Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2018-01696(SP-LSL)

Published Aug. 30, 2018
Expiration date: 9/28/2018
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: Florida Department of Transportation (FDOT) – District 1
                      ATTN: Ms. Nicole Monies
                      801 North Broadway Street
                      Bartow, Florida 33830

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Peace Creek. The project site is located at the United States (US) 27 and State Route (SR) 67 Interchange in Sections 2, 3, and 10, Township 30 South, Range 27 East, Lake Wales, Polk County, Florida.

Directions to the site are as follows: From Interstate (I) 4, take Exit 27 for Florida (FL) – 570 East for 10 miles. Take Exit 10 for US-98 South. Continue on US 98 South for 8 miles, then turn right on FL-60 East. Continue on SR 60 for 14 miles to the US 27 and SR 60 Interchange.

APPROXIMATE CENTRAL COORDINATES: Latitude     27.895616°
                                                                         Longitude -81.599874°

PROJECT PURPOSE:

Basic: Road improvements.

Overall: Construction of capacity, alignment, and safety improvements for an existing interchange at United States 27 and State Route 60 in Polk County, Florida.

EXISTING CONDITIONS: The wetland system consists of 3 freshwater systems. The first system is designated as Palustrine, Emergent, Persistent, Seasonally Flooded, Excavated (PEM1Cx) and Palustrine, Scrub-shrub, Persistent, Seasonally Flooded, Excavated (PSS1Cx). This habitat type includes rivers, creeks, canals, and other linear water bodies. Within the project area, the streams and waterways habitat consists ditches running parallel or perpendicular to US 27 or SR 60. Nine other surface waters identified in the project area are classified as freshwater streams and waterways. These areas are man-made and used to convey stormwater from US 27 and SR 60. Vegetation within these areas includes blue maidencane (Amphicarpum muehlenbergianum), false daisy (Eclipta prostrata), Peruvian primrose-willow (Ludwigia peruviana), red ludwigia (Ludwigia repens), maidencane (Panicum hemitomon), water pennywort (Hydrocotyle umbellata), soft rush (Juncus effusus), and smartweed (Persicaria spp.). There are 1.44 acres of ditches located within the proposed right-of-way and 1.26 acres within the limits-of-construction.

The second system is designated as Lacustrine, Littoral, Unconsolidated shore, Vegetated, Permanently Flooded (L2US5H) and Lacustrine, Littoral, Unconsolidated bottom, Sand, Permanently Flooded (L2UB2H). This classification includes extensive inland water bodies, excluding reservoirs. Within the project area, this classification includes two (2) lakes, Lake Altamana and Lake Weader, on the east side of US 27 at the southern and northern limits of the project, respectively. Lake Weader is comprised of open water and maintained up to the water’s edge. Vegetation around the perimeter of Lake Altamana consisted of Peruvian primrose willow, Carolina willow (Salix caroliniana), cattail (Typha sp.), and maidencane. There are 0.26 acres of lakes located within the proposed right-of-way and none within the limits-of-construction.

The third system is designated as Palustrine, Emergent Marsh, Persistent, Seasonally Flooded) (PEM1C). This wetland habitat type consists of areas dominated by herbaceous wetland plant species. Within the project area, this community type is located on the west side of US 27, south of SR 60. Vegetation within this community type is comprised of duckweed (Lemna spp.), torpedograss (Panicum repens), and various sedges (Cyperus spp.) with Peruviana primrose willow, Carolina willow, Chinese tallow (Triadica sebifera), and Brazilian pepper (Schinus terebinthifolia) also present. There are 0.45 acres of freshwater marsh habitat located within the proposed right-of- way and 0.08 acres within the limits-of-construction.

The existing area surrounding the project area consists of commercial and residential communities.

PROPOSED WORK: The applicant seeks authorization to increase the capacity of US 27 and SR 60. US 27 would be widened from a 4-lane rural typical to a 6-lane suburban typical section. The suburban typical section would consist of 11’ lanes with 6.5’ paved inside shoulders and 7’ paved outside shoulders. The outside would be designated as a buffered bicycle lane. A closed drainage system would be constructed as well as 6’ sidewalks behind the curb and gutter to remain inside the existing ROW. The existing SR 60 cloverleaf interchange would be reconstructed to a single point urban interchange. A new single span bridge would be constructed over US 27.

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 was designed to avoid and minimize construction in wetlands where practical. Unavoidable wetland impacts would result from the project and are necessary to accommodate transportation safety standards for side slopes, turn radius, additional lanes, and roadway widths. Impacts to wetlands are unavoidable due to their location within the existing right-of-way (ROW). Wetland impacts have been minimized to the extent possible by selecting pond sites within existing roadway ROW and construction of a stormwater management system which meets state water quality criteria, minimizing water quality impacts from stormwater discharges from road and bridge surfaces.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant proposes to purchase 0.07 credits of freshwater herbaceous federal mitigation bank credits in order to mitigate for the direct impacts to 1.34 acres of wetlands and surface waters and secondary impacts to 0.30 acre to wetlands. The purchase of these mitigation bank credits is also proposed to offset the loss of suitable foraging habitat (SFH) for the wood stork.

CULTURAL RESOURCES: The project was reviewed by the Federal Highway Administration and the State Historic Preservation Office (SHPO) during the Project Development and Environment Study (PD&E) phase. The findings during PD&E Study phase were that the project would have no effect on any archaeological sites or historic resources that are listed, determined eligible or appear to be potentially eligible for listing. By letter dated October 30. 2017, the SHPO concurred with the findings of no effect (Project File Number 2014-2658B).

ENDANGERED SPECIES: The U.S. Fish and Wildlife Service (USFWS) issued a Biological Opinion on May 21, 2015. It is the USFWS’ biological opinion that the project as proposed is not likely to jeopardize the continued existence of the Florida scrub jay, sand skink, blue-tailed mole skink, scrub buckwheat, papery whitlow-wort, pygmy fringe-tree, short-leaved rosemary, sandlace and scrub plum. In addition, the USFWS concurred with the determination the project may affect, but is not likely to adversely affect the Florida grasshopper sparrow, Everglades snail kite, Florida bonneted bat, Florida panther, Eastern indigo snake, and wood stork.

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.

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 Panama City Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405 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, Mrs. Lisa S. Lovvorn, in writing at the Panama City Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405; by electronic mail at lisa.s.lovvorn@usace.army.mil; by facsimile transmission at (850) 872-0231; or, by telephone at (850) 763-0717, extension 27.

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 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

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 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.