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: Mr. Brad Gaubatz
Facilities & PRNR Mgr., Capital Projects
1001 Sarasota Center Boulevard
Sarasota, FL, 34240
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Philippe Creek and Little Sarasota Bay. The project site is located in Section 14, Township 36 South, Range 18 East, 4770 17th Street, Sarasota, Sarasota County, Florida 34232.
Directions to the site are as follows: Project is located west of I-75 in Sarasota County. Take I-75 south from Tampa, exit 210 onto Fruitville Road westbound. Head west on Fruitville Road, then north on Honore Avenue. Turn left onto 17th Street heading west. Project site will be on the south side of 17th Street.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.349083°
Longitude -82.474557°
PROJECT PURPOSE: Basic: Sports Complex
Overall: Expand sports complex, in Sarasota County, Florida.
EXISTING CONDITIONS: The project site covers a total of 180.21 acres. It includes 13.22 acres of wetlands (FLUCCS 617, 631, and 641) and 14.59 acres of other surface waters (OSW) features (FLUCCS 510 and 534), comprising 6.15 acres of conveyances and 8.44 acres of ponds. The current land uses are Water and Sewer Utility WWTP), Parks- Athletic Complex, County Government- Fire Protection, and Vacant Government Land. The adult softball fields, Miss Sarasota softball fields, the Next Generation Soccer Academy fields, Sarasota County Fire Station #7, and Sarasota County Schools Bus Loop, all constructed around 1995. While several reuse ponds were created as part of the WWTP facility, remnants of some native habitats (mostly pine flatwoods and improved pasture) remain intact, though degradation has occurred due to extensive spreading of exotic plants in areas not routinely mowed or managed. Many of these semi-natural areas were initially pine-mesic oak areas dominated by native species, especially oak trees. In other areas, these habitats became dominated by exotic species, such as Brazilian pepper, bishopswood, and carrotwood. On the eastern boundary of the project site nearest Georgetown Estates, the pine flatwood habitats are heavily wooded with a mix of native oaks, other native hardwood species, and various exotic trees, shrubs, and groundcover species.
PROPOSED WORK: The project entails impacting 1.62 acres of wetlands and 8.86 acres of other surface waters (OSWs) to construct the 17th Street Regional Park Expansion. The project consists of building eight (8) 1.15-acre youth softball fields (9.2-acre total), which will replace the existing five (5) youth softball fields onsite. The youth softball fields will be arranged to create a “softball complex” with all associated amenities (batting cages, bullpens, concession stand, shade structures, restrooms, and entrance building). The project also includes creating three (3) 2-acre adult softball fields (6 acres total), replacing existing multi-purpose fields. The adult softball fields will have bullpens and a concession/restroom building. The project also provides for constructing four (4) 1.86-acre multi-purpose athletic fields (7.44 acres total). The multi-purpose athletic fields will also have a dedicated concession/restroom building. The site will have a dedicated maintenance building for Park staff. The site has proposed surface parking to serve the site users.
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 site plan is designed to utilize existing upland areas to the maximum extent practicable. The project limits wetland impacts to only one wetland (Wetland 1). This wetland is in poor condition with borderline wetland conditions and has minimal use for maintaining fish and wildlife functions mostly because of high exotic species coverage and its location in the landscape surrounded by dense development and highly altered land uses. Impacts to other surface waters (OSWs) are limited to 8.86 acres, with the majority of the OSW impacts to previously permitted areas. The proposed OSW impacts are not anticipated to require mitigation. In addition, the project will maintain stormwater flow through the canal system and existing wetlands in the post-development stage. Hydrologic connections of the remaining on-site and downstream wetlands and OSWs are also maintained. The inclusion of ten stormwater ponds into the project design helps to manage stormwater on-site and improve the water quality of surface waters. Stormwater management facilities proposed for the site will be designed to provide better water quality treatment than the poor-quality herbaceous wetland existing on the site.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: A total of 1.62 acres of an herbaceous wetland system are proposed to be directly impacted as part of the proposed project. Mitigation for the proposed impacts will be sought through the purchase of palustrine herbaceous credits from Myakka Mitigation Bank (MMB). Due to the location of the proposed impacts in relation to the MMB service area, an anticipated proximity factor of 1.5 would be applied to satisfy federal mitigation requirements. Therefore, a total of 1.065 palustrine herbaceous credits would be purchased to offset the calculated loss of wetland function.
CULTURAL RESOURCES: The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the project being previously permitted facility, and the geographic information system not containing specific historic or archeological resources within the permit review areas, the Corps has determined that the project would have No Potential to Affect Historic Properties.
ENDANGERED SPECIES: The Corps made the following determinations pursuant to Section 7 of the Endangered Species Act.
Wood stork (Mycteria americana): The project area is located within the Wood Stork consultation and foraging areas. Based upon the review of the Wood Stork Effect Determination Key (May 18, 2010) the proposed project resulted in the following sequential determination: A > B > C > E “not likely to adversely affect”. With an outcome of "no effect" or "NLAA as outlined in this key, and the project has less than 20.2 hectares (50 acres) of wetland impacts, the requirements of section 7 of the Act are fulfilled for the wood stork and no further action is required.
Florida Bonneted Bat (Eumops floridanus): The project falls within USFWS Consultation Area for the Florida bonneted bat (FBB). USFWS has designated Critical habitat in 10 counties (Charlotte, Lee, Collier, Monroe, Miami-Dade, Polk, Okeechobee, Desoto, Sarasota, and Osceola) in the federal register (85 FR 35510-35544). Foraging habitat is comprised of relatively open areas to find and catch prey, and sources of drinking water in areas with a reduced number of obstacles. Potential roosting habitat includes forest and other areas with tall, mature trees or other areas with suitable roost structures (such as utility poles, bat houses, buildings, bridges, etc.). Based on the FBB Consultation Key (dated October 22, 2019), the Corps determination sequence: 1a>2a>3b>6a>7a>8a>9b “MANLAA-C” with required BMPs, further consultation with USFWS is required.
Eastern Indigo Snake (Drymarchon couperii corais): – The project is located within USFWS eastern indigo snake (EIS) consultation area. The EIS is classified as a Threatened species by USFWS (43 FR 4026 4029). No critical habitat has been designated for this species. Wherever the EIS occurs in xeric habitats, it is closely associated with the gopher tortoise (Gopherus polyphemus), the burrows of which provide shelter from winter cold and summer desiccation. Based on the EIS Programmatic Effect Determination Key (August 1, 2017) the proposed project resulted in the following sequential determination: A > B > C > D > “may affect, not likely to adversely affect”. The Corps has determined the proposed project may affect, but is not likely to adversely affect the EIS or its designated critical habitat. The project site does not support EIS foraging or nesting habitat. Based on the EIS Programmatic Effect Determination Key reaching a “may affect, not likely to adversely affect” determination, the FWS will concur with the programmatic determination in accordance with 50 CFR 402.14(b)1, and no further consultation with the FWS is required.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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 structure or 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 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, by electronic mail to Mr. Edgar W. Garcia at the following email: Edgar.W.Garcia@usace.army.mil with the project number, SAJ-1992-00708, in the subject line. Comments can also be submitted by mail at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302 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 Edgar W. Garcia, Senior Project Manager, by electronic mail at Edgar.W.Garcia@usace.army.mil, or in writing at the Tampa Permits Office at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610, or by telephone at 813-769-7062.
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 may be required from the Florida Department of Environmental Protection (FDEP).
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.