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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at kelby.a.callahan@usace.army.mil.
APPLICANT: Mr. Spencer Anderson
Sarasota County Government
1001 Sarasota Center Blvd.
Sarasota, FL 34240
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Mayakka River. The project site is located at a portion of Laurel Road, from Knights Trail Road to Jacaranda Boulevard, in Section 27, Township 38 South, Range 19 East, Venice, Sarasota County, Florida.
Directions to the site are as follows: From I-75 take the Laurel Road Exit and head east. The project begins at the intersection of Knights Trail and continues east until the intersection of Jacaranda Blvd.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.1366
Longitude: -82.3833
PROJECT PURPOSE:
Basic: To provide transportation.
Overall: To accommodate the increase in vehicular traffic, improve roadway safety, and improve access to I-75 in Venice, FL.
EXISTING CONDITIONS: The wetland system onsite consists of a freshwater system. The wetlands are vegetated and non-forested (FLUCCS 640). Wetlands are vegetated with mainly herbaceous species including maidencane (Panicum hemitomon), sedges (Cyperus spp.), and bluestem grasses (Andropogon spp.). Uplands within the proposed project area consist of existing roadways (FLUCCS 814) and open land (FLUCCS 190). The proposed project location is bordered by high-density residential development with golf courses (FLUCCS 136) to the north. High-density residential development (FLUCCS 130) to the east, south, and west. The proposed project is also located approximately 1 mile west of the Carlton Reserve.
PROPOSED WORK: The applicant seeks authorization to discharge 8,340 cubic yards of clean fill material into 1.72 acres of wetlands to widen a 7,700 linear foot portion of Laurel Road by adding additional west bound & east bound lanes, and adding additional or modifying existing turn lanes.
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 applicant has stated that due to the configuration of the surrounding aquatic resources, impacts to wetlands cannot be completely avoided. The applicant has stated that wetland impacts have been minimized to the greatest extent practicable. On-site minimization measures include narrowing the roadway and increasing side slopes in the areas where the roadway intersects wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase 1.06 herbaceous credits from the Myakka Mitigation Bank (SAJ-2003-07594).
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: According to the U.S. Fish and Wildlife Service (USWFS) Information for Planning and Consultation (IPAC) species list for Sarasota County, the following species have the potential to be located within the project area: Aboriginal Prickly-apple (Harrisia (=Cereus) aboriginum (=gracilis)), Crested caracara (Caracara plancus audubonii), Eastern Black rail (Laterallus jamaicensis), Eastern indigo snake (Drymarchon couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida bonneted bat (Eumops floridanus), Florida panther (Puma concolor coryi), Florida scrub-jay (Aphelocoma coerulescens), Miami Blue Butterfly (Cyclargus thomasi bethunebakeri), Pygmy fringe-tree (Chionanthus pygmaeus), Tricolored bat (Perimyotis subflavus), and Wood stork (Mycteria americana).
Crested caracara: The proposed project area contains marginal habitat for the species. The Corps has determined that the project may affect, but is not likely to adversely affect, the species. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Eastern Indigo Snake: The Corps utilized the July 2017 South Florida effect determination key for the eastern indigo snake. By use of the key, the Corps has determined that the proposed project may affect but is not likely to adversely affect the species (A>B>C>D>E>NLAA). No further consultation is required.
Florida Bonneted Bat: The Corps utilized the 2024 Florida Bonneted Bat Consultation Key. By use of the key, the Corps determined the proposed project would have no effect on the species (1b.>No effect). No further consultation is required.
Florida Panther: The Corps utilized the February 2007 Programmatic Key for the species (A>B>May affect). Based on the scope of the project and a review of Florida Panther telemetry data, the Corps has determined that the project may affect, but is not likely to adversely affect, the species. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Wood Stork: The project site is located within the core foraging area of at least one known wood stork colony. By use of the May 2010 effect determination key for the wood stork, the Corps has determined that the proposed project may affect but is not likely to adversely affect the species (A>B>C>E>NLAA). No further consultation is 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 listed threatened or endangered species or designated critical habitat.
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. The project work is located in freshwater emergent wetlands which are inland from EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Florida. 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 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 Northeast Branch, 1949 Industrial Park Road, Room 140, Conway, South Carolina, 29526, 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, Kelby Callahan, in writing at the Charleston District Northwest Branch, 1949 Industrial Park Road, Room 140, Conway, South Carolina, 29526; by electronic mail at kelby.a.callahan@usace.army.mil; or by telephone at (843) 901-1687.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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 or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
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 is required from the Southwest Florida Management District (SWFWMD). The project received an Environmental Resource Permit (ERP) from SWFWMD (ERP 48049.000).
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.
CLICK HERE for Public Notice and Graphics