SAJ-2016-02954 (SP-RLT)

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:  Florida Department of Transportation (FDOT) – District 7
                       Attn: Ms. Virginia Creighton
                       11201 N. McKinley Drive
                       Tampa, Florida 33612

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Old Tampa Bay. The project is located within Sections 12-14 and 23, Township 30 South, Range 16 East; Section 6 and 7, Township 30 South, Range 17 East in Pinellas County, Florida.

Directions to the site from Jacksonville are as follows: Exit I-95 onto I-4. Head west on I-4 for approximately 36 miles to SR 434. The project begins approximately one mile east of SR 434 near the existing rest area.

APPROXIMATE CENTRAL COORDINATES:  Latitude 27.873662
                                                                          Longitude -82.655522

PROJECT PURPOSE:

Basic: Linear transportation improvements.

Overall: The overall project purpose is to construct roadway improvements within the I-275 corridor to reduce congestion, improve traffic operations, and improve public safety in eastern Pinellas County.

EXISTING CONDITIONS: This existing segment of I-275 corridor goes from six lanes to eight lanes along the project corridor traveling north. The project corridor runs south to north passing through residential neighborhoods on the east and bordering the Sawgrass Lake Park on the west side. Land uses traveling north continues to be residential, transportation, utilities and then through an area of marshland and surface waters and ending at the beginning of the Howard Frankland Bridge Causeway before crossing the Old Tampa Bay.

There are several surface waters, many of which are ditches utilized for stormwater management, located within the project area. Several wetlands have been identified within and/or adjacent to the project area. There are approximately 0.94 acre of wetland impacts and 2.41 acres of surface water impacts proposed for this project. There is an additional 0.08 acres of wetland impacts (W23) shown in the plans; however, this small impact area was previously approved and mitigated under SAJ-2016-02954 (NW-TLO) for the extension of the existing double box culvert. This impact is not being included as part of this project but has been identified as previously permitted in the plans. The surface waters identified within the project area will be replaced in-kind since the ditches are being regraded and new ditches provided as part of the final construction; therefore, no mitigation is proposed for the surface water impacts shown within the project area.

PROPOSED WORK: The applicant seeks authorization to dredge and/or fill 0.94 acre of waters of the United States (wetlands) for the construction of one tolled (dynamic) express lanes in each direction along I-275 from south of SR 694 (Gandy Boulevard) to north of SR 687 (4th Street North). This project also included the connection of the Gateway Expressway project along 118th Avenue to I-275. All work is proposed to be constructed within the existing right of way, including stormwater management facilities. In addition, the project would incur approximately 2.41 acres of temporary wetland impacts (surface water ditches) that will be replaced in-kind since the ditches are being re-graded and new ditches provided as part of the final construction (FPN 424501-2-52-01).

The 0.94 acre of wetland impacts are broken out by wetland in the table below. Wetlands 22, 23, and 27 are mangrove wetlands. Wetland 23 is part of the wetland system mentioned above that was previously covered as part of SAJ-2016-02954. Seagrasses have been identified adjacent to the Big Island Gap bridge, located to the north of Ulmerton Road and south of the 4th Street North overpass. No impacts to seagrasses are proposed as part of this project.
 

* Uniform Mitigation Assessment Method (UMAM) Credits

AVOIDANCE AND MINIMIZATION INFORMATION – This project has been designed to avoid and minimize wetlands to the greatest extent practicable. All work is proposed to be constructed within the existing right of way, including stormwater management facilities. The project widening is being constructed to the median to the extent practicable. Barrier walls are being added to the median in some areas in order to widen to the inside as opposed to adding additional pavement to the outside, which could result in additional wetland and surface water impacts. The southern portion of the project has larger grassed medians where the majority of the widening will occur within the median in order to reduce impacts to wetlands and surface waters.

COMPENSATORY MITIGATION – The applicant proposed the purchase of 0.53 freshwater herbaceous and forested Uniform Mitigation Assessment Method (UMAM) credits from a federally approved mitigation bank. The only federally approved mitigation bank that services the project corridor is the Tampa Bay Mitigation Bank. The functional assessment method used for Estuarine credits at his mitigation bank is Estuarine-Wetland Rapid Assessment Procedure (E-WRAP) credits. The applicant will need to provide the Corps with the E-WRAP functional loss assessment credit calculations for this project in order to complete the application review.

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: West Indian Manatee (Trichechus manatus), Piping plover (Charadrius melodus), wood stork (Mycteria americana), Gulf sturgeon (Acipenser oxyrinchus desotoi), Smalltooth sawfish (Pristis pectinate), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricate), Kemp’s ridley sea turtle (Lepidochelys kempii), Loggerhead sea turtle (Caretta caretta) and potential habitat for the eastern indigo snake (Drymarchon corais couperi).

The Corps has determined the proposed project is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Eastern Indigo snake (Drymarchon corais couper), wood stork (Mycteria americana), Gulf sturgeon (Acipenser oxyrinchus desotoi), Smalltooth sawfish (Pristis pectinate), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricate), Kemp’s ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta).

Manatee: Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 resulted in the following sequential determination: A > B > C > G > N > O > P > “May affect, not likely to adversely affect.” This determination is based on the applicant following the standard manatee construction precautions for the proposed activity. By letter dated 25 April 2013, the FWS stated that for proposed in-water activities analyzed with the April 2013 version of this key in which the Corps reaches a “may affect, not likely to adversely affect” determination with respect to the manatee and/or its designated critical habitat, 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.

Eastern Indigo snake: The potential impacts to the endangered Eastern Indigo snake were evaluated using The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C > D > E “not likely to adversely affect” the Eastern Indigo snake. This due to the existence of less than 25 potentially occupied and abandoned gopher tortoise burrows observed within the project area. Also the applicant proposes to follow the FWS approved Standard Protection Measures for the Eastern Indigo Snake during the clearing and construction phases of the project.

Wood Stork: This species typically inhabits freshwater and brackish wetlands, primarily nesting in cypress and mangrove swamps. They can be found foraging in shallow water in freshwater marshes, wet prairies, narrow tidal creeks, and flooded tidal pools, as well as roadside ditches and pasturelands. The proposed project is within the buffer of two wood stork nesting colonies. Also the proposed project would impact 1.12 acres of herbaceous wetlands and 2.41 acres of other surface waters which exhibit the parameters of suitable foraging habitat for the wood stork. Based upon review of the Wood Stork Key for South Florida, dated May 18, 2010, the proposed project resulted in the following sequential determination: A > B > C > D > E = “not likely to adversely affect” the wood stork. This is due to the applicant proposing to provide mitigation at an approved mitigation bank which is within the appropriate CFA and of matching hydroperiod of the proposed impacts, and the project is not contrary to the Habitat Management Guidelines for the Wood Stork in the Southeast Region. The 2.41 acres of surface waters are drainage ditches that will be re-constructed. Given the above information, the Corps has determined that the proposed project may affect, but is not likely to adversely affect the wood stork.

The Gulf sturgeon is known to forage in the Gulf of Mexico. Non-breeding populations have been found in Tampa Bay. Critical habitat for the Gulf sturgeon is not designated within or adjacent to the project corridor. Impacts to spawning habitat would be unlikely during project construction. In project areas where the Gulf sturgeon might occur, the FDOT has committed to incorporating the NMFS and USFWS special construction provisions into construction contract documents in order to avoid impacts to the Gulf sturgeon. Given the unlikelihood of the species within the project area and the FDOT’s commitment to adhere to the construction provisions, it is anticipated that the project may affect, but is not likely to adversely affect the Gulf sturgeon. The Corps will request USFWS concurrence with this determination pursuant to Section 7 of the ESA.

The smalltooth sawfish is found in a variety of shallow coastal and brackish waters including seagrass beds, oyster bars, mangrove shorelines, inshore bars and walled canals. The project is not in designated critical habitat for the smalltooth sawfish. However, FDOT is committed to implement the NMFS Sea Turtle and Smalltooth Sawfish Construction Conditions during construction. Given the unlikelihood of the species within the project area and the FDOT’s commitment to adhere to the construction provisions, it is anticipated that the project may affect, but is not likely to adversely affect the small-toothed sawfish. The Corps will request NMFS concurrence with this determination pursuant to Section 7 of the ESA.

Sea turtles have been observed in and around portions of Tampa Bay, as well as using beaches, canals and estuaries. Juvenile sea turtles are known to frequent bay inlet waters. The wetlands along the I-275 Causeways are tidally-dynamic and do not provide suitable refuge for nesting sea turtles. However, sea turtles, in particular juvenile sea turtles, may be present in the waters within and abutting the project corridor. The FDOT is committed to implement the protocol outlined in the Sea Turtle and Smalltooth Sawfish Construction Conditions during construction. Given the FDOT’s commitment to adhere to the construction provisions, it is anticipated that the project may affect, but is not likely to adversely affect sea turtles. The Corps will request NMFS concurrence with this determination pursuant to Section 7 of the ESA.

The Corps has determined the proposed project will have no effect on the Piping plover (Charadrius melodus) and nesting sea turtles.

Piping plover: The proposed project area lies within the USFWS consultation area of the piping plover but not within USFWS designated critical habitat for this species. Piping plovers are found on open sandy beaches and on tidal mudflats and sand flats. The proposed project area does not contain suitable piping plover habitat. Therefore, it is anticipated that the proposed project would have “no effect” on this species.

Nesting sea turtles: There is no habitat for nesting sea turtles within the project area.

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 Corps has determined the proposed project may affect, but is not likely to adversely affect the 0.94 acres of mangrove wetlands within Wetlands 22, 23, and 27. The applicant is proposing to mitigate the 0.53 UMAM functional loss with the purchase of credits from a federally approved mitigation bank. The only federally approved mitigation bank that services the project corridor is the Tampa Bay Mitigation Bank. The functional assessment method used for Estuarine credits at his mitigation bank is Estuarine-Wetland Rapid Assessment Procedure (E-WRAP) credits. The applicant will need to provide the Corps with the E-WRAP functional loss assessment credit calculations for this project in order to complete the application review. Our final determination relative to project impacts and the proposed 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 Panama City Permits Section, Post Office Box 4970, Jacksonville, Florida 32232 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, Mr. Randy Turner, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232, by electronic mail at Randy.L.Turner@usace.army.mil, by fax at (904) 232-1904, or by telephone at (904) 232-1670.

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.