SAJ-2022-00642 (SP-MAM)

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:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Palma Sola Bay.  The project site is located at 9300 9th Avenue NW in Section 25, Township 34 South, Range 16 East, Bradenton, Manatee County, Florida.

Directions to the site are as follows:  From Tampa Florida follow I-75 South towards FL-64 West in Manatee County. Take exit 220 and merge (right) onto FL-64 West towards Bradenton. Follow FL-64 West towards 75^th St West for approximately 10.7 miles. Turn right onto 75^th St SW (heading North); In approximately 0.8 miles, 9300 9^th Ave NW will intersect the street and you will have arrived at the project site.

PROJECT PURPOSE:  Basic:  Municipal roadway and stormwater improvements.

Overall:  The overall project purpose is to provide safety and storm water enhancements to a portion of 9^th NW Avenue in northwest Manatee County.  

EXISTING CONDITIONS:  The proposed work would occur in the northern extent of Palma Sola Bay, east of Robinson Preserve. The projected roadway improvements occur along a 1.87-mile stretch of roadway within multiple vacant and developed parcels that are south and north of 9^th NW Avenue in Bradenton Florida. The wetland system along 9^th NW Avenue consists of roadside ditches and other surface waters with direct drainage to Palma Sola Bay. Stormwater improvements will occur within the adjacent right of way, with stormwater ponds being constructed south of 9^th NW Avenue within estuarine fringed parcels that are bordered by tidally influenced forested mangrove wetlands and open surface waters containing Brazilian pepper. Work will include the replacement of two stormwater culverts which will extend through mangrove swamp located along the northern edge of Palma Sola Bay.

PROPOSED WORK:  The applicant seeks authorization to impact 0.39 acre of exotic hardwood wetlands, 0.47 acre of mangrove swamp, and 0.28 acre of direct impacts to upland cut surface waters to provide storm water drainage improvements and to reconstruct the west end of the 9th Avenue NW roadway from 75^th Street NW to 99^th Street NW in Bradenton Florida. Work will include the reconstruction, resurfacing and widening of 9^th NW Avenue, the addition of a multi-use trail and sidewalk, and the installation of additional drainage features along the roadway with outfall structures being installed along the south side of 9th Avenue, leading into Palma Sola Bay.

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 existing 9^th Avenue NW corridor has numerous existing safety and drainage deficiencies. As a part of the safety improvements the roadway is being widened to develop consistent lane widths within the 1.87-mile project. Impacts to wetlands and surface waters have been minimized to only include impacts necessary to widen the west end of the 9^th Avenue NW roadway and provide Manatee County with an appropriate drainage easement to maintain drainage.

COMPENSATORY MITIGATION – The applicant has offered to purchase 0.34 credits from a federally-approved mitigation bank to offset unavoidable functional loss to the aquatic environment.  

CULTURAL RESOURCES:  The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES:  The Corps has determined the proposed project may affect but is not likely to adversely affect the wood stork. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination 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. The proposal would impact approximately 0.83 acres of mangrove swamp and exotic hardwood wetlands utilized by various life stages of intertidal marine species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Palma Sola Bay and the Gulf of Mexico. 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.

Navigation:  The proposed activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

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 by electronic mail to Mark.A.Marousky@usace.army.mil with the project number SAJ-2022-00642 in the subject line, within 30 days from the date of this notice. Comments can also be submitted in writing at 701 San Marco Blvd, Jacksonville, FL 32207.

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, Mark A. Marousky, by electronic mail at Mark.A.Marousky@usace.army.mil or by telephone at 813 597-7646, or in writing at the Jacksonville Permits Office at 701 San Marco Blvd, Jacksonville, FL 32207.

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.  

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 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.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Southwest Florida Water Management District (SWFWMD).

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.