SAJ-2024-04226(SP-CM)

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 Christy.M.Morgan@usace.army.mil.

APPLICANT: Lynn Spivey

                      City of Plant City

                     1500 West Victoria Street

                     Plant City, Florida 33563-3059

WATERWAY AND LOCATION: The project would affect aquatic resources associated with wetlands that drain into East Canal, which drains into Itchepackesassa Creek, which drains into Blackwater Creek, a traditionally navigable water.  The project site is located at 775 East Knights Griffin Road; at Latitude 28.07001°, Longitude -82.12628°; in Plant City, Hillsborough County, Florida.

EXISTING CONDITIONS: McIntosh Preserve includes an existing stormwater treatment wetland that was implemented by the Southwest Florida Water Management District to provide treatment and attenuation for the East Canal sub-basin.  Construction of the stormwater treatment wetland project was substantially completed in 2006, and operations began in 2007.  Components of the stormwater treatment wetland include a diversion weir in East Canal, a wet detention basin, constructed stormwater wetland, and alum treatment system with settling ponds.  The wet detention basin and stormwater wetland comprise about 59 acres, while the alum settling ponds and outflow channel comprise about 3.7 acres.  The stormwater treatment wetland project diverts water from East Canal offline through the system to provide storage and water quality improvements prior to discharging back into East Canal.  The alum treatment system has experienced operational challenges since its inception and has been offline for several years. While the stormwater treatment wetland provided intermittent water quality improvement, the benefits of the project were limited by the flashy nature of stormwater runoff and dehydration of the wetlands between storm events causing periods of nutrient export.

PROJECT PURPOSE:

Basic: Stormwater treatment.

Overall: The purpose of the proposed project is to expand and enhance the functionality of an existing stormwater treatment wetland.  To address the dehydration experienced by the original wetland and increase treatment, the project would reconfigure the original wetland cells and add additional treatment wetlands in the center and western portions of the project area.  The proposed project would include the addition of highly treated reclaimed water to support wetland habitat creation in the center and western portions and to enhance the hydrology of the reconfigured wetlands in the eastern portion.  Reclaimed water would also be supplied to the largest eastern cell to support wetland hydrology in the dry season.

PROPOSED WORK: The project would result in the discharge of dredged material into approximately 88 acres of wetlands in order to improve an existing stormwater treatment system within the McIntosh Preserve.  The proposed discharge would occur as a result of grading of the site to expand the total wetland footprint on the site as well as reconfigure existing treatment wetland cells by moving and re-grading existing berms.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Of the approximately 135 acres of wetlands onsite, approximately 47 acres would not be impacted.  The remaining 88 acres of impacted wetlands would be replaced with newly constructed wetlands.

Selected existing wetlands would be avoided to the maximum extent practicable with silt fencing and floating turbidity barriers, as appropriate based on water levels.  Other erosion control devices may include staked hay bales, sediment sumps, and similar best management practices as necessary based on field conditions.  No discharge of water would be allowed to these wetlands.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant states that while there would be unavoidable wetland impacts associated with the project, there would be a projected net increase in wetland functional value that would be realized approximately two years following construction.  The applicant proposes mitigation success criteria to address nuisance and invasive vegetation and wildlife species.  The applicant additionally proposes the submission of a baseline and annual monitoring reports for a period of five or more years.  The applicant understands that a conservation easement may be required as part of the agreement to perform and maintain compensatory mitigation for unavoidable wetland impacts.

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), National Marine Fisheries Service (NMFS) Section 7 Mapper, and the NMFS Critical Habitat Mapper 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.

Table 1: 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.

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 Florida Department of Environmental Protection (FDEP).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP.  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 July 15, 2025.  Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs.  Alternatively, you may submit written comments through the Sacramento District (on behalf of the Jacksonville Permits Section) to Christy Morgan, 1325 J Street, Room 860, Sacramento, California  95814-2922.  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.

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