SAJ-2024-01750 (SP-JMH)

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):

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with the Manatee River.  The project site is located at Canal Road at 39th Street East (Mendoza Road), Unincorporated Palmetto, Florida 34221.

PROJECT PURPOSE: Basic:  The basic project purpose is to improve transportation.

Overall:  The overall project purpose is to reconstruct Canal Road (16^th AVE E) and Mendoza Road (37^th St E) to improve safety and capacity.

EXISTING CONDITIONS: The new alignment for 37th Street East proposes impacts to three wetland areas (WL-4, WL-5, and WL-6) within agricultural and open rural lands. These wetlands have been disturbed and altered by ditching and land management practices. 

Wetland 4 (WL-4) is a forested wetland located east of Canal Road at the intersection with 39th Street East (Mendoza Road). The wetland covers 0.66 acres within Manatee County right-of-way and extends further north onto adjacent property. The wetland was ditched along its northern boundary decades ago and is contiguous with Big Chimney Drain to the northeast and the Canal Road ditch to the west. The wetland hydroperiod and water levels have been significantly reduced from historic conditions. As a result, nuisance and exotic shrubs and groundcover have established in the wetland, including Brazilian pepper (Schinus terebinthifolia), and torpedo grass (Panicum repens). Canopy species were native and well established, including mesic oaks, elm, maple, and palms.

Wetland 5 (WL-5) is a forested wetland further east from Canal Road and has been dewatered by a ditch that bisects it, draining from north to south toward 37th Street East. The wetland is 0.29 acres within Manatee County right-of-way and was at the northern extent of the Manatee River watershed. It was surrounded by agricultural lands and low density residential and was significantly disturbed by invasive exotic shrubs. Common trees included American elm and cabbage palm. Shrubs and groundcover included Brazilian pepper and Bermuda grass (Cynodon dactylon) with some lemon bacopa (Bacopa caroliniana), creeping primrose-willow (Ludwigia repens), and scarlet milkweed (Asclepias curassavica).

Wetland 6 (WL-6) is a shallow marsh/wet prairie that was dewatered by a ditch that bisected it, draining from north to south to 37th Street East. The wetland covered 0.04 acres within and outside of Manatee County right-of-way. It was significantly disturbed and surrounded by cogon grass. Other common vegetation included spikerush, smartweed, mock bishopsweed, frog-fruit, and Peruvian primrose-willow. The ditch had reduced the hydroperiod and extent of the wetland from historic conditions. Common vegetation included spikerush, smartweed, mock bishopsweed, frog-fruit, cabbage palm (Sabal palmetto), Peruvian primrose-willow, cogon grass with some golden canna (Canna flaccida), pennywort (Hydrocotyle sp.), and scarlet milkweed.

The ditch along the east side of Canal Road is a surface water (SW-2), which extends north from Segment 2. SW-2 was the Canal Road ditch on the east side of the road, beginning north of 33rd Street East, and was divided into multiple segments by residential driveways and roads. The surface water area covers 0.87 acres within the right-of-way. This ditch was the significant man-made surface water feature on the project and is routinely dredged and maintained clear of woody debris and vegetation. Embankments were steep and stabilized by weedy upland grasses. Ditch bottom substrates were sand with some debris and evidence of algae in places.

There were four other surface water ditches along the connected project roads, including SW-3 and SW-4 located west of the proposed roundabout along 39th Street East, and SW-5 and SW-6 located along 37th Street East. Portions of these ditches will be covered and piped to accommodate the road improvements. The FLUCFCS designation for these ditches was 510 and NWI classification was Riverine, Upper Perennial, Streambed, Sand (R3SB4). Ordinary High Water indicators are midway to or near the top of bank on SW-2 along Canal Road. For the smaller roadside ditches, OHW levels were near the ditch bottom, indicating wet season water depths of 6”-12” in most areas.

PROPOSED WORK:  The applicant seeks authorization to fill 2.16 acres of freshwater herbaceous and forested wetlands and roadside surface waters to reconstruct Canal Road (16th Street East) from south of 37th Street East to north 39th Street East (Mendoza Road), including a new roundabout at 39th Street East and 1,600' extension of 39th Street East to connect with 37th Street East. In addition, a new stormwater treatment pond (CR-3) will be constructed at the southeast roundabout quadrant.

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: Wetland impacts have been avoided and minimized by using 3:1 road embankment slopes through wetlands, as possible. The road alignments are determined by existing Manatee County right-of-way.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Wetland mitigation will provide type-for-type replacement of wetlands at the Manatee Mitigation Bank (SAJ-2018-00611).

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:  Based on existing site conditions, the area of proposed impact and the types of activities proposed, the Corps has determined the proposed project would have no effect on the American crocodile, Everglade snail kite, Florida perforate cladonia, green sea turtle, whooping crane, or pygmy fringe-tree.  No further consultation on these species is necessary.

The entire road project falls within wood stork rookery core foraging areas. Suitable foraging habitat (SFH) was present associated with the Canal Road roadside ditch (SW-2) and portions of all three wetlands (WL-4, WL-5and WL-6) particularly the ditches associated with all three wetlands. Use of the May 2010 effect determination key for the wood stork resulted in an effect determination of ‘may affect, not likely to adversely affect, no further consultation required’.

Minimal habitat for the Eastern black rail and the crested caracara is present in the project area. There is a mosaic of upland and wetland forests in the project area, which divide prairies and pastures into small fields. Small-parcel ownerships are common and consequently there are no large open prairies or pastures sufficiently sized with low-intensity human uses.  Wildlife surveys were conducted in 2022 and 2023 and no caracara or black rails were observed.  Despite the low potential for their presence, some habitat does exist in the project area. The Corps has concluded that the effect determination for these species is may affect, not likely to adversely effect. Consultation with the USFWS will be required.

Marginal to low quality habitat is present for the Eastern indigo snake. Based on a review of the Eastern Indigo Snake Programmatic Effect Determination Key (July 2017) resulted in a may affect, but not likely to adversely effect. If authorized, the permit will be conditions to comply with the USFWS Standard protection Measures for the Eastern Indigo Snake (2021) during construction. No further consultation is required.

ESSENTIAL FISH HABITAT (EFH):  The project area is not associated with impacts to marine or estuarine environments. No potential impacts to EFH are proposed or expected.

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 AND QUESTIONS: You may address comments or questions concerning this application to the project manager, Jayson Hudson in writing at the Policy Analysis Branch-Galveston District, 2000 Fort Point Road, Galveston, Texas 77551, or at electronic mail: swg_public_notice@usace.army.mil, or by telephone at (409)-766-3108. Reference SAJ-2024-05087 in your correspondence.

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.

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: A water quality certification is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 0439135-001-SFI.

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.