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: Charlotte County BCC
c/o Travis Perdue
18500 Murdock Circle
Port Charlotte, FL 33948
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Ainger Creek and Lemon Bay. The project site is located at Ainger Creek Park at 2011 Placida Road, Englewood, Florida, in Section 8, Township 41 South, Range 20 East, Charlotte County, Florida.
Directions to the site are as follows: From I-75, take exit 170 for Kings Highway toward County Road 769/Arcadia/Port Charlotte. Travel west on Kings Highway for 0.4 miles and turn right onto Veterans Blvd. Continue on FL-776 for 22 miles. Turn left onto Placida Road and travel 0.7 miles to Ainger Creek Park. Facility will be on your left.
APPROXIMATE CENTRAL COORDINATES: Latitude 26.92968°
Longitude -82.336004°
PROJECT PURPOSE:
Basic: The basic project purpose is public recreational development.
Overall: The overall project purpose is to construct improvements and address inefficiencies at an existing county park (Ainger Creek Park) to improve recreational access, public safety, and parking.
EXISTING CONDITIONS
Existing 2-acre county park facility consisting of one single-lane boat ramp with scour protection, five finger piers (approximately 335 square feet), one observation platform (approximately 155 square feet), approximately 520 feet of seawall, and parking for 36 vehicles with trailers. The Ainger Creek Park shoreline is mostly armored with a seawall. There is a section of shoreline that is vegetated with mangroves and emergent vegetation. The park is accessed via a man-made channel that was likely excavated prior to 1950 during the initial dredge/fill activity when Placida Road was constructed, subsequently creating the uplands where the park is located. The substrate within the access channel consists of fine sand with a mix of silt/clay. There is one oyster bar on the shoreline opposite the existing boat ramp.
Ainger Creek is part of Lemon Bay Aquatic Preserve/Lemon Bay Estuarine System, listed as an Outstanding Florida Water. Patchy, discontinuous seagrass beds are located in the vicinity of the project area (but not within), with a small amount of mangrove swamp along the shoreline of the project area.
PROPOSED WORK:
The applicant seeks authorization to repair and replace the existing 575 linear foot seawall, repair and replace the existing boat ramp to service vessels up to 26 feet, remove the existing 385 square foot docking structure, install a new 1,120 square foot docking structure with 5 temporary wet slips, and maintenance dredge a previously dredged area (removing approximately 2,400 cubic yards) not to exceed a depth of -5.0 feet Mean Low Water. Approximately 0.04 acres of mangroves would be impacted.
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 proposed Project is designed to avoid and minimize impacts to wetlands, surface waters and other natural resources. The mangrove impacts proposed are unavoidable and necessary to meet the Project goals and objectives. Impacts to mangroves (0.04 acres) will be offset by the purchase of mitigation credits from the Little Pine Island Mitigation Bank.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The proposed Project results in 0.04 acres of direct impacts to mangroves. Impacts result from the relocation of the boat ramp and construction of a new seawall. The mangroves which will be impacted are sparse in nature. Direct impacts will be offset by the purchase of mitigation credits at the Little Pine Island Mitigation Bank (LPIMB). LPIMB requires purchasers to use their functional assessment to determine the credits required to offset a project’s impacts. Applying the LPIMB functional assessment, 0.03 forested saltwater credits will be required. The mitigation credits purchased will preserve quality, natural habitat for generations to come. The functions performed by the habitat preserved through mitigation credit purchase meet and exceed the functions performed by habitat within the impact area.”
CULTURAL RESOURCES:
The Corps 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 performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Southeast Regional Office Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, or proposed or final designated critical habitat may occur within the boundary of the proposed project. Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action.
This notice serves as a request to U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
The Corps will request U.S. Fish and Wildlife concurrence with the following determinations pursuant to Section 7 of the Endangered Species Act:
Aboriginal Prickly-apple (Harrisia aboriginum): The Corps has made the determination of no effect for the species due to lack of suitable habitat in the project area (Shell mounds, coastal strands, upland fringes of mangrove swamps, coastal berms and maritime hammocks.)
American crocodile (Crocodylus acutus); Due to the lack of suitable nesting habitat, and the unlikely occurrence of the species within the project area during construction, the Corps has determined that the proposed activity will have no effect on the American crocodile, and no further consultation is necessary.
Beautiful pawpaw (Deeringothamnus pulchellus): The Corps has made the determination of no effect for the species due to lack of suitable habitat in the project area (grassy flatwoods, road edges, xeric, mesic, and hydric flatwoods and pinelands in poorly drained soils).
Crested caracara (Caracara plancus audubonii): The project is located within the species consultation area. The project does not include the species nesting or foraging habitat which consists of large expanses of pastures, grasslands, or prairies dotted with numerous shallow ponds and sloughs and single or small clumps of live oaks, cabbage palms, and cypress, therefore the Corps has determined that the project will have no effect on the species.
Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis): The project is located within the species consultation area. Black rails require dense vegetative cover that allows movement underneath the canopy. Along portions of the Gulf Coast, eastern black rails can be found in higher elevation wetland zones with some shrubby vegetation. Impounded and un-impounded intermediate marshes provide habitat for the subspecies. Inland coastal prairies and associated wetlands may also provide habitat for the bird. The project is not located in any of these types of habitats; therefore, the Corps has determined that the project will have no effect on the species.
Eastern Indigo Snake (Drymarchon couperi): Based on the Eastern Indigo Snake Effect Determination Key (dated August 1, 2017), the Corps determination sequence resulted in A > B > C > D > E > G “NLAA”. The Corps determined the proposed project is “Not Likely to Adversely Affect” the eastern indigo snake and permit conditions will include indigo snake protection measures.
Wood Stork (Mycteria americana): The May 18, 2010, effect determination key for the wood stork in south Florida states that suitable foraging habitat includes a variety of emergent wetlands and shallow open-water areas, including narrow tidal creeks and shallow tidal pools in estuarine areas. The project location is not located within 2,500 feet of an active wood stork nesting colony. Based on the consultation key, the Corps determined that the project will not affect suitable foraging habitat for the wood stork, and using the key, determined that the proposed project will have no effect (A). No further consultation is necessary.
Everglades Snail Kite (Rostrhamus sociabilis plumbeus): The project is located within the species consultation area. The species regularly occur in lake shallows along the shores and islands of many major lakes, including Lakes Okeechobee, Kissimmee, Tohopekaliga (Toho) and East Toho. They also regularly occur in the expansive marshes of southern Florida such as Water Conservation Areas 1, 2, and 3, Everglades National Park, the upper St. John’s River marshes, and Grassy Waters Preserve. Kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. The project is not located in any of these types of habitats; therefore, the Corps has determined that the project will have no effect on the species.
Florida scrub-jay (Aphelocoma coerulescens): The project site does not contain Florida scrub jay habitat (e.g., scrub oaks). No Florida scrub jays were observed within the project site during the protected species survey. The project is located within the U.S. Fish and Wildlife Service’s consultation area for the Florida scrub jay; however, there are no documented occurrences of scrub jays on the project site. Therefore, the project will have no effect on the Florida scrub jay.
Florida Bonneted Bat (Eumops floridanus): The mangroves in the impact area are not “large” (33’ tall, 8” diameter at breast height) trees with cavity elevations higher than 16’ and various features such as hollows or loose bark. There are no artificial structures in the impact area. The areas above the mangroves and the tidal basin could provide some foraging habitat, other than being a source of drinking water. Using the October 22, 2019, consultation key for the bonneted bat, the Corps determined that the proposed project would have no effect (1a>2b>13b) on the bonneted bat. No further consultation is necessary.
Florida Panther (Puma concolor coryi): The Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, South Florida Ecological Services Field Office and State of Florida Panther Effect Determination Key, February 19, 2007 (Panther Key). Use of the Panther Key resulted in the following sequential determination: A-B-No effect since the project would have no increase and/or change in vehicle traffic patterns or other identifiable effects to panthers or their habitat. The project is located in a residential developed area, and parking efficiency would be improved but vehicular traffic would not increase. No further consultation is necessary.
Miami Blue Butterfly (Cyclargus thomasi bethunebakeri): The project is in the consultation area for the Miami Blue Butterfly. The Miami blue butterfly inhabits tropical hardwood hammocks, tropical pine rocklands, and beachside scrub where it uses balloon vine and yellow nickerbean plants as its main larval hosts. The project is not located in any of these types of habitats, therefore the Corps has determined that the project will have no effect on the species.
Piping Plover (Charadrius melodus): The project is in the consultation area for the Piping Plover. Atlantic Coast plovers nest on coastal beaches, sand flats at the ends of sand spits and barrier islands, gently sloped fore dunes, sparsely vegetated dunes, and wash over areas cut into or between dunes. Breeding and wintering plovers feed on exposed wet sand in wash zones; intertidal ocean beach; wrack lines; wash over passes; mud-, sand-, and algal flats; and shorelines of streams, ephemeral ponds, lagoons, and salt marshes by probing for invertebrates at or just below the surface. They use beaches adjacent to foraging areas for roosting and preening. Small sand dunes, debris, and sparse vegetation within adjacent beaches provides shelter from wind and extreme temperatures. The project is not located in any of these types of habitats, therefore the Corps has determined that the project will have no effect on the species.
Rufa red knot (Calidris canutus rufa): The project is in the consultation area for the Rufa red knot. Red knots utilize coastal marine and estuarine habitats with large areas of exposed intertidal sediments. Migration and wintering habitats include both high-energy ocean- or bay-front areas, as well as tidal flats in more sheltered bays and lagoons. Preferred wintering and migration habitats are muddy or sandy coastal areas, specifically, bays and estuaries, tidal flats, and unimproved tidal inlets. The project is not located in any of these types of habitats, therefore the Corps has determined that the project will have no effect on the species.
West Indian Manatee (Trichechus manatus): Manatees could potentially access the project area in its current condition and will continue to be able to access the area in the proposed condition. The April 2013 consultation key for the manatee states: If project is for a new or expanding multi-slip facility and is located in a county with a State-approved MPP in place or in Bay, Dixie, Escambia, Franklin, Gilchrist, Gulf, Hernando, Jefferson, Lafayette, Monroe (south of Craig Key), Nassau, Okaloosa, Okeechobee, Putnam, St. Johns, Santa Rosa, Suwannee, Taylor, Wakulla or Walton County, the determination of “May affect, not likely to adversely affect” is appropriate and no further consultation with the Service is necessary. Manatee Key: [A > B > C > G > H > I > J > K > N > O > P]. Charlotte County's MPP was approved by FWC in 2017 after the Manatee Determination Key was published in 2013.
Gulf sturgeon and sea turtles: The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 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. Based on past permitting practices of the Corps and review of consultations with similar in-water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and do not result in adverse effects to listed species or to essential features of designated CH. For this application, the Corps conducted a project specific review to ensure that all of the PDCs were met.
The Corps has determined that the dredging, dock, seawall, piers and boat ramp re-construction may affect but is not likely to adversely affect swimming sea turtles and gulf sturgeon. In accordance with the project-specific review process established in the JAXBO, the Corps will e-mail PDC checklists, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil. After sending that e-mail, 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.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation on EFH as
required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996.
The proposal would impact 0.04 acre of mangroves. Our initial determination is that the
proposed action would not have a substantial adverse impact on EFH or Federally
managed fisheries within Ainger Creek or Lemon Bay. 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, 332 Minnesota Street, Suite E1500, St. Paul, MN, 55101 within 30 days from the date of this notice and reference this public notice number and project manager.
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, Caree Kovacevich at 651-290-5329 or Caree.C.Kovacevich@usace.army.mil.
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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification was issued from the Florida Department of Environmental Protection on December 15, 2023 (Permit No. 0304854-004 EI.)
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.