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: Kris Cox
Cox Chevrolet
2900 Cortez Road West
Bradenton, Florida 34207
kriscox@coxauto.com
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Gates Creek. The project site is located at 1431 SR 64 East, in Section 29, Township 34 South, Range 19 East, Bradenton, Manatee County, Florida.
Directions to the site are as follows: From Tampa head south on I-75, take exit 220A onto SR 64 East and go east for 2.75 miles to 117th Street East, the project parcel is located on the northwest corner at the intersection of SR 64 East and 117th Street E.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.486335°
Longitude -82.427352°
PROJECT PURPOSE:
Basic: Commercial development
Overall: Commercial development, associated infrastructure, and stormwater management system.
EXISTING CONDITIONS: The wetland system consists of a 1.40 acre mixed hardwood wetland, 0.70 acre freshwater stream, and 0.57 acres of other surface waters. The onsite vegetation consists of Peruvian primrose willow (Ludwigia peruviana), climbing ox-eye (Sphagneticola trilobata), wild taro (Colocasia esculenta), and small-leaf spiderwort (Tradescantia fluminensis), Brazilian pepper (Schinus terebinthifolia). The existing area surrounding the project area consists of invasive, exotic weedy species including dense, overgrown guineagrass (Panicum maximum) with occurrences of smutgrass (Sporobolus indicus), climbing ox-eye (Sphagneticola trilobata), and caesarweed (Urena lobata); clumps of cultivated palms with a sub-canopy of Brazilian pepper (Schinus terebinthifolia) are located throughout these areas within the parcel.
PROPOSED WORK: The applicant seeks authorization to develop a 17.09 acre parcel as a car dealership with supporting infrastructure and storm water management system. The applicant proposes to fill a 1.40 acre mixed hardwood wetland, 0.57 acres of other surface waters, and relocate 0.70 acres of freshwater stream to construct the commercial development. The applicant proposes to fill the 0.70 acre portion of an existing tributary to Gates Creek and re-direct the tributary around the perimeter of the applicant’s site plan.
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:
The applicant has not offered an avoidance or minimization plan citing that the impacts to waters of the U.S. will be de minimis.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
Due to the de minimis nature of the proposed “temporary” surface water impacts, no mitigation is proposed. However, the planting of native beneficial wetland and buffer species along the toe-of-slope and top-of-bank will occur to account for the temporary loss of water quality and wildlife benefits of the vegetation within the existing surface water. The species selected will include common natives that currently exist within the Gates Creek system.
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 > D > E> 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/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.