SAJ-2017-02298 (SP-RGH)

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:
Kris Cox
Cox Chevrolet
2900 Cortez Road West
Bradenton, Florida 34207
kriscox@coxauto.com

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Gates Creek. The project site is located at 1431 SR 64 East, in Section 29, Township 34 South, Range 19 East, Bradenton, Manatee County, Florida.

Directions to the site are as follows: From Tampa head south on I-75, take exit 220A onto SR 64 East and go east for 2.75 miles to 117th Street East, the project parcel is located on the northwest corner at the intersection of SR 64 East and 117th Street E.

APPROXIMATE CENTRAL COORDINATES:
Latitude 27.486335°
Longitude -82.427352°

PROJECT PURPOSE:
Basic: Commercial development
Overall: Commercial development, associated infrastructure, and stormwater management system.

EXISTING CONDITIONS: The wetland system consists of a 1.40-acre mixed hardwood wetland, 0.72-acre freshwater stream, and 0.57 acres of other surface waters. The onsite vegetation consists of Peruvian primrose willow (Ludwigia peruviana), climbing ox-eye (Sphagneticola trilobata), wild taro (Colocasia esculenta), and small-leaf spiderwort (Tradescantia fluminensis), Brazilian pepper (Schinus terebinthifolia). The existing area surrounding the project area consists of invasive, exotic weedy species including dense, overgrown guineagrass (Panicum maximum) with occurrences of smutgrass (Sporobolus indicus), climbing ox-eye (Sphagneticola trilobata), and caesarweed (Urena lobata); clumps of cultivated palms with a sub-canopy of Brazilian pepper (Schinus terebinthifolia) are located throughout these areas within the parcel.

PROPOSED WORK: The applicant seeks authorization to develop a ±18.22-acre acre parcel as a car dealership with supporting infrastructure and storm water management system. The applicant proposes to fill a 1.40-acre mixed hardwood wetland, 0.57 acres of other surface waters, and relocate 0.72-acres of freshwater stream to construct the commercial development. The applicant proposes to fill the 0.72-acre portion of an existing headwater tributary to Gates Creek and re-direct the tributary around the perimeter of the applicant’s site plan.

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:

Avoidance
The proposed project has limited impacts to a single historic stream system that has been historically channelized and excavated and to other upland excavated surface water ditches. When considering local, state and federal wetland protection regulations, the project has eliminated impacts to the onsite wetland. However, in order to avoid the onsite wetland and meet the minimum dealership requirements, the project will result in the permanent loss of 0.72-acres of impacts of Waters of the U.S. (WOUS). Other designs considered that would have eliminated the impacts to the WOUS would prevent the site from being developed in accordance with national dealership design guidelines.

Minimization
The project has been designed to limit permanent impacts USACE jurisdictional features by relocating the stream system to the outer edge of the parcel limits. The wetland functions of the proposed impact area currently low and have been historically impacted by past agricultural activities, including a channelization and culverting. The proposed plan preserves existing isolated wetland that will continue to provide quality
habitat to wetland dependent and aquatic species.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

Development of the project will result in the permanent loss of 0.72-acres of WOUS (channelized historic stream system). The functional loss associated with the impact is 0.264. The project has been designed to preserve the existing isolated wetlands and associated buffer that will continue to provide quality habitat to wetland dependent and aquatic species. The applicant is proposing to relocate the existing stream within the site and create onsite wetlands adjacent to the relocated stream system. The proposed mitigation will result in a total functional gain of 0.349 units.
The individual components of the proposed compensatory mitigation plan are
discussed in detail below:

Stream Relocation
The applicant proposed to construct a replacement stream, approximately 0.55-acres in size, along the western property boundary in order to continue and improve the historic flow. The stream will be constructed utilizing more gradual side slopes than the existing stream and will be designed in accordance with State and Local standards regarding flow. Following the construction of the relocated stream, the banks will be planted with native desirable vegetation along the side slopes and along the top of bank.

Wetland Creation
In addition to the stream relocation proposed for mitigation the applicant is proposing to construct 0.49-acres of herbaceous wetlands adjacent to the relocated stream. The area proposed for creation currently consists of agricultural lands. The created wetland system will be designed in a manner so that it does not adversely affect the flows associated with the relocated stream and is consistent with the stormwater and drainage design for the project.

Site Selection
The decision to utilize on site mitigation was made in part due to the project’s location which is not located within the service area for any USACE permitted mitigation bank. Onsite mitigation is being utilized due to the need to continue the conveyance of the existing stream system.

Easements or Encumbrances
There are currently no easements or other encumbrances on the property that would limit or affect the mitigation as proposed. The proposed wetland creation area will be placed in a Conservation Easement with enforcement rights will be given to the USACE.

Baseline Information
The Environmental Narrative and UMAM scoresheets document the baseline conditions of all proposed impact and mitigation areas.

Mitigation Work Plan
As compensatory mitigation for the proposed impacts to jurisdictional wetlands the applicant proposes to provide approximately 2.86-acres of wetland enhancement and 2.25-acres of wetland creation within the proposed development site.

Stream Relocation – 0.55-acres
During the earthwork phase of construction, the relocated stream system will be excavated in accordance with State and Local regulations for the conveyance of water and in general conformance with the details below:

Following construction and stabilization of the relocated stream the side slopes and top of bank will be planted with the anticipated planting material listed below:

* Trees to be planted along top of bank

C-1 Wetland Creation – 0.49-acres
During the earthwork phase of construction, the wetland creation area will be excavated from existing grade to a depth of 1 foot below the Ordinary High-Water Line of the relocated stream. Anticipated vegetative plantings are outlined below:

i. Determination of Credits
The credits for wetland mitigation was assessed and determined in the field by Ardurra. The total functional loss of 0.264 units are associated with the 0.72-acres of impacts. This was based on the conditions, vegetation, location and hydrology. Please see the attached UMAM Sheets for each proposed wetland impact and the proposed wetland mitigation areas.

ii. Maintenance Plan
The applicant is proposing exotic removal and replanting with native species. Nuisance exotic removal from the proposed enhancement areas will involve treatments during the dryer season (Oct.-June) using appropriate herbicides from a state licensed applicator. Two months after the initial event is completed, a maintenance event will be conducted to manually remove woody vegetation and apply herbicides to any green stumps and spot treatment applications where needed. Quarterly maintenance events will then occur annually for the next three years or until the exotics are below 5%. Nuisance species such as primrose willow, cattails and any other nuisance and exotic species will be targeted as well. Maintenance of the wetland creation area will take place quarterly after the mitigation area has been constructed and planted. Maintenance activities will include removal of nuisance exotic vegetation by hand removal and/or herbicide application under supervision of a licensed pest control applicator. Supplemental plantings may be required should areas be void of either recruited or planted desirable wetland vegetation.

iii. Site Protection Instrument
The proposed wetland enhancement areas and wetland creation area will be placed in a Conservation Easement as required by Manatee County. Third-Party enforcement rights will be given to the USACE.

iv. Performance Standards
The following criteria will be met in order to deem the mitigation successful and for the areas to be considered for release of monitoring and maintenance requirements:

Wetland Creation Area C-1
Wetlands constructed for mitigation purposes will be considered successful and will be released from monitoring and reporting requirements when the following criteria are met continuously for a period of at least one year without intervention in the form of irrigation or the addition or removal of vegetation.

a. The mitigation area can reasonably be expected to develop into a freshwater marsh (FLUCCS 641) as determined by the Florida Land Use and Cover and Forms Classification System (third edition; January 1999).
b. Topography, water depth and water level fluctuation in the mitigation area are characteristic of the wetlands/surface water type specified in criterion "a."
c. Planted or recruited desirable herbaceous or shrub species (or plant species providing the same function) shall meet 80% coverage.
d. Planted or recruited tree species that are greater than or equal to 12 feet in height and established for more than 5 years shall meet the criteria specified.
e. Species composition of recruiting wetland vegetation is indicative of the wetland type specified in criterion "a."
f. Coverage by nuisance or exotic species does not exceed 5% at any area within the mitigation site and 5% for the entire mitigation site.

The mitigation area may be released from monitoring and reporting requirements and be deemed successful at any time during the monitoring period if the Permittee demonstrates that the conditions in the mitigation area have adequately replaced the wetland and surface water functions affected by the regulated activity and that the site conditions are sustainable.

v. Relocated Stream
Wetlands enhanced for mitigation purposes will be considered successful and will be released from monitoring and reporting requirements when the following criteria are met continuously for a period of at least one year without intervention in the form of irrigation or the addition or removal of vegetation.

a. The mitigation area can reasonably be expected to develop into a typical tributary type system (FLUCCS 510) as determined by the Florida Land Use and Cover and Forms Classification System (third edition; January 1999).
b. Topography, water depth and water level fluctuation in the mitigation area are characteristic of the wetlands/surface water type specified in criterion "a."
c. Planted or recruited herbaceous or shrub species (or plant species providing the same function) within the planting zone shall meet 80% coverage.
d. Species composition of recruiting wetland vegetation is indicative of the wetland type specified in criterion "a."
e. Coverage by nuisance or exotic species does not exceed 5% at any area within the mitigation site and 5% for the entire mitigation site.

The mitigation area may be released from monitoring and reporting requirements and be deemed successful at any time during the monitoring period if the Permittee demonstrates that the conditions in the mitigation area have adequately replaced the wetland and surface water functions affected by the regulated activity and that the site conditions are sustainable.

vi. Monitoring
A “Time-Zero” monitoring report will be submitted within 30 days of completion of the onsite mitigation and shall include the following information:

• Date the mitigation activities were completed.
• Color photographs to provide an accurate representation of the enhancement areas. The photos shall be taken from fixed reference points and directions shown on the plan view map.

Subsequent Mitigation Monitoring Reports for the onsite mitigation (will be submitted until success criteria listed below are met; Semi-annually the first year, and annually for the remaining years. Monitoring events shall occur between March 1 and November 30 of each year. An Annual Wetland Monitoring Report shall be submitted upon the anniversary date of the Time Zero report.

Annual reports shall provide documentation that a sufficient number of maintenance inspection/activities were conducted to maintain the mitigation areas in compliance according to the Wetland Mitigation Success Criteria Conditions above. Monitoring Data shall be collected semi-annually. The Monitoring reports will include the following for the mitigation area:

• Monitoring Report Narrative that provides an overview of site conditions and functions.

• Color photographic prints taken from the reference points established in the Time Zero Monitoring Report.

• Total contribution to vegetative percent cover.

• Maintenance activity recommendations necessary to bring the mitigation area into compliance with the approved success criteria.

vii. Long-term Management Plan

Ownership
The applicant will maintain full ownership of the subject parcel after development.

Monitoring and Maintenance
Once the wetland mitigation areas have met the required performance standards and are released from regulatory monitoring and maintenance, annual inspections of wetland mitigation areas will be conducted to evaluate their condition for a period of 5 years. A brief annual report with a descriptions of wetland mitigation area, any necessary maintenance activities, estimates of percent coverage by nuisance species, and color site photographs will be provided to the owner. Should nuisance exotic species be identified maintenance shall include removal nuisance exotic vegetation from wetland mitigation areas and upland restoration areas via both mechanical and manual methods. All cut stumps will be treated with a systemic herbicide to prevent regrowth. Future upland preserve management will be primarily accomplished utilizing manual methods, but may also include roller chopping, mulching, and mowing. These management methods may be necessary to restore habitat functions and reduce the potential for catastrophic wildfire. The need for management will be determined during the annual inspections.

viii. Adaptive Management Plan
The applicant will have ownership of the land and will be the responsible entity to ensure that the mitigation will reach success criteria. Monitoring reports, success criteria maintenance events must all be completed. A bond to cover the expense of the mitigation is also required in the event that impacts occur and the developer were to leave the site. This would ensure the work is completed. In the event that unforeseen misfortunes should occur, the responsibility entity, the applicant, shall reach out to all regulatory agencies and proper options on how to remedy the situation. Should all efforts to remedy significant deficiencies fail, credits could be withdrawn from an approved mitigation bank with a service area that encompasses the project. The long-term management plan should ensure that the adaptive management plan will never need to be activated.

xi. Financial Assurances
Financial surety for the estimated cost of wetland mitigation in the amount of $41,261.00 is required to be provided to the USACE prior to commencement of any proposed wetland impacts.

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:  The Corps has determined the proposed project “May affect, but is not likely to adversely affect (NLAA)” 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 > D > E> NLAA pursuant to the Key.

Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Key (EIS Key) dated 25 January 2010 and updated 13 August 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C >NLAA pursuant to the EIS Key. This determination is based on the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake.

Through the Programmatic Concurrence of above referenced 2 keys, “NLAA” determinations for projects made pursuant to these keys require no further consultation with the U.S. Fish and Wildlife 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 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 813-603-1152.

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.