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:
Pasco County
C/O Mr. Michael Carballa, P.E., BCEE
19420 Central Boulevard
Land O’ Lakes, FL 34637
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Crews Lake. The project site is located east of the Suncoast Highway, west of US-41, and north of SR-52 in Sections 15, 16, 21, 27, and 28, Township 24 South, Range 18 East, Pasco County, Florida.
Directions to the site are as follows: To access the project area, from I-75 North take exit 285. Travel West on SR-52 until the intersection of the SR-52 and US-41, travel north on US-41 approximately 4.5 miles to Winding Creek Rd. Crews Lake can be accessed by turning on Winding Creek Rd off of SR-41.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.388136°
Longitude: -82.511994°
PROJECT PURPOSE:
Basic: Natural Systems Restoration
Overall: To construct a series of berms and pipeline to restore 225 acres of hydrologically-altered wetland habitat in the north basin of Crews Lake by applying highly-treated reclaimed water from the Pasco County Master Reuse System.
EXISTING CONDITIONS: The proposed project site “Crews Lake” is a freshwater lake and wetland system that has suffered decades of hydrologic alteration from surface water diversions and consumptive uses from nearby wellfield drawdown, exacerbated by the Hernasco sink and segmentation of the lake by man-made berms within the lake bed that are estimated to have been constructed in the 1960’s. The onsite vegetation consists of wet prairie species, except for a few depressional marsh habitats and a few upland areas that only get inundated during extreme events. Stands of slash pine (Pinus elliottii) and oaks (Quercus virginiana) have invaded portions of the northern basin and groundcover consists of wet prairie habitat. The existing area surrounding the project is pasture.
PROPOSED WORK: The applicant seeks authorization to permanently fill ±5.2 acres of waters of the United States in the form of wetlands for the construction of 4,640 feet of berms (20,472 cubic yards) for restoration of ±225 acres of wetlands. Additionally the applicant seeks authorization to install a 24-in pipeline from an existing reclaimed water transmission main to the proposed wetland inflow location, and remove portions of the existing man-made berms within the lake bed.
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 proposes to utilize portions of the existing man-made berms within the lake bed to minimize the implementation of new berms. Construction of the proposed shallow berm will be performed without the need for additional fill, where the borrow area within the project area shall function as the mitigation area for the impacts. The location for the proposed shallow berm was chosen within the lake bed where wetland function is significantly degraded, minimizing impacts to the lake hydrology. The pipeline route was selected to avoid impacts to wetland areas.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
As compensatory mitigation for 3.3 acres of degraded wetland impact for the construction of the proposed new berm and 1.5 acres of degraded wetland impact for the restoration of existing man-made berms, the applicant proposes restore wetland function to 0.4 acres by removing an existing man-made berm and create 4.7 acres of new herbaceous wetland within the project area. The herbaceous wetland creation area will be planted with native herbaceous species.
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 (SHPO) and those federally recognized tribes with concerns within Florida and the Permit Area. The applicant has provided information from SHPO which has indicated that no previously recorded resources were found in the proposed parcels.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the (NLAA) the Eastern indigo snake (Drymarchon corais couperi) and wood stork (Mycteeria Americana). Additionally, the Corps has determined the proposal would have no effect on the Florida scrub jay (Aphelocoma coerulescens) or their designated critical habitat.
Eastern indigo snake (Drymarchon corais couperi): By letter dated 25 January 2010 and addendum dated 13 August 2013, the FWS states that projects analyzed with the 25 January 2010 version of the Indigo Snake Key in which the Corps reaches a “may affect, not likely to adversely affect” determination (A>B>C>E), the FWS hereby concurs with the Corps' determination in accordance with 50 CFR 402.14(b) 1, and no further consultation with the FWS is required.
Florida scrub jay (Aphelocoma coerulescens): The project area is within the consultation area for the Florida scrub jay. However, the project proposes to restore 225 acres of hydrologically-altered wetland habitat. 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.
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 > B > C > E “not likely to adversely affect”. 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.
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 20 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.