SAJ-2004-05087 (JMH-SP)

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 Manatee River. The project site is located within Sections 20 and 21, Township 35 South, Range 18 East along 63rd Avenue East between US 301 and Tuttle Avenue in Bradenton, Manatee County, Florida.

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

Overall: The overall project purpose is to reconstruct 63^rd Avenue from US 301 to Tuttle Avenue to improve safety and capacity.

EXISTING CONDITIONS:  Field reviews by the applicant identified three wetlands and  two surface waters within the project area.

Wetland 1 is classified as a Mixed Wetland Hardwood and is located on the south side of 63rd Avenue on the eastern end of the project area. According to FDEP Map Direct, this wetland is covered under a Conservation Easement 3.03 acres in size under FL Solaris Land ID: CE 3864. This wetland is composed of torpedo grass (Panicum repens) in the mowed area adjacent to the roadway, cabbage palm, red maple (Acer rubrum), wax myrtle (Myrica cerifera), laurel oak (Quercus laurifolia), elm (Ulmus americana), wild coffee (Psychotria nervosa), chain fern (Woodwardia spp.), giant leather fern (Acrostichum danaeifolium), and cinnamon fern (Osmundastrum cinnamomeum). Hydrologic indicators included stain lines on trees, buttressing, lichen lines and moss collars. Standing water was present at the time of the inspection. Wetland 1 comprises 0.222 acre of the project area.

Wetland 2 is classified as a Mixed Wetland Hardwood and is located on the north side of 63rd Avenue on the eastern end of the project area. According to FDEP Map Direct, this wetland is covered under a Conservation Easement 4.08 acres in size under FL Solaris Land ID: CE 2294. This wetland consists of heavy coverage of Brazilian pepper with cabbage palm, red maple, American elm, swamp bay (Persea palustris), and saltbush (Baccharis halimifolia) with occasional pines (Pinus spp.) on hummocks. The understory included wild coffee and chain fern. The wetland contains small, forested upland areas that buffer the wetland and mostly consist of Brazilian pepper and saw palmetto (Serenoa repens), but are interspersed with pine species and live oak. The wetland contains a thick canopy with very little groundcover. Hydrologic indicators include standing water in pockets, hummocks, black soils, and saturated soils throughout. Wetland 2 comprises 0.312 acre of the project area.

Wetland 3 is classified as a Freshwater Marsh and is located on the east side of 31st Street East on the southern end of the project area. This wetland is adjacent and hydrologically connected to Surface Water (SW) 2 to the north and was created as a mitigation site for another permit (Woodruff Industrial Park S/D/LB&D Properties 3390/App. No.: 10329). The wetland is composed of water lettuce (Pistia stratiotes) along the water’s edge, with alligator-flag (Thalia geniculata), torpedo grass, cattails, spatterdock (Nuphar advena), and bullrush (Scirpus spp.) in the wetland. Uplands surrounding the wetland and surface water consist of loblolly pine (Pinus taeda), cabbage palm, live oak, and magnolia (Magnolia grandiflora) trees. The marsh contained standing water throughout with fish beds present. Faunal species observed included mottled ducks (Anas fulvigula), tricolored heron, white egret (Ardea alba), robins (Turdus migratorius), mosquito fish (Gambusia affinis), an osprey (Pandion haliatus) flyover, a belted kingfisher (Megaceryle alcyon), and northern pintails (Anas acuta). Wetland 3 comprises 0.45 acre of the project area.

SW 2 is located north of Wetland 3 at the southern end of the project area east of 31st Street East. SW 2 consists of a large body of water with a steep shoreline with small amounts of water lettuce around the water’s edge. This surface water is hydrologically connected to Wetland 3 to the south, as these two systems were constructed as mitigation and a stormwater pond as part of a previous permit (Woodruff Industrial Park S/D/LB&D Properties 3390/App. No.: 10329). SW 2 comprises 0.874 acre of the project area.

SW 4 consists of Pearce Canal which intersects 63rd Avenue. The canal flows north to southwest of a reclaimed water pumping station. Two to three feet of flowing water was present at the time of the inspection. Panic grass (Panicum spp.) was observed at the top of bank with Carolina willow (Salix caroliniana), water primrose (Ludwigia peruviana) and saltbush. Brazilian pepper was observed on the eastern bank, facing south. The western bank was mowed and maintained with steep slopes. Faunal species observed included a mockingbird (Mimus polyglottos), little blue heron, and a juvenile white ibis (Eudocimus albus). SW 4 comprises 0.020 acre of the project area.

PROPOSED WORK:  The applicant seeks authorization to permanently impact 0.534 acres of wetlands and 0.45 acres of open waters to reconstruct 63^rd Avenue. 

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 modified during design to the greatest extent practicable. Proper Best Management Practices (BMPs) will be utilized during construction including erosion control.

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 project area is located within the 15-mile core foraging area (CFA) of one wood stork nesting colony labeled as “Ayers Point-Dot Dash”. The primary concern for this species is loss of habitat within the CFA. While this species was not observed during field reviews, suitable habitat for foraging is located within Wetland 3 within the project area. The design of this project will result in permanent impacts to suitable foraging habitat and mitigation credits have been purchased in the service area of an area mitigation bank. Based on the Wood Stork Effect Determination Key for Central and North Peninsular Florida (2008), resulted in an effect determination of ‘may affect, not likely to adversely affect, no further consultation required’.

Marginal to low quality habitat is present for the Eastern indigo snake. A review of the Eastern Indigo Snake Programmatic Effect Determination Key (August 2013) resulted in a may affect, but not likely to adversely effect determination. If authorized, the permit will be conditioned to comply with the USFWS Standard protection Measures for the Eastern Indigo Snake (2021) during construction. No further consultation is 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. 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.

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. 0432326-001-SFI.

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.