florida department of transportation section 4(f ... section 4(f... · exceptional historic...

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FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION 650-050-48 Environmental Management 06/17 Project Name: US 41 from Ringling Boulevard to Main Street PD&E Study FM#: 433225-1-22-01 ETDM#: 14113 & 14258 FAP#: Project Review Date: 9/25/2018 FDOT District: 1 County(ies): Project Description including Section 4(f) Specific Information: This project proposes intersection improvements at US 41 and Ringling Boulevard and US 41 and Main Street. This is one of several improvements identified to enhance access and travel conditions for alternative transportation modes along the US 41 corridor as part of the Connecting Downtown to the Bayfront Project, which stems from the City of Sarasota's Downtown Master Plan. US 41 is a four-lane divided major arterial roadway with a posted speed of 40 miles per hour (mph). Ringling Boulevard is a two-lane divided roadway and Main Street is a two-lane undivided roadway. The areas surrounding the intersections consist mainly of commercial, recreational, and residential land uses. A Section 4(f) Determination of Applicability (DOA) was prepared for Bayfront Park and Marina. The Section 4(f) DOA was submitted to OEM which concurred on June 29, 2018 that Bayfront Park and Marina is subject to Section 4(f) protection. The Recommended Alternative involves converting the existing signalized intersections of US 41 at Ringling Boulevard and US 41 at Main Street to two-lane roundabouts. In addition, sidewalks would be constructed along both sides of US 41. Conversion of the intersections to roundabouts would improve safety and lessen physical and visual barriers for all users. The proposed typical section for US 41 will be a four-lane divided roadway with 10-foot lanes in each direction, curb and gutter, closed drainage system, an 18 to 20-foot raised concrete/landscaped median, 10-foot sidewalks along both sides of US 41, and 8 to 10-foot sidewalks along Ringling Boulevard and Main Street, respectively. The posted speed limit along US 41 will be 35 mph. The Recommended Alternative will have only minor and temporary use of lands at Bayfront Park and Marina within the lands dedicated to the City of Sarasota for a municipal park (and subject to Section 4(f) protection). This will include a small area of resurfacing of the asphalt, and curb and sidewalk reconstruction. The scope of work is minor in nature and the land will be fully restored. The occupancy of the park will be less than the time needed for construction of the overall project and there will be no change in ownership of the land. Temporary occupancies of land under these conditions do not qualify as a use and therefore FDOT is seeking an Exception/Exemption determination for this Section 4(f) resource. Type of Property: Public Parks and Recreation Areas Description of Property: Bayfront Park and Marina is a signature park in Sarasota, Florida with beautiful views of Sarasota Bay and barrier islands. The park offers a full-service restaurant, marina facilities, and water sports rentals, operated by contracted concessionaires. The west side of the park also features a children’s fountain and playground equipment, and a ½ mile loop fitness walk. Bayfront Park and Marina consists of fishing, picnicking, restaurant, fitness walk, children’s play fountain, marina, and pieces of art. It is located at 1 Island Park Drive, Sarasota, FL 34236, on the west side of US 41. Establishing Section 4(f) Exception Eligibility (from 23 CFR 774.13): The facts of the case must match the circumstances as described below: Restoration, rehabilitation or maintenance of transportation facilities that are on or eligible for the National Register when: (1) The Administration [FDOT] concludes, as a result of the consultation under 36 CFR 800.5, that such work will not adversely affect the historic qualities of the facility that caused it to be on or eligible for the National Register, and (2) The OWJ over the Section 4(f) resource have not objected to the FDOT conclusion. Archaeological sites that are on or eligible for the National Register when: (1) The Administration [FDOT] concludes that the archaeological resource is important chiefly because of what can be learned by data recovery and has minimal value for preservation in place. This exception applies both

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Page 1: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

FLORIDA DEPARTMENT OF TRANSPORTATION

SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION 650-050-48

Environmental Management

06/17

Project Name: US 41 from Ringling Boulevard to Main Street PD&E Study

FM#: 433225-1-22-01 ETDM#: 14113 & 14258 FAP#: Project Review

Date: 9/25/2018

FDOT District: 1

County(ies):

Project Description including Section 4(f) Specific Information: This project proposes intersection improvements at US 41 and Ringling Boulevard and US 41 and Main Street. This is one of several improvements identified to enhance access and travel conditions for alternative transportation modes along the US 41 corridor as part of the Connecting Downtown to the Bayfront Project, which stems from the City of Sarasota's Downtown Master Plan. US 41 is a four-lane divided major arterial roadway with a posted speed of 40 miles per hour (mph). Ringling Boulevard is a two-lane divided roadway and Main Street is a two-lane undivided roadway. The areas surrounding the intersections consist mainly of commercial, recreational, and residential land uses. A Section 4(f) Determination of Applicability (DOA) was prepared for Bayfront Park and Marina. The Section 4(f) DOA was submitted to OEM which concurred on June 29, 2018 that Bayfront Park and Marina is subject to Section 4(f) protection. The Recommended Alternative involves converting the existing signalized intersections of US 41 at Ringling Boulevard and US 41 at Main Street to two-lane roundabouts. In addition, sidewalks would be constructed along both sides of US 41. Conversion of the intersections to roundabouts would improve safety and lessen physical and visual barriers for all users. The proposed typical section for US 41 will be a four-lane divided roadway with 10-foot lanes in each direction, curb and gutter, closed drainage system, an 18 to 20-foot raised concrete/landscaped median, 10-foot sidewalks along both sides of US 41, and 8 to 10-foot sidewalks along Ringling Boulevard and Main Street, respectively. The posted speed limit along US 41 will be 35 mph. The Recommended Alternative will have only minor and temporary use of lands at Bayfront Park and Marina within the lands dedicated to the City of Sarasota for a municipal park (and subject to Section 4(f) protection). This will include a small area of resurfacing of the asphalt, and curb and sidewalk reconstruction. The scope of work is minor in nature and the land will be fully restored. The occupancy of the park will be less than the time needed for construction of the overall project and there will be no change in ownership of the land. Temporary occupancies of land under these conditions do not qualify as a use and therefore FDOT is seeking an Exception/Exemption determination for this Section 4(f) resource.

Type of Property: Public Parks and Recreation Areas Description of Property: Bayfront Park and Marina is a signature park in Sarasota, Florida with beautiful views of Sarasota Bay and barrier islands. The park offers a full-service restaurant, marina facilities, and water sports rentals, operated by contracted concessionaires. The west side of the park also features a children’s fountain and playground equipment, and a ½ mile loop fitness walk. Bayfront Park and Marina consists of fishing, picnicking, restaurant, fitness walk, children’s play fountain, marina, and pieces of art. It is located at 1 Island Park Drive, Sarasota, FL 34236, on the west side of US 41. Establishing Section 4(f) Exception Eligibility (from 23 CFR 774.13): The facts of the case must match the circumstances as described below:

Restoration, rehabilitation or maintenance of transportation facilities that are on or eligible for the National Register when:

(1) The Administration [FDOT] concludes, as a result of the consultation under 36 CFR 800.5, that such work will not adversely affect the historic qualities of the facility that caused it to be on or eligible for the National Register, and

(2) The OWJ over the Section 4(f) resource have not objected to the FDOT conclusion.

Archaeological sites that are on or eligible for the National Register when: (1) The Administration [FDOT] concludes that the archaeological resource is important chiefly because of what

can be learned by data recovery and has minimal value for preservation in place. This exception applies both

Page 2: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

FLORIDA DEPARTMENT OF TRANSPORTATION

SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION 650-050-48

Environmental Management

06/17

to situations where data recovery is undertaken and where the Administration [FDOT] decides, with agreement of the OWJ, not to recover the resource; and

(2) The OWJ over the Section 4(f) resource have been consulted and have not objected to the Administration [FDOT] finding.

Designations of park and recreation lands, wildlife and waterfowl refuges, and historic sites that are made, or

determinations of significance that are changed, late in the development of a proposed action. With the exception of the treatment of archaeological resources in §774.9(e) discovered during construction, the Administration [FDOT] may permit a project to proceed without consideration under Section 4(f) if the property interest in the Section 4(f) land was acquired for transportation purposes prior to the designation or change in the determination of significance, and if an adequate effort was made to identify properties protected by Section 4(f) prior to acquisition. However, if it is reasonably foreseeable that a property would qualify as eligible for the National Register prior to the start of construction, then the property should be treated as a historic site and does not qualify for the Section 4(f) exception. In applying this exception the analyst must consider whether:

(1) The property acquisition was completed prior to the designation or the change in the determination of significance.

(2) The Cultural Resources Assessment Survey (CRAS) report was considered complete and sufficient at the time of its submittal.

(3) The CRAS report identified the property in question as a resource that would require re-examination or that would become significant prior to construction.

(4) The property in question is an archaeological site important primarily for the information it contains.

Temporary occupancies of land that are so minimal as to not constitute a use within the meaning of Section 4(f). The following conditions must be satisfied: (1) Duration must be temporary, i.e., less than the time needed for construction of the project, and there should be

no change in ownership of the land; (2) Scope of the work must be minor, i.e., both the nature and the magnitude of the changes to the Section 4(f)

property are minimal; (3) There are no anticipated permanent adverse physical impacts, nor will there be interference with the protected

activities, features, or attributes of the property, on either a temporary or permanent basis; (4) The land being used must be fully restored, i.e., the property must be returned to a condition which is at least as

good as that which existed prior to the project; and (5) There must be documented agreement of the OWJ over the Section 4(f) resource regarding the above

conditions.

Park road or parkway projects under 23 U.S.C. 204 which is the Federal Lands Access Program, providing access to transportation facilities located on or adjacent to, or provide access to Federal Lands.

Certain trails, paths, bikeways, and sidewalks, in the following circumstances: (1) Trail-related projects funded under the Recreational Trails Program, 23 U.S.C. 206(h)(2);

(2) National Historic Trails and the Continental Divide National Scenic Trail, designated under the National Trails System Act, 16 U.S.C. 1241-1251, with the exception of those trail segments that are historic sites as defined in 23 CFR 774.17, such as any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in the NRHP. The term includes properties of traditional religious and cultural importance to an Indian tribe that are included in, or are eligible for inclusion in the NRHP.

(3) Trails, paths, bikeways, and sidewalks that occupy a transportation facility right-of-way without limitation to any specific location within that right-of-way, so long as the continuity of the trail, path, bikeway, or sidewalk is maintained; and

(4) Trails, paths, bikeways, and sidewalks that are part of the local transportation system and which function primarily for transportation unless they are historic.

Transportation enhancement projects and mitigation activities, where:

(1) The use of the Section 4(f) property is solely for the purpose of preserving or enhancing an activity, feature, or attribute that qualifies the property for Section 4(f) protection; and

(2) The OWJ over the Section 4(f) resource agrees in writing to the use described in (1) of this section.

Page 3: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

FLORIDA DEPARTMENT OF TRANSPORTATION

SECTION 4(F) EXCEPTIONS/EXEMPTIONS DETERMINATION 650-050-48

Environmental Management

06/17

Establishing Section 4(f) Exemption Eligibility (Refer to Chapter 7.3.4 for further information and criteria)

Section 1303 of the FAST Act incorporates the ACHP Program Comment exemption for common post-1945 concrete and steel bridges and culverts into Section 4(f), eliminating review requirements for these structures under Section 4(f). This exemption applies to specific types of bridges and culverts built after 1945, including various forms of reinforced concrete slab bridges, reinforced concrete beam and girder bridges, steel multi-beam bridges or multi-girder bridges, and culverts and reinforced concrete boxes (See Section V Program Comment).

(Section 11502 (23 U.S.C. 138(f)/49 U.S.C. 303(h)) exempts from Section 4(f) review the use of rail. The exemption to Section 4(f) applies regardless of whether the railroad or rail transit line, or element thereof, is listed on or is eligible for listing on the National Register of Historic Places.

The exemption applies to the following resource types which might otherwise be considered abandoned or not in use:

• Railroad and transit lines over which service has been discontinued under the process described in 49 U.S.C. 10903;

• Railroad and transit lines that have been railbanked (a voluntary agreement between a railroad company and a trail agency to use an out-of-service rail corridor as a trail until a railroad might need the corridor again for rail service as described in 16 U.S.C. 1247(d)); and

• Railroad and transit lines that have been otherwise reserved for the future transportation of goods or passengers.

23 CFR 774.11(e)(2). The interstate highway system is exempt from being treated as a historic resource under

Section 4(f), unless the U.S. Secretary of Transportation determines individual elements possess national or exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida determined historically significant by the Secretary of Transportation and therefore not exempt under Section 4(f) are:

• I-275 Bob Graham/Sunshine Skyway Bridge

• I-75 Alligator Alley- Milepost range 19.6-49.3

• I-75 Snake Wall

• I-95 Myrtle Avenue Overpass

(23 CFR 774.11(h)) When a property formally reserved for a future transportation facility temporarily functions for park, recreation, or wildlife and waterfowl refuge purposes in the interim, the interim activity, regardless of duration, will not subject the property to Section 4(f).

23 CFR 774.11 (i) When a property is formally reserved for a future transportation facility before or at the same

time a park, recreation area, or wildlife and waterfowl refuge is established and concurrent or joint planning or development of the transportation facility and the Section 4(f) resource occurs, then any resulting impacts of the transportation facility will not be considered a use as defined in §774.17. Examples of such concurrent or joint planning or development include, but are not limited to:

• Designation or donation of property for the specific purpose of such concurrent development by the entity with jurisdiction or ownership of the property for both the potential transportation facility and the Section 4(f) property; or

• Designation, donation, planning, or development of property by two or more governmental agencies with jurisdiction for the potential transportation facility and the Section 4(f) property, in consultation with each other.

Explanation supporting the Section 4(f) property meets all of the criteria of the Exception or Exemption

The Recommended Alternative will have only minor and temporary use of lands at Bayfront Park and Marina

within the lands dedicated to the City of Sarasota for a municipal park (and subject to Section 4(f) protection). This will

include a small area of resurfacing of the asphalt, and curb and sidewalk reconstruction. The scope of work is minor in

nature and the land will be fully restored. The occupancy of the park will be less than the time needed for construction of

the overall project and there will be no change in ownership of the land. Temporary occupancies of land under these

Page 4: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida
Page 5: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

Project Description including Section 4(f) Specific Information:

This project proposes intersection improvements at US 41 and Ringling Boulevard and US 41 and Main Street. This is one of several improvements identified to enhance access and travel conditions for alternative transportation modes along the US 41 corridor as part of the Connecting Downtown to the Bayfront Project, which stems from the City of Sarasota's Downtown Master Plan. US 41 is a four-lane divided major arterial roadway with a posted speed of 40 miles per hour (mph). Ringling Boulevard is a two-lane divided roadway and Main Street is a two-lane undivided roadway. The areas surrounding the intersections consist mainly of commercial, recreational, and residential land uses.

There are two build alternatives for the project. Alternative A involves improvements designed to maximize the utilization and efficiency of the existing facility through improved system and demand management. Specifically, Alternative A proposes improved corridor signal timing and phasing, and the construction of sidewalks along both sides of US 41. Alternative B involves converting the existing signalized intersections of US 41 at Ringling Boulevard and US 41 at Main Street to two-lane roundabouts. In addition, sidewalks would be constructed along both sides of US 41.

The improvements for Alternative A are anticipated to be constructed primarily within the limits of the existing roadway. However, additional area will be required for Alternative B that includes lands being utilized as park lands by the City of Sarasota. However, all existing roadway and proposed roadway lands are located on lands under a perpetual easement for State Road right of way from TIITF (TIITF No. 21395) dated October 12, 1956.

FLORIDA DEPARTMENT OF TRANSPORTATIONEnvironmental

Management

Section 4(f) Determination of Applicability

ProjectName: US 41 from Ringling Boulevard to Main Street PD&E Study

14113 &FM#: 433225-1-22-01 ETDM#: 14258 FAP#:

ProjectReview Date: May 2018

FDOTDistrict: One

County(ies): Sarasota

A DOA IS REQUIRED FOR EACH SECTION 4(f) PROPERTY AND PROPOSEDALTERNATIVE.

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FLORIDA DEPARTMENT OF TRANSPORTATIONEnvironmental

Management

Section 4(f) Determination of Applicability

Type of PropertyCheck all that apply:

☒ Public Parks and Recreation Areas☐ Wildlife and Waterfowl Refuges☐ Historic Sites

Description of Property:Bayfront Park and Marina is a signature park in Sarasota, Florida with beautiful views ofSarasota Bay and barrier islands. The park offers a full-service restaurant, marinafacilities, and water sports rentals, operated by contracted concessionaires. The west sideof the park also features a children’s fountain and playground equipment, and a ½ mileloop fitness walk. Bayfront Park and Marina consists of fishing, picnicking, restaurant,fitness walk, children’s play fountain, marina, and pieces of art. It is located at 1 IslandPark Drive, Sarasota, FL 34236, on the west side of US 41.

Criteria of Selected Property Type(s):☒ Public Parks and Recreation Areas

o Must be publicly owned which refers to ownership by local, state or federalgovernment

Ownership can also include permanent easements and long-termlease agreements

o Must be open to the public during normal hours of operation

o The major purpose must be for park or recreation activities

o Must be designated or function as a significant park or recreational area.

Applies to the entire park or recreation area not just a specificfeature

☐ Wildlife and Waterfowl Refuge

o Must be publicly owned which refers to ownership by local, state or federalgovernment;

Ownership can also include permanent easements and long-termlease agreements;

o Must be open to the public but refuges are able to restrict access for theprotection of refuge habitat and species;

o The major purpose must be for wildlife and waterfowl refuges;

Page 7: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

FLORIDA DEPARTMENT OF TRANSPORTATIONEnvironmental

Management

Section 4(f) Determination of Applicability

o Must be designated or function as a significant as a wildlife and waterfowlrefuges; -

Applies to the entire wildlife and waterfowl refuges not just a specificfeature

☐ Historic Sites- includes historic buildings, historic transportation facilities,archeological sites, traditional cultural places, historic & archeological districts andhistoric trails.

o Must be of national, state or local significance and it must be eligible forlisting or is listed on the National Register of Historic Places (NRHP); or

o If a site is determined not to be eligible OEM may determine that theapplication of Section 4(f) is otherwise appropriate when an official (such asthe Mayor, president of a local historic society) provides information tosupport that the historic site is of local importance.

Does the identified resource meet all of the criteria for the selected propertytype?

Yes, continue to complete the form ☒

No, STOP Section 4(f) does not apply ☐

Identify the Official(s) with Jurisdiction (OWJ) contacted: Thomas W.Barwin, City Manager, City of Sarasota

Date correspondence sent to the OWJ: September 1, 2016 and April 16, 2018

Has the Official(s) with Jurisdiction (OWJ) responded?Yes ☒ No ☐

Has the 30 day response period passed since the initial OWJcorrespondence was sent?

Yes ☒ No ☐

Please answer the questions below about the resource:

Page 8: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

FLORIDA DEPARTMENT OF TRANSPORTATIONEnvironmental

Management

Section 4(f) Determination of Applicability

Note: A potential source for this information can include the property managementplan, resource website and/or communications with the OWJ (be sure to documentthese communications in writing).

What is the size and location of the property (include a map of the resource)?

Bayfront Park and Marina is 21.08 acres (8.53 hectares) in size and is located on the westside of US 41 (Bayfront Drive) south of Gulfstream Avenue, Sarasota, FL 34236.

Who/what organization owns/manages the property?

Bayfront Park and Marina is managed by the City of Sarasota and is a publicly ownedpark and recreation area. The park area is located on state owned lands, title to which isheld by the Board of Trustees of the Internal Improvement Trust Fund (TIITF) of the Stateof Florida. Most of the park is located on lands that TIITF dedicated to the City of Sarasotafor municipal park and recreational purposes. However, some of the park area, primarilyparking and green space adjacent to US 41, is located in the FDOT Perpetual Easementfor State Road Right of Way.

What is the primary function (activities, features and attributes) within the meaningof Section 4(f) of the facility or property?

Bayfront Park and Marina offers of a variety of recreational and cultural activities. Thepark includes areas for fishing and picnicking, a restaurant, a ½ mile loop fitness walk, achildren’s fountain and playground, marina facilities, and many pieces of art.

Please describe the location of available appurtenances and facilities (e.g. tenniscourts, pools, shelter houses, sports fields, beaches) on the property:

Bayfront Park and Marina is a signature park in Sarasota, Florida with beautiful views ofSarasota Bay and barrier islands. The park offers a full-service restaurant, marinafacilities, and water sports rentals, operated by contracted concessionaires. The west sideof the park also features a children’s fountain and playground equipment, and a ½ mileloop fitness walk. Bayfront Park and Marina consists of fishing, picnicking, restaurant,fitness walk, children’s play fountain, marina, and pieces of art.

What is the function of/or the available activities on the property?

Bayfront Park and Marina offers of a variety of recreational and cultural activities. Thepark includes areas for fishing and picnicking, a restaurant, a ½ mile loop fitness walk, achildren’s fountain and playground, marina facilities, and many pieces of art.

Access and Usage of the property by the Public:

Bayfront Park and Marina can be accessed by vehicles via US 41, Gulfstream Avenue,Main Street, and Ringling Boulevard. Pedestrians can access the facility via sidewalks on

Page 9: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

FLORIDA DEPARTMENT OF TRANSPORTATIONEnvironmental

Management

Section 4(f) Determination of Applicability

the public roadways, as well as the Bayfront Recreational Trail. The City of Sarasota doesnot have recorded information on usages of Bayfront Park and Marina.

Relationship to other similarly used lands/facilities in the vicinity:

The City of Sarasota park system features a wide range of facilities and opportunities toits residents. It includes indoor recreation centers, aquatic and other athletic facilities, andopen space areas. A mix of activity-based and resource-based public park and recreationfacilities is currently provided to residents and visitors of Sarasota, including boat rampsand beach areas. Bayfront Park and Marina is a component of the City’s parks andrecreation program and is connected to other parks and recreational facilities in the areasuch as Bayfront Park East (a.k.a. J.D. Hamel Park), Pioneer Park, Whitaker GatewayPark, Bayfront Recreational Trail, and Bayfront Recreational Center/Civic Center/LawnBowling by sidewalk and road.

Are there any unusual characteristics of the property that either limit or enhancethe value of the resource? If so please explain:

No

Describe project activities that could potentially “use” the resource:

Minor adjustments may be made to the entrance to Bayfront Park and Marina at US 41and Ringling Boulevard and US 41 and Main Street. The adjustments may include minorreconfigurations resulting in the loss of a small number of parking spaces. However, itshould not adversely affect the activities, features, and attributes that qualify the resourcefor protection under Section 4(f). All proposed roadway activities are located on landsunder a perpetual easement for State Road right of way from TIITF (TIITF No. 21395).

If applicable, give a general description of the history of the Historic Site,Archaeological Site or Historic District:

Not Applicable

Based on the above information the recommended level of Section 4(f) evaluationfor this property is:

Select the level of Section 4(f) evaluation: Exception/Exemption

Reason the selected level is appropriate:

All roadway activities are taking place on lands under a perpetual easement for StateRoad right of way from TIITF (TIITF No. 21395). Section 7.2.3.2 Leases and Easementsof Part 2 Chapter 7 Section 4(f) Resources, of the PD&E Manual (Effective June 14,2017), states:

Page 10: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

FLORIDA DEPARTMENT OF TRANSPORTATIONEnvironmental

Management

Section 4(f) Determination of Applicability

FDOT has easements, such as Right of Way (ROW) easements, for transportationfacilities that cross property protected under Section 4(f). If there is an existingROW easement, the Section 4(f) property is already part of the transportationfacility due to the easement encumbrance, and is not subject to Section 4(f)protection.

Therefore, the portion of Bayfront Park and Marina that is located on lands under aperpetual easement for State Road right of way from TIITF (TIITF No. 21395) is notsubject to Section 4(f) protection.

The portion of Bayfront Park and Marina that is located on lands dedicated to the City ofSarasota for municipal park and recreational purposes is subject to Section 4(f)protection.

The proposed project will have only minor and temporary use of lands dedicated to theCity of Sarasota for municipal park. This will include a small area of resurfacing of theasphalt, and curb and sidewalk reconstruction. The scope of work is minor in nature andthe land will be fully restored. The occupation of the park will be less than the time neededfor construction of the overall project and there will be no change in ownership of the land.

Currently, US 41 poses a physical and visual barrier to residents and visitors byseparating the primary community and regional focal points of Downtown Sarasota fromamenities and destinations along the waterfront, including Bayfront Park and Marina. Theproject should improve the park by enhancing the safety conditions for all travelers alongUS 41, particularly for non-motorists crossing US 41 to access the park. The proposedproject will not result in permanent adverse physical impacts or interfere with the parkactivities on a temporary or permanent basis.

The proposed project and anticipated temporary occupancy have been coordinated withthe OWJ. Signed agreement over the Section 4(f) resource is being obtained.

Supporting Documentation

The following items must be attached to this form:

1. A map of the resource based on the guidelines in the PD&E Manual Part 2,Chapter 7, including the proposed alternative being evaluated.

2. Statement of Significance from OWJ or FDOT’s presumption of significance.

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Main Stree

t

Ringling Boulevard

Unconditional SurrenderStatue

41£¤Marina Jacks andMarina Facilities

Dolphin Fountain

Restaurant andWater Sports Rentals

Children's Fountain

Playground

LegendParks & Recreational Resources TIITF Boundaries

Bayfront Park and Marina FDOT Perpetual Easement

Bayfront Park East (a.k.a. J.D. Hamel Park) Land Dedicated for Park

Quitclaim DeedBayfront Recreational Trail (MURT)

STATE OF FLORIDA US 41 from Ringling Blvd to Main StH. W. Lochner, Inc. DEPARTMENT OF TRANSPORTATION4350 W. Cypress St., Suite 800 ROAD NO. COUNTY FINANCIAL PROJECT ID BAYFRONT PARKTampa, Florida 33607

433225-1-22-0145 SARASOTAFBPR Certificate of Auth. #894 AND MARINA

Page 13: FLORIDA DEPARTMENT OF TRANSPORTATION SECTION 4(F ... Section 4(f... · exceptional historic significance and should receive protection. Interstate highway-related facilities in Florida

PERPETUAL EASEMENT FROM TIITFDB 395 PG 661TIITF NO. 21395

QC FROM SRD TO TIITFOR 431 PG 361

/

Main

Stree

t

Ringlin

g Boul

evard

The US 41 from Ringling Boulevard to Main Street PD&E(FPID No. 433225-1-22-01) project study area is locatedon state owned lands, title to which is held by the Board ofTrustees of the Internal Improvement Trust Fund (TIITF) ofthe State of Florida.

In October 1956, FDOT obtained a Perpetual Easement forState Road Right of Way (TIITF No. 21395 / Document No.142906) for approximately 28 acres of land to relocateUS 41 to its current location.US 41

In June 1963, FDOT quitclaimed approximately 4.5 acresProject Area back to TIITF because the land was no longer required for

state road right of way (Document No. 107376).

In January 1964 and corrected in July 1964 (TIITF No. 23588(1344-58) / Document No. 145940), TIITF dedicated to theCity of Sarasota approximately 17 acres of land, located to thesouthwest and adjacent to the FDOT Perpetual Easement,for municipal park and recreational purposes, including muchof the land FDOT quitclaimed back to TIITF.

TIITF DEDICATIONNO. 23588 (1344-58) CORRECTIVETIITF DEDICATION DB 487 PG 895NO. 23783 (1344-58)

DB 488 PG 502

STATE OF FLORIDA US 41 from Ringling Boulevard toMain Street SHEETH. W. Lochner, Inc. DEPARTMENT OF TRANSPORTATION NO.4350 W. Cypress St., Suite 800250 125 0 250 Feet ROAD NO. COUNTY FINANCIAL PROJECT ID1 in = 250 ft Tampa, Florida 33607 TIITF MAP45 SARASOTA 433225-1-22-01FBPR Certificate of Auth. #894

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Statement of Significance from Official with Jurisdiction

On October 28, 2016, the City of Sarasota concurred with FDOT the Bayfront Park and Marina,Bayfront Park East (a.k.a. J.D. Hamel Park), and Bayfront Recreational Trail are significantresources to the City of Sarasota and play important roles in meeting the park and recreationobjectives of the City of Sarasota and region in general. The concurrence was signed by the CityManager Thomas W. Barwin.

In 2017, FDOT updated the PD&E Manual and revised the language needed for this concurrence.On April 16, 2018, FDOT submitted a request to the City of Sarasota seeking concurrence that theBayfront Park and Marina, Bayfront Park East (a.k.a. J.D. Hamel Park), and Bayfront RecreationalTrail are significant resources to the City of Sarasota utilizing the following revised concurrencestatement:

“I concur that the Bayfront Park and Marina, Bayfront Park East (a.k.a. J.D. Hamel Park), andBayfront Recreational Trail are significant resources to the City of Sarasota. Significance meansthat in comparing the availability and function of the recreation area, park or wildlife andwaterfowl refuge area with the recreational, park and refuge objectives of that community, the landin question plays an important role in meeting those objectives.”

Coordination with the City of Sarasota has continued, but no concurrence has been received todate. It has been over 30 days since the significance concurrence was requested.

Section 4(f) DOA US 41 from Ringling Boulevard to Main StreetMay 2018 FPID No. 433225-1-22-01

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From: Connor, KevinSent: Monday, April 16, 2018 3:33 PMTo: 'Alexandrea DavisShaw'Cc: Howell, Bill; '[email protected]'; 'Bennett, Jonathon'Subject: US 41 at Ringling Blvd. & Main St., Sarasota County - Section 4(f) (433225-1-

22-01)

Alex,

As you know, the Florida Department of Transportation (FDOT) is conducting a Project Development andEnvironment (PD&E) study to evaluate potential environmental effects associated with improvements toUS 41 at Ringling Boulevard and Main Street, in Sarasota, Florida.

As part of the evaluation of publically owned lands in accordance with Section 4(f) of the Department ofTransportation Act of 1966, on October 28, 2016, Mr. Thomas W. Barwin, City Manager for the City ofSarasota, concurred with FDOT’s evaluation that Bayfront Park and Marina, Bayfront Park East (a.k.a.J.D. Hamel Park), and Bayfront Recreational Trail are significant resources to the City of Sarasota.

FDOT has updated the PD&E Manual and revised the language needed for this concurrence. We areagain seeking concurrence from Mr. Barwin utilizing the revised language. Could you please assist us andfacilitate a reply to this email from Mr. Barwin that he concurs with the following statement:

“I concur that the Bayfront Park and Marina, Bayfront Park East (a.k.a. J.D. Hamel Park), and BayfrontRecreational Trail are significant resources to the City of Sarasota. Significance means that in comparingthe availability and function of the recreation area, park or wildlife and waterfowl refuge area with therecreational, park and refuge objectives of that community, the land in question plays an important rolein meeting those objectives.”

If you have any questions about this or require any additional information, please do not hesitate tocontact myself, Bill Howell (813-357-3734), or FDOT’s Project Manager David C. Turley (863-519-2255).

Kevin

Kevin M. ConnorSenior Environmental ManagerLOCHNER4350 W. Cypress Street, Suite 800Tampa, FL 33607D 813.357.3723P 813.357.3750F [email protected]://www.hwlochner.com

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From: Alexandrea DavisShaw <[email protected]>Sent: Tuesday, May 08, 2018 9:28 AMTo: Connor, KevinSubject: RE: US 41 at Ringling Blvd. & Main St., Sarasota County - Section 4(f) (433225-

1-22-01)

HI:

Thank you for the follow-up. I am working on this and should have something for you in a day or two.

Alex

From: Connor, Kevin <[email protected]>Sent: Friday, May 4, 2018 10:55 AMTo: Alexandrea DavisShaw <[email protected]>Subject: FW: US 41 at Ringling Blvd. & Main St., Sarasota County - Section 4(f) (433225-1-22-01)

Alex,

Just following up to see if you have been able to forward my request to Mr. Barwin. His response can beas simple as an email reply saying I concur.

Thanks

Kevin

Kevin M. ConnorSenior Environmental ManagerLOCHNER4350 W. Cypress Street, Suite 800Tampa, FL 33607D 813.357.3723P 813.357.3750F [email protected]://www.hwlochner.com

From: Connor, KevinSent: Monday, April 16, 2018 3:33 PMTo: 'Alexandrea DavisShaw' <[email protected]>Cc: Howell, Bill <[email protected]>; '[email protected]'<[email protected]>; 'Bennett, Jonathon' <[email protected]>Subject: US 41 at Ringling Blvd. & Main St., Sarasota County - Section 4(f) (433225-1-22-01)

Alex,

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As you know, the Florida Department of Transportation (FDOT) is conducting a Project Development andEnvironment (PD&E) study to evaluate potential environmental effects associated with improvements toUS 41 at Ringling Boulevard and Main Street, in Sarasota, Florida.

As part of the evaluation of publically owned lands in accordance with Section 4(f) of the Department ofTransportation Act of 1966, on October 28, 2016, Mr. Thomas W. Barwin, City Manager for the City ofSarasota, concurred with FDOT’s evaluation that Bayfront Park and Marina, Bayfront Park East (a.k.a.J.D. Hamel Park), and Bayfront Recreational Trail are significant resources to the City of Sarasota.

FDOT has updated the PD&E Manual and revised the language needed for this concurrence. We areagain seeking concurrence from Mr. Barwin utilizing the revised language. Could you please assist us andfacilitate a reply to this email from Mr. Barwin that he concurs with the following statement:

“I concur that the Bayfront Park and Marina, Bayfront Park East (a.k.a. J.D. Hamel Park), and BayfrontRecreational Trail are significant resources to the City of Sarasota. Significance means that in comparingthe availability and function of the recreation area, park or wildlife and waterfowl refuge area with therecreational, park and refuge objectives of that community, the land in question plays an important rolein meeting those objectives.”

If you have any questions about this or require any additional information, please do not hesitate tocontact myself, Bill Howell (813-357-3734), or FDOT’s Project Manager David C. Turley (863-519-2255).

Kevin

Kevin M. ConnorSenior Environmental ManagerLOCHNER4350 W. Cypress Street, Suite 800Tampa, FL 33607D 813.357.3723P 813.357.3750F [email protected]://www.hwlochner.com

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address releasedin response to a public-records request, do not send electronic mail to this entity. Instead, contact thisoffice by phone or in writing. E-mail messages sent or received by City of Sarasota officials andemployees in connection with official City business are public records subject to disclosure under theFlorida Public Records Act.

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