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:
Sia Mollanazar, P.E.
Manatee County Public Works
Engineering Services Division
1022 26th Avenue East
Bradenton, Florida 34208
WATERWAY AND LOCATION: The project would affect wetland and surface Waters of the U.S. (WOUS) which flow into the Buffalo Canal sub-basin, the Frog Creek drainage basin, and to Terra Ceia Bay, all of which are within the Manatee River watershed. The project WOUS include a portion of a mixed forested wetland (0.70 acre) and portions of jurisdictional surface waters (0.65 acre) that flow into Buffalo Canal; however there are also 2.06 acres of “non-jurisdictional” other surface waters (OSW's) including upland cut agricultural and roadside ditches. The project site is located at 27.58502˚N, -82.436679˚W, in Sections 19, 29, 30, Township 33 South, Range 19 East, Parrish, Manatee County, Florida.
Directions to the site are as follows: From Tampa head south on I-75, take Exit 229 toward Parrish onto Moccasin Wallow Road and go east for approximately 2 miles, the project area is located on the south side of Moccasin Wallow Road and extends south 1.25 miles to 69th Street East.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.58502°
Longitude -82.436679°
PROJECT PURPOSE:
Basic: Transportation
Overall: To construct a two-lane road with related and appropriate infrastructure, including a storm water management system.
EXISTING CONDITIONS: Approximately 47.53 acres of the roadway project area is considered upland habitat consisting of disturbed and open lands, upland mixed hardwoods, citrus groves and transportation.
Upland Descriptions
Open Land (FLUCCS 190)
Approximately 17.49 acres of the uplands within the project area are characterized as open land. These disturbed areas are located throughout the project area, and include pasture grasses with scattered low growing saw palmetto (Serenoa repens) which are either fallow cropland or currently used for grazing cattle.
Citrus Groves (FLUCCS 221)
Approximately 11.18 acres of the uplands within the project area are characterized as citrus groves. Vegetative species noted within the community type include row crops of citrus trees and associated infrastructure.
Hardwood Coniferous Mixed (FLUCCS 434)
Approximately 3.44 acres of the uplands within the project area are characterized as hardwood coniferous forest, which is located near Lorraine Road. The vegetative community includes a canopy of slash pine (Pinus elliottii), cabbage palm (Sabal palmetto) and live oak (Quercus virginiana) with a sub-canopy of winged sumac (Rhus copallinum) and scattered Brazilian pepper (Schinus terebinthifolius). The groundcover has vines, including muscadine grape (Vitis rotundifolia) and earleaf greenbriar (Smilax auriculata), with scattered saw palmetto (Serenoa repens) and ruderal species consisting of common ragweed (Ambrosia artemisiifolia) and dogfennel (Eupatorium capillifolium).
Disturbed Land (FLUCCS 740)
Approximately 2.37 acres of the uplands within the project area are characterized as disturbed land. This disturbed area is currently being used as a stockpile and staging area for the adjacent school development.
Roads and Highway (FLUCCS 814)
Approximately 11.76 acres within the project area are considered roads, which includes Erie Road and Moccasin Wallow Road. There will be crossings and roadway improvements to these area.
Railroads (FLUCCS 8192)
Approximately 1.29 acres of the project area includes a railroad, which is located on the north side of Erie Road.
WOUS Wetland and Surface Water Descriptions
Wetland Forested Mixed (FLUCCS 630)
The wetland system (Wetland 1) consists of a 3.39 acre forested wetland that is surrounded by disturbed open lands that have been used for agricultural purposes. Approximately 0.70 acres of this wetland will be impacted. This ditched and drained wetland has a canopy dominated by red maple (Acer rubrum) with occurrences of laurel oak (Quercus laurifolia), elm (Ulmus americana), and bay (Persea palustris), with a sub-canopy comprised of scattered Brazilian pepper and Peruvian primrose willow (Ludwigia peruviana) along the interior ditch. The groundcover is predominantly comprised of scattered clumps of fern including chain fern (Woodwardia virginica) and swamp fern (Blechnum serrulatum).
Streams and Waterways (FLUCCS 510): WOUS 4, 7, 8, and 9
A series of agricultural ditches are located throughout the roadway project alignment, which are used to manage water tables and irrigation requirements for agricultural purposes. Approximately 0.65 acres of the agricultural ditches are proposed to be impacted through fill. These agricultural ditches range in species composition depending on location and depth, and consist of cattail (Typha spp.), primrose willow (Ludwigia peruviana), soft rush (Juncus effusus), coinwort (Centella asiatica), smartweed (Polygonum punctatum), pickerelweed (Pontederia cordata), chain fern (Woodwardia spp.), torpedograss (Panicum repens), and Carolina willow (Salix caroliniana) along the ditch bottom and toe-of-slope. The top-of-bank has scattered occurrences of Brazilian pepper, salt bush (Baccharis halimifolia), wild lantana (Lantana camara), cogongrass (Imperata cylindrica), dog fennel (Eupatorium spp.), and caesarweed. The applicant has not proposed mitigation for impacts to drainage ditches that were constructed in uplands to drain uplands, do not provide significant habitat for threatened or endangered species, and were not constructed to divert natural stream flow.
Non-Jurisdictional Wetland and Other Surface Water Description
Streams and Waterways (FLUCCS 510): OSW's 1, 2, 3, 5, 6, 10 11, and 12
These upland cut agricultural and roadside ditches typically have similar vegetative components along the toe-of-slope including dense torpedograss (Panicum repens) and bahiagrass, but the roadside ditches resemble grass swales; these areas are surrounded by dense cogongrass (Imperata cylindrica), broomsedge (Andropogon virginicus) and guineagrass. Impacts totaling 2.06 acres are proposed to surface waters listed above, which include upland cut agricultural and roadside ditches.
PROPOSED WORK: The applicant seeks authorization to develop a 50.41-acre project area as a two-lane road between the south side of Moccasin Wallow Road and 69th Street with related and appropriate infrastructure, including a storm water management system. The applicant proposes to fill 1.35 acres of “waters of the U.S.” (WOUS) to construct the roadway. The roadway will connect future residential and commercial development planned in the surrounding areas.
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:
Unavoidable impacts are the result of Manatee County’s pre-determined alignment for the roadway, as well as the right-of-way setback requirements. Efforts to eliminate and reduce wetland impacts were employed during project design including a minimized footprint, and consideration of avoiding wetlands within and adjacent to the project area.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Mitigation for the proposed wetland impacts will include the preservation and enhancement (i.e., removal of exotic species and supplemental planting) of the remaining 2.69 acres of W-1 and 1.04 acres of W-2.
CULTURAL RESOURCES:
The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect 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 > MANLAA 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 > MANLAA pursuant to the Key. This determination is based on the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake. Per Key stipulation for both programmatic consultations, no further consultation with FWS is required 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.