SAJ-2024-00848 (SP-ARN)

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If youa re interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Antonia.R.Nino@usace.army.mil.

WATERWAY AND LOCATION:  The project would affect wetlands and surface waters associated with Wolf Slough and unnamed tributaries to Mill Creek. The project site is located along Lorraine Road, from north of State Road 70 East (Oneco- Myakka City Road) to south of State Road 64, within Sections 3/10/15, Township 35 South, Range 19 East, in Bradenton, Florida. The approximate coordinates for the southern project boundary are Latitude 27.433279°N, Longitude -82.395333°W and the northern project boundary are Latitude 27.474792°N, Longitude -82.395523°W, within the Manatee River Drainage Basin 03100202 Manatee (8-digit hydrologic unit code (HUC).

EXISTING CONDITIONS: There are 3.83 acres of wetlands (FLUCCS 617, 630, and 643) located within the project area and 4.16 acres of other surface water features (FLUCCS 510 and 534) located within the project area. The aquatic habitats include a mix of upland cut ditches, surface water streams, a cattle pond, reservoirs, mixed wetland hardwoods, and mixed forested wetlands.

Land uses adjacent to the proposed project area consists of residential communities, single family homes, churches and commercial properties.  

PROJECT PURPOSE:

Basic:  The basic project purpose is to relieve car congestion.

Overall:  The overall project purpose is to relieve car congestion by adding additional capacity between State Road 70 E and State Road 64.

PROPOSED WORK:  The applicant requests authorization from the Corps to discharge approximately 24,469 cubic yards (cy) of dredged or fill material to wetland and surface waters to reconstruct approximately 2.8 miles of Lorraine Road from a two-lane roadway into a four-lane divided roadway from 59th Circle/Avenue East to State Road (SR) 64 roundabout, including an 18-foot median, 7-foot bike lanes, sidewalks ranging from 10-feet and 5-6 feet, roadway lighting, and pedestrian crossings. Lorraine Road would be widened to 120-feet, and include five floodplain compensation sites and four stormwater ponds to compensate for the development of the roadways. Additionally, 59th Avenue East is a two-lane roadway located east of Lorraine Road, and would be widened to a four-lane with a left and right turn lanes. The proposed discharge would permanently affect approximately 6.2 acres of surface waters and wetlands, and temporarily affect approximately 1.78 acres of surface waters and wetlands.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:  The design process involved the consideration of measures to avoid and minimize impacts to wetlands and surface waters to the greatest extent practicable. As the purpose of the project is to improve traffic congestion by expanding Lorraine Road, wetland and surface water impacts are unavoidable. To minimize impacts to the fullest extent practical, the applicant will implement best management practices, including but not limited to an Erosion Sedimentation and Pollution Control Plan (ESCP). Additionally, the construction will be conducted in accordance with federal and state permits, including any special conditions specified therein.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  To offset the proposed loss of aquatic habitats, the applicant proposed to purchase 1.89 forest mitigation bank credits and 0.42 herbaceous mitigation bank credits  from the Manatee Mitigation Bank (SAJ-2024-00848).The applicant also proposes to purchase an additional 0.04 federally forested credits from the Manatee Mitigation Bank.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application using the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Wood Stork: The project lies within the Core Foraging Area (CFA) buffers of the Ayers-Point Dot Dash,  Casey Key Sorrento Inlet, and Blackburn Bay wood stork nesting colonies. According to the application materials, the proposed project would result in greater than 0.5 acres of direct and secondary impacts to the forested wetlands. The applicant is proposing to provide mitigation at an approved mitigation bank which is within the appropriate CFA and of a matching hydroperiod. The project also complies with the Habitat Management Guidelines for the Wood Stork in the Southeast Region. Use of the USFWS Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008 resulted in the following sequential determination: A > B > C > D > E, “may affect, but is not likely to adversely affect”, and further consultation is not required.

Eastern Indigo Snake: The project area has suitable habitat for the indigo snake. To determine this project's potential effect on the eastern indigo snake, impacts were assessed using the 2013 Consultation Key for the Eastern Indigo Snake – Revised August 2017. The project would not affect more than 25-acres of an eastern indigo snake’s home range, nor would it impair the ability of an individual to feed, breed, or shelter. No holes, cavities, active or inactive gopher tortoise burrows were observed within the project area, or within 25 feet of the project area, during the field reviews. Additionally, to increase protection of this species, the most current version of the USFWS Standard Protection Measures for the Eastern Indigo Snake will be adhered to during all construction activities. Therefore, use of the Eastern Indigo Snake Programmatic Effect Determination Key, Revised July 2017 resulted in the following sequential determination: A > B > C >D, “may affect, but is not likely to adversely affect”, and no further consultation is required.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH) because the project area does not have any EFH present. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION:  A Water Quality Certification has been granted by Southwest Florida Water Management District through issuance of an Environmental Resource Permit, No. 43047172.001.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 14, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Antonia Nino at Antonia.R.Nino@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Antonia Nino, 1451 Research Park Drive, Suite 100, Riverside, California 92507.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

CLICK HERE for Public Notice and Graphics: /Portals/44/docs/regulatory/Public Notices/2025 03 March/West/20250314-SAJ-2024-00848-Manatee-0414-ARN.pdf?ver=SbWRsGiz5RLa-AOsycO9tQ%3d%3d