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: Peace River Manasota Regional Water Supply Authority
c/o Mike Coates
9415 Town Center Parkway
Lakewood Ranch, FL 34202
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Peace River. The project site is located at the Peace River Manasota Regional Water Supply Authority river intake, 8998 SW County Road 769, within Sections 15, Township 39 South and Range 23 East, Arcadia, DeSoto County, Florida.
Directions to the site are as follows: To access the project area, from I-75 take exit 170, County Road 769 Kings Highway. Travel east 5.5 miles to the Peace River Manasota Regional Water Supply Facility, Arcadia, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.086536°
Longitude: -81.999180°
PROJECT PURPOSE:
Basic: Dredging
Overall: The project known as Peace River Manasota Regional Water Supply Authority Phase 2 is to conduct dredging in areas adjacent to the PRMRWSA intake to ensure continued availability of river water at the river intake pump station.
EXISTING CONDITIONS: The Peace River Manasota Regional Water Supply Authority (PRMRWSA) relies upon surface water from the Peace River for supplying drinking water to the region. The water is pumped from the river using large-capacity pumps to an off-stream reservoir at the plant. The intake channel that conveys water to the river pump intake has moved over time due to point bar accretion, cut-bank erosion, and riparian vegetation advancement into the channel. Siltation and sand deposition are changing the river bottom elevations near the river intake pump station and within side channels of the river.
The bottomland forest that encompasses the Peace River is characterized by a variety of hardwood canopy species including: bald cypress (Taxodium distichum), red maple, swamp tupelo (Nyssa sylvatica var. biflora), water locust (Gleditsia aquatica), American elm, sugarberry, water hickory (Carya aquatica), laurel oak, and water oak. Under story species observed were Carolina willow (Salix caroliniana), Carolina ash (Fraxinus caroliniana), dwarf palmetto (Sabal minor), groundsel tree (Baccharis glomeruliflora), Walter’s viburnum, and button bush (Cephelanthus occidentalis). Herbaceous species upslope from the river included Jack-in-the-pulpit (Arisaema triphyllum), false toothpetal rein orchid, spadeleaf (Centella asiatica), common yellow stargrass (Hypoxis curtissii), creeping cucumber (Melothria pendula), hairy leafcup (Smallanthus uvedalia), maiden fern and corkystem passion flower (Passiflora suberosa).
PROPOSED WORK: The applicant seeks authorization to dredge 165,355 square feet (3.80 acres) of the Peace River, to a design depth of -7.0 feet NGVD (over dredge may reach -8.0 feet), removing approximately 16,500 cubic yards of material adjacent to the Peace River Manasota Regional Water Supply intake.
The dredging will likely be completed using typical backhoe/dipper equipment consisting of a barge mounted excavator and a soil containment tank. However, it may also be hydraulically dredged.
During dredging operations, all personnel will be educated in the protection of the endangered Florida Manatee. The contractor will be warned of the penalties and will be held responsible for any manatee harmed as a result of construction activities. The proposed dredge site will be closed off to navigable vessels, which should only include small recreational crafts such as fishing motor boats, canoes, and kayaks. Dredge construction for the project is anticipated to have a duration of 5 months with substantial completion estimated at 4 months after the construction commencement date.
Dredged material will be loaded into the tank and off-loaded into self-contained dump trucks that will transport the material to temporary spoil drying sites. The temporary spoil drying site is comprised of the Peace River Facility’s (PRF) existing Sludge Drying Bed Nos. 1, 2, and 3. The existing 7.2-acre sludge drying bed site will be used temporarily for drying the excavated material. The drying beds are currently a backup component of the water treatment system, with each bed having an under drain and pump system that dewaters saturated water treatment material and adds the percolated water to the PRF’s off stream river water storage reservoir. The PRF has redundant drying beds that are used on a rotational basis, minimizing possible impacts to facility operations during the proposed work. Conservatively using a depth and freeboard distance of 4 feet and 2 feet, respectively, the sludge drying bed site can hold approximately 23,000 cubic-yards of excavated material. This volume exceeds the anticipated 16,500 cubic-yards of dredge material. After drying, the spoil material will be transported to a permanent stockpile location for later use. The permanent stockpile will have a maximum height of 16 feet. Two locations have been identified by the PRMRWSA for the permanent stockpiles. Both locations are within PRMRWSA ownership, with one location already being used for stockpiling fill. The other stockpile option is currently an open-space lawn and is slightly closer to the proposed dredge work.
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 water treatment plant (WTP) facility relies upon surface water flow from the Peace River for supplying drinking water to the region. The water is pumped from the river using large-capacity, axial-flow pumps which convey the river water to surface reservoir No. 2. The storage system and water production reliability of the WTP are dependent upon adequate availability of water at the intake pump station. Published literature, historical aerial photographs, and hydraulic modeling of the river using a hydrographic survey of the river bottom confirmed changing river bottom conditions over the previous 20 years at and near the pump station’s intake structure due to a number of processes, including point bar accretion, cut-bank erosion, riparian vegetation advancement, siltation, and sand deposition. To guarantee the continued reliable water delivery to the river pump station intake, impacts to Waters of the United States (WOTUS) cannot be avoided entirely. Several water delivery alternatives were considered by the PRMRWSA, and the selected dredging area was chosen to best avoid all wetland impacts.
COMPENSATORY MITIGATION – Although the proposed project area is within tree Mitigation Bank services areas, the applicant has provided the following discussion on compensatory mitigation:
No mitigation/compensation is proposed, as the dredging impacts will be limited to surface waters and there will be no net loss of wetland function related to the project. The geometry of the Phase 2 dredging was designed with the maximum depth practical (proposed bottom elevation of -7.0 feet NGVD), which minimized the area of impacts to WOTUS.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES: The proposed project is located within the consultation area for the Florida scrub jay (Aphelocoma coerulescens), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), Crested Caracara (Polyborus plancus audubonii), and Florida bonneted bat (Eumops floridanus). Additionally the proposed project is within the Manatee Critical Habitat and Important Manatee area.
Florida scrub jay (Aphelocoma coerulescens): The project area is within the consultation area for the Florida scrub jay. However, there is no suitable habitat for the species. The Corps has made the preliminary determined the proposal would have “no effect” on the Florida scrub jay or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.
Wood stork (Mycteeria Americana): The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the wood stork (Mycteeria Americana) or its designated critical habitat. No further action is required. This determination was based on use of the wood stork Effect Determination Key (May 18, 2010). Sequence: A “no effect”. With an outcome of "no effect" or "NLAA as outlined in this key, and the project has less than 20.2 hectares (50 acres) of wetland impacts, the requirements of section 7 of the Act are fulfilled for the wood stork and no further action is required.
Florida bonneted bat (Eumops floridanus): The project area is within the consultation area for the Florida bonneted bat. However, the project as proposed would only dredge in open water and would not impact any suitable habitat for the species. The Corps has made the preliminary determined the proposal would have “no effect” on the Florida bonneted bat or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.
Florida Grasshopper Sparrow (Ammodramus savannarum floridanus): The project area is within the consultation area for the Florida Grasshopper Sparrow. However, there is no suitable habitat within the proposed project boundaries for the species. The Corps has made the preliminary determined the proposal would have “no effect” on the Florida Grasshopper Sparrow or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.
Crested Caracara (Polyborus plancus audubonii): The project area is within the consultation area for the Crested Caracara. However, the proposed project would not impact the spices suitable habitat. The Corps has made the preliminary determined the proposal would have “no effect” on the Crested Caracara or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.
West Indian (Florida) manatee (Trichechus manatus latirostris): The project area is within the West Indian (Florida) manatee (Trichechus manatus latirostris) Critical Habitat and Important manatee area. However the project as proposed would not permanently impact these areas and the applicant will follow standard manatee conditions for in-water work. Using the Florida Effect Determination Key for the Manatee in Florida (April 2013), the Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian (Florida) manatee (Trichechus manatus latirostris) [A > B > C > D > E > F > G > N > O > P]. May affect, not likely to adversely affect determinations arrived at through the use of this key do not require further consultation with the U.S. Fish and Wildlife Service (FWS) and are determined to meet the requirements of Section 7 of 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 as the project is inland of fisheries resources. 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 within 25 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, Edgar Garcia, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at edgar.w.garcia@usace.army.mil; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7062.
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.