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SAJ-1996-00749 (SP-KRD)

Published Dec. 3, 2018
Expiration date: 12/24/2018

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:
Rive Isle Associates LLC
Roy A. Permer
8200 NW 41st Street, Suite 200
Doral, Florida 33166

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the existing tidal floodplain compensation lake and the Manatee River at the southwest (SW) corner of the River Wilderness subdivision located at the end of Rio Vista Terrace, Section 18, Township 34 South, Range 19 East, Parrish, Manatee County, Florida.

Directions to the site are as follows: From Interstate 75 (I-75) in Manatee County, take Exit for US301/Ellenton and proceed east approximately 2 miles and turn right onto Old Tampa Road. Proceed approximately 3.5 miles on Old Tampa Road and take a right on Rive Isle Run into the River Wilderness Subdivision. Follow Rive Isle Run and take a left turn on Rio Vista Terrace and proceed to lake at the west corner of the subdivision near the intersection of Rio Vista Terrace and Harborside Lane. The project is located along the earthen berm separating the lake from the Manatee River adjacent to the existing weir dam.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.523063
Longitude: -82.449356

 

PROJECT PURPOSE:
Basic: To create a secondary channel for recreational boating access and water quality improvements in the River Wilderness subdivision.
Overall: To create a secondary channel to increase flushing, improve water quality, and provide recreational boating access to the Manatee River for the residents of the River Wilderness subdivision in Parrish, Manatee County, Florida.

EXISTING CONDITIONS: The wetland system consists of a mangrove and saltwater marsh wetland system and open tidal waters associated with an existing floodplain compensation lake and the Manatee River which is separated by an existing upland berm and weir dam. There are no seagrass beds within or adjacent to the project area. The bank along the subdivision’s floodplain compensation lake has a steep slope approximately 6 feet high and an average width of 4 feet. The top of bank and surrounding upland areas consisted of mowed grasses. At the toe of slope and on the bottom of the lake in the proposed area, vegetation was scarce with <5% cover from recruited species. On the bank of the Manatee River, the top of bank was dominated by dense Brazilian pepper (Schinus terebinthifolius) and grapevine (Vitis sp.), with several cabbage palm trees (Sabal palmetto) and wax myrtle (Myrica cerifera) shrubs providing additional coverage. The bank was steep with an average slope approximated 10 feet high and 7 feet wide. Vegetation along the banks was thick (approximately 90% coverage) and predominately Brazilian pepper, although several white mangrove (Laguncularia racemosa) and red mangrove (Rhizophora mangle) were present. A small patch of black needlerush (Juncus roemerianus) was observed among the mangroves.

PREVIOUS PERMITS: Rive Isle, Phase III, Sub-Phases E, F, G, H, and M were authorized on June 1, 2005, by the Southwest Florida Water Management District (SWFWMD) through Environmental Resource Permit (ERP) Number 43021118.008 and by the Corps on February 9, 2006, by Department of the Army Permit number SAJ-1996-749-IP-JPF. These permits included the authorization for both wetland impacts and compensatory wetland mitigation for the project as follows:

  • SWFWMD – 1.89 acres of wetlands were authorized for two bridge crossings, channel dredging and construction of a community boat ramp and T-dock for temporary loading/unloading. Compensatory mitigation for permanent wetland impacts consisted of the restoration of 1.32 acres of wetlands and 10.06 acres of upland buffer enhancement.
  • Corps – 1.56 acres permanent fill impacts, 1.05 acres of permanent excavation/dredging impacts, 19.5 acres of temporary wetland impacts associated with enhancement/restoration, and construction of a community boat ramp, a courtesy dock for the ramp, and six common docks providing 12 slips for residents without direct river access. This permit covered four different phases in the development project. As compensatory mitigation, 0.26 acres of freshwater herbaceous marsh was created, 0.04 acres of freshwater herbaceous marsh was restored, 1.32 acres of estuarine march was restored, 19.38 acres of estuarine marsh was enhanced, and 23.38 acres of uplands were enhanced.
  • The SWFWMD also approved the proposed channel cut on December 11, 2015, through permit modification 43021118.011. No mitigation was required.

PROPOSED WORK: The applicant seeks authorization to construct a secondary channel to connect the existing tidal floodplain compensation lake to the Manatee River. The purpose of the project is to increase flushing, improve water quality, and disperse boat traffic. The proposed channel will be result in the dredging of approximately 2,165 cubic yards (CY) of material below the plane of mean high water (MHW) over an approximate 0.48-acre (ac) (20,935 square feet (SF)) area to a depth of -4.64 feet mean low water (MLW) plus an additional 0.5-feet overdredge allowance. The channel will be dredged through 0.18+/- ac of maintained upland berm, 0.08-ac of tidal waters associated with the existing floodplain compensation lake, and 0.21-ac of tidal waters of the Manatee River. The proposed dredging project will impact 0.06-ac of narrow mangrove fringe. Finally, approximately 110 linear feet (LF) of riprap revetment will be installed (70 LF on the west bank and 40 LF on the east bank) along the edges of the new channel for shoreline stabilization. There will be no additional boat slips or docks proposed as part of this project.

The applicant has stated that the dredging methodology will be determined once a contractor has been selected. If hydraulic dredging is proposed, a barge-mounted dredge would be used, and the material will be pumped into a temporary containment area. Once the material has been sufficiently dewatered, it will be transported and disposed of at an approved landfill. If mechanical dredging is proposed, material will be removed using a land mounted, and/or barge mounted, backhoe. Material will then be transferred into lined dump trucks and transported to an approved landfill. If a barge mounted operation is utilized, a minimum of 1 foot of clearance will be maintained between the deepest draft of the fully loaded barge and the top of the submerged bottom at mean low water. Dredged material (if hydraulically removed) will be temporarily disposed of in a contained upland area located onsite as per sheet C-6 Decant Area Plan of the attached plans. The temporary containment area will be surrounded by an external berm and include two decant areas separated by an internal berm. The two decant areas will be connected by a 6-inch PVC pipe filled with washed shell, which will be installed within the internal berm. Water will flow from the primary decant area to the secondary decant area, then to the stormwater treatment swale, and ultimately discharge back into the Manatee River once turbidity standards are met, pursuant to Chapter 62-302, Florida Administrative Code (F.A.C.).

A turbidity curtain will be maintained at all times during construction and will not be removed until applicable water quality standards are met. The turbidity barriers will be made of material in which manatees cannot become entangled and will be regularly monitored. Water quality monitoring will occur during construction, as per the attached Turbidity Monitoring Plan, previously approved by the Southwest Florida Water Management District (SWFWMD) 43021118.008.

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 location of the channel cut will be constructed through the narrowest portion of the berm to reduce impacts to wetlands. The channel is expected to improve water quality within the floodplain compensation area and reduce boat congestion within the main Manatee River channel. The values of opening a second channel cannot be obtained through avoidance as it does not meet the project needs. The project area was selected because it minimized the impact by providing the shortest channel length from the floodplain compensation lakes to the main river channel. The main river channel swings closest to the site at its western end and the existing native vegetation is very sparse along this stretch of shoreline. There are also no benthic aquatic habitats such as seagrass or oyster beds in this area. The channel width was selected to allow for two vessels to safely pass side by side without leaving the channel and the depth was designed to match the bottom of the lake and to prevent prop dredging the bottom during low tide. The side slopes of the channel are shallow to reduce the potential for erosion and shoaling from natural river flows and boat use.

The applicant further provided the following benefits that the project is anticipated to provide:

  • The increased cross-sectional area will result in better flushing of the lake basins. Water would be able to enter and exit at two locations instead of one, the volume of water exchanged should be greater, and the mixing of the water will be more evenly distributed within the basins. The removal of the weir will also allow a near complete flushing from an upstream to downstream direction during periods of high river flow. The flushing model verified the improved exchange of water.
  • Construction of a channel will also serve to convey flood waters more efficiently. The larger area will allow much more water to flow through and would reduce flood elevations in the area. The decrease in flood elevation by 0.1 foot has been verified by modeling.
  • Reduced flood velocities and erosion. The larger cross-section of flow area allows both a larger volume to flow as well as spreading out those flows so that the velocity is reduced in all areas. These high velocity events can lead to shoreline erosion.
  • A channel would provide another point of access to allow manatees to enter this deeper, idle speed zone and provide further protection. Manatees would also benefit by the reduced boat miles on the river since approximately half of the residents would likely use this channel to enter the river and head downstream, thus reducing the number of trips between the northern channel and the access point of the second channel.
  • Water quality both within the basin and river would be expected to improve. The improved flushing noted above will ensure that pollutants will not build up within the basin. The reduced boat miles also result in less fuel burned and less exhausts into the water and atmosphere.
  • A channel would also serve to disperse some boat traffic and improve safety. Since approximately half of the boats in the basin would use this channel, they would not be combined with the remaining boats exiting the northern access point and those accessing the river from the Fort Hamer boat ramp.
  • Finally, opening this channel would also reduce the potential of washing out the berm separating the lake from the river to the west by allowing the water within the basin to more rapidly equalize with rising river levels. The water would not “pond up” within the western lake because of a weir, which reduces the potential for blow-outs.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:

Compensatory mitigation is not proposed at this time by the applicant. According to the applicant, the original permits provided excess mitigation, with 1.32 acres of restored estuarine marsh, 19.38 acres of enhanced estuarine marsh, and 23.38 acres of upper buffer enhancement as compensation for 1.62 acres of estuarine impacts. These restoration areas were deemed successful by the Southwest Florida Water Management District in 2010 and they accepted this excess mitigation as compensation for this de minimis wetland impacts associated with this channel project.

Note: The Corps has not fully evaluated this mitigation claim and the need for additional compensatory mitigation has not been determined to date.

CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and the upland berm was created within the last 45 years, so there is little likelihood a historic property may be affected. Furthermore, the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.

A Cultural Resource Assessment Survey (CRAS) was conducted for the River Wilderness property in July 1999. The CRAS noted the presence of five (5) previously unrecorded cultural resources, but none were found eligible for listing in the National Register of Historic Places. The Florida State Historic Preservation Office provided no effect determination concurrence letter on October 8, 2001. However, it is not clear that previous consultation with federally recognized tribes with concerns in Florida and the Permit Area had occurred. However, due to the scope of the project, the Corps has determined the project would have “No Potential to Cause Effect” and no further consultation will be required with those federally recognized tribes and/or the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act.

ENDANGERED SPECIES: A report of listed species, consultation areas, and/or designated critical habitat for the project area and areas within a 0.06-mile buffer radius was generated on November 21, 2018, via the Jacksonville District’s Google Earth Resource at Risk (RAR) System layer. The following listed species have the potential to be present within the project area:

Name of species present managed by the U.S. Fish and Wildlife Service (USFWS):

  • Audubon’s Crested Caracara (Caracara cheriway)
  • Eastern Indigo Snake (Drymarchon corais couperi)
  • Florida Scrub Jay (Aphelocoma coerulescens)
  • West Indian Manatee (Trichechus manatus)
  • Wood Stork (Mycteria americana)

Name of species present managed by the National Marine Fisheries Service (NMFS):

  • Smalltooth sawfish (Pristis pectintata)
  • Swimming Sea Turtles: Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eremochelys imbricate), Kemp’s Ridley sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and/or Loggerhead sea turtle (Caretta caretta).

Designated Critical Habitat: The project is located within designated critical habitat for the West Indian manatee.

Effect Determinations:

Audubon’s Crested Caracara – The project site is located within the caracara consultation area. The Audubon’s crested caracara is a raptor that typically nests in solitary or small groups of cabbage palms within larger areas of open grasslands. The quality of the potential habitat is poor at the project location. Therefore, since the site does not support suitable habitat that would be utilized by the caracara, the Corps has determined that the project will have no effect on this species and no further consultation will be required with USFWS.

Eastern Indigo Snake – Due to the project’s location mostly within open water and along a maintained upland berm, the Corps has determined that the project will have no effect on the Eastern Indigo snake and no further consultation with USFWS is required.

Florida Scrub-Jay - The project is located with the Florida Scrub-Jay consultation area. However, the project site does not support suitable scrub habitat utilized by the Scrub-Jay, so the Corps has determined that the project will have no effect on the scrub-jay and no further consultation will with USFWS will be required.

West Indian Manatee - The project is located within designated critical habitat for the Manatee, but not within Manatee Warm Water Aggregation Areas (WWAAs) or Important Manatee Area (IMAs). Use of the 2013 Manatee Key resulted in a determination that the proposed project “May affect” the endangered West Indian manatee (A>B(8)>May Affect. The applicant noted that this portion of the river is utilized seasonally by manatees. A Manatee Protection Plan (MPP) was developed for this project during the permitting of the upland activities in 2006. Once Manatee County marked the main channel and posted manatee speed zones, the wildlife agencies had concerns related to the number of docks on the project site. Fewer docks were requested than the linear shoreline would have allowed, and a Conservation Easement was placed along the shoreline to eliminate the potential for additional docks. No additional docks or boats are proposed as a result of this project and boat miles traveled in the Manatee River should be reduced by this second opening closer to the coast. This channel will also allow the manatees to more readily access this idle speed refuge area. The MPP was approved as part of the original 2006 USACE permit approval and the US Fish and Wildlife Service Biological Opinion (dated June 14, 2004) also approved the MPP.

The Corps will request a separate consultation with the USFWS regarding the project’s potential effects on the manatee.

Wood Stork - This project is located within Wood Stork Colonies core foraging areas and potentially supports suitable foraging habitat. In accordance with the Corps and USFWS, Jacksonville Ecological Services Field Office’s Wood Stork in Central and North Peninsular Key (September 2008), the project keyed out A>B>C>NLAA (Not Likely to Adversely Affect). With this NLAA determination, the Corps is not required to conduct any further consultation with USFWS pursuant to Section 7 of the ESA.

Smalltooth sawfish and Swimming Sea Turtles - The Corps plans to evaluate the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated November 20, 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. For this project, the Corps will conduct a project specific review in accordance with the project-specific review process established in the JAXBO. If applicable, the Jacksonville District will have satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview. A separate consultation with NMFS will be conducted if deemed necessary.

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. The proposal would impact approximately 0.29-acre of non-vegetated subaqueous bottom and 0.06-acre of mangrove wetlands utilized by various life stages of EFH species such as: Postlarval, juvenile and subadult shrimp; Postlarval, juvenile and adult red drum; Postlarval, juvenile and adult gray snapper; juvenile red and gag groupers; and juvenile and adult yellowtail and lane snappers. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Manatee River. 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, i.e. MHW, has 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 or preferably by email to Katy.R.Damico@usace.army.mil 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, Katy Damico, in writing by U.S. Mail at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302; by electronic mail at Katy.R.Damico@usace.army.mil; or, by telephone at (813) 769-7076.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service (USFWS), Environmental Protection Agency (EPA), the National Marine Fisheries Services (NMFS), 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, aesthetics, 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.