road Phase 3
The project proposes unavoidable direct impacts to 0.70 acre of the wetland (NE-WL-35), which results in a total of 0.33 units of functional loss, for the degraded mixed forested wetland; which will need to be offset through mitigation. Functional loss was determined using the Wetland Rapid Assessment Procedure (WRAP), and credits will be debited from the Long Swamp Mitigation Bank.
Rangeland Parkway & Uihlein Road Improvement
The project proposes unavoidable direct impacts to 0.71 acre of the wetland (NE-WL-35; NE-WL-40; NE-WL-12), which results in a total of 0.44 units of functional loss, for the degraded mixed forested wetland; which will need to be offset through mitigation. Functional loss was determined using the Wetland Rapid Assessment Procedure (WRAP), and credits will be debited from the Long Swamp Mitigation Bank.
Rangeland Parkway Extension
The project proposes unavoidable direct impacts to 2.72 acre of the wetland (WOUS-W1; WOUS-W2), which results in a total of 1.56 units of functional loss, for the degraded mixed forested wetland; which will need to be offset through mitigation. Functional loss was determined using the Wetland Rapid Assessment Procedure (WRAP), and credits will be debited from the Long Swamp Mitigation Bank.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit areas. 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 Eastern indigo snake (Drymarchon corais couperi). 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 key, “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.