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: Peace River Manasota Regional Water Supply Authority
c/o Richard Anderson
9415 Town Center Pkwy
Lakewood Ranch, Florida 34202
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Myakka River and adjacent wetlands. The project site is located in Sections 1, 12, 13, Township 40 S, Range 20 E, Myakka State Forest, Sarasota County, and Section 6, 7, 18, Township 40 S, Range 21 E, North Port, Charlotte County, Florida.
Directions to the site are as follows: The north end of the pipeline can be accessed by turning south onto South Sumter Blvd from US 41 in North Port, then turning west onto Chancellor Boulevard and continuing for approximately 2 miles until the road terminates at Campbell Street. To access the southern end of the pipeline take Toledo Blade Boulevard south from US 16 about 1 mile until you get to SR 776. Take SR 776 southwest for about 6 miles and turn west on Gillot Boulevard. Continue on Gillot Boulevard for about 4.4 miles and turn west on Van Lenten Blvd. The Gulf Cove Booster Pump Station is located approximately 500 feet west of the intersection of Gillot Boulevard and Van Lenten Boulevard. The southern end of the pipeline starts at this pump station.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.010325°
Longitude -82.255313°
PROJECT PURPOSE:
Basic: The basic project purpose is to meet the projected water supply demands and increase the resiliency and connectivity of the potable water supply for four counties represented by the Authority: Charlotte County, Sarasota County, Manatee County, and DeSoto County.
Overall: The overall project purpose is to increase potable water supply distribution from the Charlotte County Gulf Coast Booster Station to the vicinity of the Chancelor Boulevard and Campbell Street intersection in North Port, Charlotte County.
EXISTING CONDITIONS: The aquatic systems consist of the Myakka River, an estuarine and marine deepwater system; adjacent tidal wetlands and freshwater forested and emergent wetlands. The onsite vegetation consists of various saltwater and freshwater habitats, including emergent freshwater marsh, and forested wetlands. The areas surrounding the project consist of Myakka State Park, Myakka Islands Point, single-family residential development within the City of North Port, north of the Myakka River; and Myakka State Park and single-family residential development within the neighborhood of Gulf Cove, Port Charlotte, south of the river.
PROPOSED WORK: The applicant proposes installation of pipeline which would be comprised of a buried 42-inch diameter steel pipe and its associated metering facilities and other appurtenances. This Segment will begin near the intersection of Chancelor Boulevard and Campbell Street and continue south along the Charlotte/Sarasota County border for 2.7 miles before turning to the east to connect with Charlotte County Utilities Gulf Cove Booster Station. Proposed impacts would include 0.41 acres of permanent impacts to freshwater forested wetlands, 0.21 acres of temporary impacts to mangrove wetlands, 1.39 acres of temporary impacts to freshwater forested wetlands, 1.39 acres of temporary impacts to herbaceous wetlands and upland-cut ditches, and 2.06 acres of temporary wetland buffer impacts. All temporary impact areas would be restored to their pre-construction elevations, and herbaceous vegetation would be allowed to revegetate. 0.41 acres of forested wetlands within the project area would be converted into herbaceous systems because trees will not be allowed to recolonize over the location of the proposed pipeline.
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 will utilize appropriate construction best management practices (BMPs) and follow sawfish, sea turtle, and manatee construction conditions. Wetland impacts to the major-high quality wetland system adjacent to Myakka River have mostly been avoided by directionally drilling under the river. Impacts are minimized to fill for the remaining lower quality wetlands along the pipeline route.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment
To offset unavoidable impacts that would occur from these authorized activities, the permittee proposes to purchase 0.31 federal freshwater forested credits from Myakka Mitigation Bank and 0.08 federal saltwater forested credits from Little Pine Island 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, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake (Drymarchon couperi), Florida bonneted bat (Eumops floridanus), Tricolored Bat (Perimyotis subflavus), Florida Panther (concolor coryi), Green sea turtle (Chelonia mydas), Smalltooth sawfish (Pristis pectinata), West Indian Manatee (Trichechus manatus), Wood stork (Mycteria americana) or its designated critical habitat. 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.
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 proposal would impact approximately 0.73-acre acres of tidally influenced white mangrove (Laguncularia racemose) above mean high water (MHW), and 0.21-acre of substrate below the tidal river channel bottom elevation, utilized by various life stages of species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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 Fort Myers Permits Section, 1520 Palm Square Blvd., Suite 310, Fort Myers, Florida 33919 within 30 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, Allison J. Cala, in writing at the Fort Myers Permits Section, 1520 Palm Square Blvd., Suite 310, Fort Myers, Florida 33919; by electronic mail at Allison.J.Cala@usace.army.mil; or, by telephone at (239)-920-3690.
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 is required from the Florida Department of Environmental Protection (FDEP). FDEP has issued the water quality certification under permit no. 0441601-001 EI.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.
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