SAJ-2017-03247 (SLP)

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 proposed project would affect wetlands and surface waters associated with Frog Creek and Terra Ceia Bay. The project site is located within Parcel ID No. 631800409, in Section 19, Township 33 South, Range 18 East, Manatee County, Florida.

Directions to the site are:  The project is located at 9025 US 41 Highway N., City of Palmetto, Florida. From 1-275, take Exit 2 (US 41 N) north approximately 1 mile to Bayshore Road. The project site is located at the southwest comer of the intersection, bounded by Bayshore Road to the west and north, US 41 to the east, and Rock Payne Road to the south (see enclosed map).

PROJECT PURPOSE:  Basic:  Residential housing development.

Overall:  The overall project purpose is to develop multi-family and affordable housing in Manatee County, near US Highway 41 and the intersection of Interstate 75 and Interstate 275, to meet housing demand.

EXISTING CONDITIONS:  The project site is undeveloped former agricultural land in an urban area. The freshwater aquatic habitats on site include 0.50-acre of  forested wetland and 0.17 acre of surface water ditches. The existing condition of aquatic habitats has been influenced by historic citrus grove agriculture activities.

The triangle-shaped project site is surrounded on all sides by roads, including US-41, Rock Payne Road, and Bayshore Road. Land uses adjacent to and in the vicinity of the proposed project include residential and commercial development to the east, west, and north, and south. Primarily undeveloped or vacant properties are immediately adjacent to the site’s south boundary.

There are two wetlands onsite, in the northern (Wetland 1) and southeast (Wetland 2) portions of the project site. Wetland 1 (0.05 acre) is dominated by Brazilian pepper, Carolina willow (Salix caroliniana) and the occasional cabbage palm. The shrub layer consists of wax myrtle (Morella cerifera) and Virginia willow (Itea virginica). Herbaceous and ground cover includes pennywort (Hydrocotyle umbellata), swamp fern (Telmatoblechnum serrulatum) and Virginia chain fern (Woodwardia virginica). Wetland 2 (0.45 acre) is also a forested wetland dominated by a canopy of Brazilian pepper, Carolina willow, and water oak (Quercus nigra). The shrub layer consists of wax myrtle, Carolina willow, elderberry (Sambucus nigra ssp. canadensis). Herbaceous and ground cover includes pennywort, swamp fern and Virginia chain fern.

The two onsite drainage ditches are adjacent to the northern Wetland 1, and flow from the west to the east and south.

PROPOSED WORK: The applicant seeks authorization from the Corps to discharge approximately 212 cubic yards (cy) of dredge and fill material into 0.50-acre of freshwater forested wetlands and 0.17-acre of non-wetland surface waters to construct a 183-unit, multi-family apartment complex.

AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has not proposed to avoid or minimize effects on aquatic habitats due to the locations and size onsite, as well as in consideration of the lower quality of aquatic habitats. Several limitations precluded carrying forward potential onsite alternatives such as smaller footprint yet higher density four-story buildings with associated parking areas, including Southwest Florida Water Management District (SWFWMD) and Florida Department of Transportation (FDOT) drainage and floodplain requirements.

The applicant provided two offsite alternatives to the proposed project.

COMPENSATORY MITIGATION: To offset the proposed loss of 0.50 acres of wetland aquatic habitats, the applicant proposed 0.15 freshwater forested mitigation bank credits to be purchased from the Big Bullfrog Creek Mitigation Bank.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for direct and indirect effects to historic properties as required under Section 106 of the National Historic Preservation Act (36 CFR 800) and Corps regulations (33 CFR 325 Appendix C). This public notice serves to inform the public of the proposed undertaking and invites comments from local, state, tribal and federal government agencies. Our final determination relative to historic properties impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes with concerns in Florida and the permit area, and other interested parties.

ENDANGERED SPECIES:  The project is located within the core foraging area of at least one wood stork colony, and has suitable habitat for the eastern indigo snake.

Wood stork: Although the project is located within a core foraging area for the wood stork, the site does not support suitable foraging habitat. Project surveys noted the lack of suitable trees onsite for wood stork nesting, as well as dense vegetative ground cover around water features that would preclude foraging. 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, was utilized for effects determination. Use of this key resulted in the sequence A->B (no effect). Based upon past surveys and FNAI negative results, as well as wood stork key results, the Corps has made a “no effect” determination for this species.

Eastern Indigo Snake: A 2023 project site survey was negative for the presence of gopher tortoise burrows. As described above, there is no xeric habitat onsite, either. If issued, the Corps will condition its permit to require the use of the standard protection measures for the indigo snake, and to require inspection of potential snake refugia and halting of work if an indigo snake is found. Use of the January 2010 indigo snake effect determination key provided a result of ‘may affect, not like to adversely affect’ (A-B-C-D-E), with no further consultation required.

Other Species: Based on the project location, existing site conditions, the areas of proposed impact, and the types of activities proposed, the Corps has determined that the project would have no effect on any other federally listed species whose ranges overlap the project location, or designated critical habitat.

Navigation: The proposed discharge of dredged or fill materials is not located in the vicinity of a federal navigation channel.

SECTION 408: The proposed discharge of dredged or fill material 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 proposed work should be submitted in writing within 30 days from the date of this notice to the attention of the District Engineer through the Los Angeles District Regulatory Division, 915 Wilshire Blvd Suite 1109, Los Angeles, CA 90017, or through electronic mail at shannon.l.pankratz@usace.army.mil.

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/waters. This is based on an analysis of the applicant's avoidance and minimization proposals for the project, as well as the proposed compensatory mitigation.

QUESTIONS concerning this application should be directed to the project manager Shannon Pankratz, in writing at the Los Angeles District Regulatory Division, 915 Wilshire Blvd Suite 1109, Los Angeles, CA 90017; by electronic mail at shannon.l.pankratz@usace.army.mil; or, by telephone at (213) 453-8586 Pacific Standard Time (PST). 

IMPACT ON NATURAL RESOURCES: Coordination with FWS, Environmental Protection Agency (EPA), 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): A WQC has been granted by the Southwest Florida Water Management District through issuance of an Environmental Resource Permit, No. 43034233.006, on April 17, 2024.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the state WQC 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.