SAJ-2024-01623 (SP-JAZ)

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) as described below:

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Anclote River. The project site is located between the existing Excalibur 1A roadway and Existing Sunlake Boulevard in Sections 29, 30, 31 and 32; Township 25 South, Range 18 East. Pasco County, Florida.

Directions to the site are as follows: From Tampa, take State Road 589 (Suncoast Parkway) north towards Brooksville. Take exit 25 (Ridge Road) to the east then turn south (right) onto Speros Parkway. The project area begins at the stub end of Speros Parkway and extends eastward to Sunlake Boulevard.

PROJECT PURPOSE:  Basic: To improve transportation efficiency.

Overall: To construct a collector roadway that would connect the “campfire” area Clinical and Medical Research Park to Sunlake Boulevard and also that meets Pasco County Roadway Design criteria.

EXISTING CONDITIONS: The approximate 31.90-acre project area consists of forested freshwater wetlands intermixed with brush and oak uplands. These habitats are part of the Sandy Branch of the Anclote River wetland system and drainage. The project area has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS). Overall, the property contains the habitats described below:

Uplands

Shrub and Brushland (320)

Nearly all of the areas mapped as Shrub and Brushland were previously classified as FLUCFCS Type 441, or “Coniferous Plantations”. Within these areas, planted slash pine (Pinus elliottii) was the dominant vegetation species, however, approximately two years ago, the pine plantation areas were clear cut. The removal of the planted pine canopy and the equipment necessary to complete that activity resulted in a significant disturbance to the landscape. Over the past two years, the saw palmetto (Serenoa repens) and shrub species such as shiny blueberry (Vaccinium myrsenites), wax myrtle (Myrica cerifera), beauty berry (Callicarpa americana), high bush blueberry (Vaccinium corymbosum), gallberry (Ilex glabra), blackberry (Rubus cuneifolius), paw paw, fetter bush (Lyonia lucida), blackroot and other low-growing herbs and grasses have become very dense. The former pine plantation areas were utilized by the resident cattle herd, and they have continued to graze the shrubby areas following the removal of the canopy.

Xeric Oak (421)

This forest type is similar to and may occupy the same soil types as the Longleaf Pine-Xeric Oak community, except that pines, if present, are not the dominant canopy species. In many cases, longleaf pine (Pinus palustris) may have been present in significant numbers prior to harvesting but were not significantly regenerated. Vegetation species that are common to this habitat type include live oak (Quercus virginiana), sand live oak (Q. geminata), bluejack oak (Q. incana), turkey oak (Q. laevis) and longleaf pine trees. The understory is typically vegetated with saw palmetto, wiregrass, saw greenbrier (Smilax bona-nox), fetter bush, and broomsedge.

Wetlands

Cypress (621)

Wetland Coniferous Forests and Cypress wetlands exist as isolated stands but are often connected to other wetlands through a network of drainage swales and sloughs. Bald cypress (Taxodium distichum) is the dominant canopy species in these wetlands, with a lesser occurrence of dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), laurel oak (Quercus laurifolia), water oak (Quercus nigra), swamp bay (Persea palustris), sweetbay (Magnolia virginiana), cabbage palm (Sabal palmetto), red maple (Acer rubrum), wax myrtle (Myrica cerifera), and greenbrier (Smilax spp.).

Understory and groundcover vegetation generally includes wax myrtle, broomsedge, pink sundew (Drosera capillaris), saw greenbrier, hat pins (Syngonanthus flavidulus), St. John’s Wort, cork wood (Stillingia aquatica), Virginia chain fern (Woodwardia virginica), swamp fern (Blechnum serrulatum), cinnamon fern (Osmunda cinnamomea), royal fern (Osmunda regalis var. spectabilis), poison ivy (Toxicodendron radicans), shiny lyonia (Lyonia lucida), buttonbush (Cephalanthus occidentalis), sedges (Cyperus sp.) and maidencane (Panicum hemitomon).

Freshwater Marshes (641)

Freshwater marshes on the Excalibur property are generally vegetated by emergent vegetation such as St. John’s Wort (Hypericum fasciculatum), pickerelweed (Pontederia cordata), broomsedge (Andropogon virginicus), soft rush (Juncus effusus), lance-leaf arrowhead (Sagittaria lancifolia), grassy arrowhead (Sagittaria graminea), coastal spikerush (Eleocharis cellulosa), pink sundew (Drosera capillaris), hat pins (Syngonanthus flavidulus), cork wood (Stillingia aquatica), Virginia chain fern (Woodwardia virginica), bog buttons (Lachnocaulon anceps), yellow-eyed grass (Xyris spp.), sawgrass (Cladium jamaicense), nutgrass (Scleria spp.), buttonbush (Cephalanthus occidentalis) and sand cordgrass (Spartina bakeri).  On this portion of the Excalibur property, freshwater marshes were previously contained within the planted pine areas and appear to have experienced periodic disturbances during maintenance and clear-cutting operations.  Most of the freshwater marshes lack the classical concentric vegetation zones that are often associated with natural marsh wetlands within central Pasco County. Few of the onsite freshwater marsh wetlands include a defining fringe of shrubs and saw palmetto as are typical of undisturbed marsh systems within the region.

PROPOSED WORK: The applicant seeks authorization to discharge approximately 7,308 cubic yards of fill material into1.37 acres of freshwater and forested wetlands for the construction of a collector road. Specifically, the project would impact 0.20 acre of freshwater herbaceous wetlands (FLUCCS 641/643) and 1.17 acres of freshwater forested wetlands (FLUCCS 621).

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 project was re-aligned to reduce impacts to wetlands. The original alignment would have impacted 4.29 acres of wetlands. The new alignment would avoid a higher quality wetland and instead the road would occur in more disturbed wetlands. The applicant proposes to incorporate headwalls along culvert wetland crossings that would reduce the impacts further. Finally, the utility services are proposed to be incorporated into the filled roadway section which further reduces wetland impacts.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant has proposed to purchase 0.07 acre freshwater herbaceous credits and 0.89 acre freshwater forested mitigation bank credits from the Old Florida Mitigation Bank (OFMB) (SAJ-2013-01810). Mitigation provides an overall 1.01 units of functional gain, which offsets the project related direct and potentially secondary wetland impacts to herbaceous and forested freshwater wetlands.

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:  a. Wood Stork (Mycteria americana): The proposed project is located more than 2,500 feet from a colony site and supports marginally suitable foraging habitat (SFH), therefore the Corps evaluated potential effects to this species. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect, with no further consultation necessary.

b. Eastern indigo snake (Drymarchon corais couperi): The proposed work would occur on suitable habitat composed of gopher tortoise burrows; therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013.

Use of this key resulted in the sequence  A-B-C-D-E may affect, but is not likely to adversely affect, with no further consultation necessary, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. 

c. Tricolored Bat (Perimyotis subflavus): On June 18, 2024, the Corps executed an RST report. The RST indicated that the Information for Planning and Consultation (IPAC) species that are found within the project location could include the tricolored bat. Therefore, the Corps evaluated potential effects to this species. The proposed project would impact 1.37 acres of wetlands, however there would not be significant tree removal. If the tricolored bat were to be present, the species is mobile, and it could move to another forested habitat on site or near the project site. Therefore, the Corps has determined the proposed work may affect, but would not be likely to adversely affect the tricolored bat. Because there is no programmatic agreement or Standard Local Operating Procedures for Endangered Species (SLOPES), a may affect, not likely to adversely affect determination by the Corps could require a conference opinion coordination with the USFWS. However, the species is not listed at this time; therefore, the Corps is not required to open coordination. The applicant’s environmental consultant stated that work would begin immediately following any permit authorization from the Corps. Therefore, the work could begin prior to the species being officially designated as listed and the Corps has determined that a conference opinion would not be conducted as the work would occur and be completed prior to the species being designated. In the event that work does not occur prior to the species being listed, the applicant would be required to conduct their own Section 10 consultation with USFWS for the tricolored bat. Any authorization would be conditioned to include language that requires Section 10 consultation in the event that the work is not completed prior to designation.

d. Florida scrub-jay (Aphelocoma coerulescens): Although the project includes xeric oak habitat, the applicant states that these areas do not provide suitable habitat for scrub jays due to a past program of fire suppression, and that they did not observe any scrub jays onsite during wildlife surveys. The Corps has determined that this project will have no effect on the scrub jay.

e. The RST report also provided IPaC data showing that the project is within the range of the eastern black rail (Laterallus jamaicensis ssp. jamaicensis), Everglade snail kite (Rostrhamus sociabilis plumbeus, loggerhead sea turtle (Caretta caretta), and whooping crane (Grus americana). The project area either does not contain habitat that would support the above-mentioned species, or the Corps has determined that they are not likely to be found on site. Therefore, the Corps has made ‘no effect’ determinations for these species.

ESSENTIAL FISH HABITAT (EFH):  There is no EFH within or near the project location.

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, 915 Wilshire Blvd Suite 1109, Los Angeles, CA 90017 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, Jeniffer Aleman-Zometa, in writing at the Tampa Permits Section, 915 Wilshire Blvd Suite 1109, Los Angeles, CA 90017; by electronic mail at Jeniffer.Aleman-Zometa@usace.army.mil or, by telephone at (213) 300-4993. 

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.  

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: WQC is required from the SWFWMD via their SWERP approval. The project received Statewide Environmental Resource Permit No. 43044163.010 and was issued on January 12, 2024.

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.