SAJ-2024-05113 (MAM)

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 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 Mark.A.Marousky@usace.army.mil.

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Cross Bayou Canal and Old Tampa Bay. The project is located along a 3 mile stretch of 62^nd Street North starting at Ulmerton Road extending north to 142^nd Avenue; in Section 5 and 32, Township 30 and 29 South, Range 16 East. The project is centrally located at latitude 27.9090 and longitude -82.7210; in Clearwater, Pinellas County, Florida.

EXISTING CONDITIONS: The project is located within a very populated and developed portion of Clearwater called South Highpoint, in Pinellas County. Work is occurring within existing disturbed roadways and a powerline corridor right of way. The majority of the areas have been altered by development and the construction of residential neighborhoods, roadways, and commercial buildings. Approximately 90 percent of the project occurs with the footprint of a large powerline easement that extends north through this portion of Clearwater. The project will occur within two (2) upland land use communities and three (3) wetland communities that area present within the project area. Descriptions of the land uses and their FLUCFCS description are provided below.

Upland Habitats:

Roads and Highways (FLUCFCS – 814): This code is reserved for areas in which transportation facilities are used for the movement of people and goods; therefore, they are major influences on land and many land use boundaries are outlined by them. This area includes 62^nd Street North, and the project areas along Ulmerton Road.

Electrical Power Transmission Lines (FLUCFCS – 832): This category includes power transmission lines that are used to connect power stations and substations, and for connections between substations, in order to efficiently transmit large amounts of electricity at high voltage without loss, and therefore play a crucial role in providing electricity. Within the project area, this land use includes the overhead electrical power transmission lines, easement, and associated lands, owned by Duke Energy, within the majority of area where the proposed trail will be located. This area has been cleared of natural vegetation and it is regularly maintained to ensure that no vegetation will interfere with the operation of the powerline. The cleared upland areas mostly consist of Bahia grass (Paspalum notatum), with other various grasses and forbs. The transmission line corridor is located along 62^nd Street N. extending north to Roosevelt Boulevard where it turns west northwest to Haines Bayshore Road.    

Wetland Habitats:

Streams and Waterways (FLUCFCS: 510): This land use classification includes rivers, creeks, canals, and other linear waterbodies. The project area contains Long Branch Creek as well as other numerous manmade roadside ditches. The ditches are manmade features excavated for the conveyance of water as part of the stormwater management system and are classified as Other Surface Waters (OSW). Most are mowed and/or maintained grasses, herbs, and forbs and distinct from the surrounding environment. Roadside ditches are present within the right-of-way (ROW) areas of 62^nd Street North.

Reservoirs less than 10 acres (FLUCFCS: 534) Reservoirs are artificial impoundments of water. They are used for irrigation, flood control, municipal and rural water supplies, recreation and hydro-electric power generation. Dams, levees, other water control structures or the excavation itself usually will be evident to aid in the identification. Two reservoirs are located on the east side of the project area along 62^nd Street North.

Vegetated Non-Forested Wetlands (FLUCFCS: 640): This category includes non-forested, nontidal wetlands dominated by grasses, sedges, and other freshwater emergent plants. This land use is located south of Haines Bayshore Drive within the northern extent of the project area within the transmission line corridor.

PROJECT PURPOSE:  Basic: Construction of a multi-use county pedestrian trail.

Overall: To construct a new 3 mile long sidewalk and multi-use path with stormwater outfall structures that connects to existing trail roads in Clearwater Florida in Pinellas County, Florida.

PROPOSED WORK:  The applicant requests authorization to fill ±0.909 acre of jurisdictional wetlands to construct an approximately 3 mile long multi-use pedestrian trail in Pinellas County. The trail will require the discharge of 303 cubic yards of clean fill and 837 cubic yards of dredging in Waters of the United States.

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 project has been designed to minimize impacts to jurisdictional wetlands as much as practicable to still have a viable project which avoids effects and impacts to fish and wildlife. The pedestrian trail was designed to be located along existing roadways and previously impacted areas of Pinellas County. Approximately 90 percent of the project occurs with the footprint of a large powerline easement that extends north through this portion of Clearwater. The powerline easement and roadways have been cleared of natural vegetation and they are regularly maintained. The cleared upland areas mostly consist of Bahia grass (Paspalum notatum), with other various grasses and forbs with limited habitat for listed species. Focusing impacts within already disturbed corridors and right of ways reduces the projects impacts to the area while also allowing the project to conform with transportation safety and design standards. The project has been designed to maintain water quality, water quantity, hydroperiod, and habitat within adjacent wetlands and wetland areas that will remain undisturbed. The trail path storm water system has been designed to maintain the same rate of flow and the proposed wetland impacts will preserve the hydrologic connections to adjacent wetlands that are present within the project area.

Best Management Practices (BMPs) will be utilized during and after construction to minimize erosion and sediment transport. Erosion control measures will be installed and maintained in accordance with standard FDOT specifications, and the erosion control plan found in the roadway construction plans.

During the review process the Corps will review alternatives to the proposed action and determine whether all appropriate and practicable measures have been proposed to avoid and minimize adverse effects to the aquatic environment.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The loss of wetland function due to the unavoidable impacts shall be sufficiently mitigated through the purchase of an appropriate wetland credits at an approved federal wetland mitigation bank.

CULTURAL RESOURCES:  The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that no historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.

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, 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 will not affect any listed species or critical habitat.

Table 2: ESA-listed species and/or critical habitat potentially present in the action area.

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). The project is located within a very populated and developed portion of Clearwater called South Highpoint, in Pinellas County. Work is occurring within existing disturbed roadways and a powerline corridor right of way outside areas that contain essential fish habitat. The majority of the areas have been altered by development and the construction of residential neighborhoods, roadways, and commercial buildings. Approximately 90 percent of the project occurs with the footprint of a large powerline easement that extends north through this portion of Clearwater. 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: Water Quality Certification may be required from the Southwest Florida Water Management District (SWFWMD).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence may be required from the SWFWMD. 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 or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. 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 22, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Mark A. Marousky at Mark.A.Marousky@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Mark A. Marousky, 701 San Marco Boulevard Jacksonville, Florida 32207.  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/20250501-SAJ-2024-05113-Pinellas-0522-MAM.pdf?ver=Gkt0CtzvpQOgP3TQsrdv9g%3d%3d