DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS PRINCESS PALM AVENUE, SUITE 120 TAMPA, FLORIDA

Transcription

1 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS PRINCESS PALM AVENUE, SUITE 120 TAMPA, FLORIDA REPLY TO ATTENTION OF May 8, 2015 Regulatory Division South Permits Branch Tampa Permits Section SAJ (SP-MGH) Mr. Larry Williams U.S. Fish and Wildlife Service South Florida Ecological Services Office th Street Vero Beach, Florida Via electronic mail: Dear Mr. Williams: This letter refers to a request on behalf of Spring Lake Improvement District for the construction and operation of a stormwater treatment area discharging into Lake Istokpoga via Arbuckle Creek. The project is as described on the enclosed advance copy of the public notice for the project. The project site is located in Section 10, Township 35 South, Range 30 East, Sebring, Highlands County, Florida. The U.S. Army Corps of Engineers (Corps) has completed an evaluation of the impacts the work may have on the eastern indigo snake, wood stork, Audubon s crested caracara, Everglades Snail kite, Florida Grasshopper sparrow and Florida scrub-jay. Based upon review of the Corps and U.S. F Effect Determination Key for the Wood Stork (dated May 2010), the proposed project resulted in the following sequential determination: A > B> C > E = not likely to adversely affect for the wood stork (Mycteria americana) since the project provides suitable foraging habitat compensation, is not contrary to the habitat management guidelines, and is within the appropriate core foraging area. The Corps completed an evaluation of the project based upon the August 13, 2013, updated addendum to the January 2010 North and South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Eastern Indigo Snake. Using the key for the eastern indigo snake (Drymarchon couperi), the proposed project resulted in the following sequential determination: A > B> C> D> E = may affect, not likely to adversely affect for the eastern indigo snake. Gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities will be investigated prior to clearing. The permit will be

2 -2- conditioned for use of the Standard Protection Measures for the Eastern Indigo Snake, dated August 12, 2013, during site preparation and project construction. The project site is located within the consultation area for the Audubon s crested caracara, Everglades Snail kite, Florida Grasshopper sparrow and Florida scrub-jay. The Corps has determined the proposed project may affect, not likely to adversely affect the Audubon s crested caracara, Everglades Snail kite, Florida Grasshopper sparrow and Florida scrub-jay. Based on the above information our initial determination is the project may affect but is not likely to adversely affect the eastern indigo snake, wood stork, Audubon s crested caracara, Everglades Snail kite, Florida Grasshopper sparrow and Florida scrub-jay. Pursuant to Section 7 of the Endangered Species Act we request your concurrence with this determination within 30 days. Please advise if you agree with the above determination or provide a date when formal consultation would commence. If you have any questions regarding this letter, please contact Mindy Hogan-Charles at the letterhead address, by telephone at , or by at Melinda.G.Hogan-Charles@usace.army.mil. Sincerely, Enclosure(s) Copies Furnished: Spring Lake Improvement District (w/o enclosures) Mr. Orlando Rubio (w/o enclosures) Kevin D. O Kane Chief, Tampa Permits Section

3 DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS PRINCESS PALM AVENUE, SUITE 120 TAMPA, FLORIDA REPLY TO ATTENTION OF Regulatory Division South Permits Branch Tampa Permits Section May 8, 2015 PUBLIC NOTICE Permit Application Number SAJ (SP-MGH) 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: APPLICANT: Spring Lake Improvement District 115 Spring Lake Boulevard Sebring, Florida WATERWAY AND LOCATION: The project would affect waters of the United States associated with Arbuckle Creek. The project site is located in Section 10, Township 35 South, Range 30 East, Sebring, Highlands County, Florida. Directions to the site are as follows: Take US 98 to Sebring, Florida and turn into Spring Lake Improvement District which is located off of Duane Palmer Road. APPROXIMATE CENTRAL COORDINATES: Latitude Longitude PROJECT PURPOSE: Basic: Stormwater Treatment Area Overall: To construct and operate a Stormwater Treatment Area discharging into Lake Istokpoga via Arbuckle Creek. EXISTING CONDITIONS: The project site consists of acres of freshwater marsh wetlands and 5.36 acres of other surface waters for a total of acres. PROPOSED WORK: The applicant seeks authorization to construct and operate the Spring Lake Improvement District acre stormwater treatment area (STA) discharging into Lake Istokpoga via Arbuckle Creek. The proposed project would discharge fill material into 4.1 acres of wetlands and 5.36 acres of other surface waters (canal). The STA will consist of a wet detention area (28.75 acres), two wetland marsh systems (37.63 acres), and preserved tree islands (5.76 acres). Existing perimeter ditches will be filled with suitable excavated material to allow for the construction of the maintenance shell road and perimeter berm. The applicant proposes to excavate

4 692, cubic yards of material for the construction of the wet detention pond, NE shallow marsh excavation and SW shallow marsh excavation. Approximately 51, cubic yards of material will be discharges for the filling of the perimeter ditch and perimeter berm. 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 project location, within Spring Lake Improvement District (SLID), was selected for numerous reasons including: ownership by SLID; isolated nature of the project (NE comer of SLID); availability to the existing master stormwater collection/conveyance system and offsite receiving system; proximity to the pump station and; opportunity to provide habitat (hence wildlife) enhancement. Minimization - The project design proposes to replace/supplement existing over-drained wetlands and uplands with constructed marsh systems as wetland hydroperiod enhancement (for remnant wetlands) and wetland creation for uplands (under the proposed marsh footprint). One minimization component was considered (and implemented) during data collection and project design. This consists of retention of the majority of trees (hardwoods) within WL-2 (primarily red maple) as habitat striation. Tree retention increases wildlife value by providing shade, nesting and socialization areas. We consider tree islands (3) minimization as the wetland area of the most value (portion of WL-2 with hardwoods) is retained by project design. Constructed marsh systems (2) provide habitat striation (presently nonexistent) from uplands to wetland tree islands to fully hydrated freshwater marsh systems (two-foot design depth) to deep water habitat (lake). Project design was implemented to entice Florida wetland dependent wildlife species to use the site, including listed species. COMPENSATORY MITIGATION The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The Applicant proposes to create acres of marsh (N marsh = acres and S marsh = acres) and to enhance and preserve 5.76 acres of tree islands and 0.4 acres of WL-2 for a total of 6.16 acres. Areas between marsh (and lake) bottom and adjacent upland areas will become littoral shelves. A component of the project does involve filling 5.36-acres of existing canal along the north and east boundaries of this project. This "Other Surface Water" filling is offset through construction of the lake (refer to CAS engineering plans). Canal filling also serves to reduce the volume of material which must be stockpiled or removed during project construction. Overall, this project: improves water quality for discharges from the development (ultimately entering Lake Okeechobee): improves flood protection for the development; reduces the need to utilize pumps to provide a comparable level of flood protection; expands the wetland footprint; enhances wetland area (WL-2) that will remain and; provides significant wildlife value (lift), which will promote native wildlife use

5 Although the project proposes impacting wetlands (considered between poor to fair condition), we propose construction of a much greater acreage of shallow freshwater marsh providing the dual benefit of storage (and water quality improvement) and wildlife habitat improvement. Being adjacent to the Arbuckle Creek system improves the likelihood wildlife use occurs following project completion. CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area. ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperii corais) or its designated critical habitat as identified using the Eastern Indigo Snake Programmatic Effect Key. The progression yield for the eastern indigo snake is as follows: A > B > C > D > E > may affect, not likely to adversely affect. Based on the Key, no further consultation is required. The Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork (Mycteria americana) or its designated critical habitat as identified using the Wood Stork Programmatic Effect Key. The progression yield for the wood stork is as follows: A > B > C > E > may affect, not likely to adversely affect. Based on the Key, no further consultation is required. The project site is located within the consultation area for the Audubon s crested caracara, Everglades Snail kite, Florida Grasshopper sparrow and Florida scrub-jay. The Corps has determined the proposed project may affect, not likely to adversely affect the Audubon s crested caracara, Everglades Snail kite, Florida Grasshopper sparrow and Florida scrub-jay. The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter. 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 Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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. 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

6 with laws and regulation governing the regulatory program. The jurisdictional line has not been verified by Corps personnel. AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts. COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, Princess Palm Avenue, Suite 120, Tampa, Florida 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, Mindy Hogan-Charles, in writing at the Tampa Permits Section, Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Melinda.G.Hogan- ; by facsimile transmission at (813) ; or, by telephone at (813) 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 A permit will be granted unless its issuance is found to be contrary to the public interest

7 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. 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