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: Florida Department of Transportation (FDOT), District 5
Attn: Ms. Casey Lyon
719 South Woodland Blvd.
Deland, Florida 32720
WATERWAY AND LOCATION: The project is located in waters of the United States (freshwater wetlands) associated with Bonnet Creek and Reedy Creek that flow to Lake Hatchineha, a Traditional Navigable Waterway. The project site is located along Interstate 4 (I-4) from West of CR 532 (Polk/Osceola County Line) to East of Osceola Parkway (Osceola/Orange County Line), a distance of approximately 8 miles, in Township 25 South, Section 12, 13, 14, 22, 23, 24, 26, 27, 33, and 34, Range 27 East and Sections 4, 5, 6, 7, 8, and 18, Range 28 East, Osceola County, Florida.
Directions to the site from Jacksonville are as follows: Exit I-95 onto I-4. Head west on I-4 for approximately 65 miles to Osceola Parkway. The project begins at Osceola Parkway.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.301632°
Longitude -81.574111°
PROJECT PURPOSE:
Basic: Linear transportation improvements.
Overall: The overall project purpose is to construct roadway improvements within the I-4 corridor to reduce congestion, improve traffic operations, and improve public safety in northwestern Osceola County.
EXISTING CONDITIONS: The existing I-4 corridor consists of an existing six (6) lane divided urban interstate. The existing land use can be characterized as transportation, with residential, commercial, utility facilities, cleared land with the intent to develop, and golf courses immediately adjacent to the corridor. Other land use types found within the project corridor include herbaceous uplands and wetlands, forested uplands and wetlands, lakes, ditches, swales and water retention areas. The wetland systems within the project area consist of approximately 31.0 acres of freshwater forested and herbaceous systems. The onsite vegetation within the wetlands includes slash pine (Pinus elliottii), black gum (Nyssa aquatica), bald cypress (Taxodium distichum), sweetgum (Liquidambar styraciflua), sweet bay (Magnolia virginiana), red maple (Acer rubrum), fetterbush (Lyonia lucida), cinnamon fern (Osmunda cinnamomea), and netted chainfern (Woodwardia aerolata). The existing area surrounding the project area consists of pine and mesic oak habitat. The onsite vegetation includes slash pine, loblolly pine (Pinus taeda), southern magnolia (Magnolia grandiflora), live oak (Quercus virginiana), laurel oak (Quercus laurifolia), water oak (Quercus nigra), saw palmetto (Serenoa repens), gallberry (Ilex glabra), and bracken fern (Pteridium aquilinum). Approximately 86.3 acres of other surface waters occur within the project area and consist of a mix of streams and waterways, reservoirs, and stormwater conveyance ditches and ponds.
The land uses were classified according to the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (FDOT, 1999).
Upland Communities:
FLUCFCS 134: Multiple Dwelling Units, High Rise. This habitat is typically classified as multiple dwelling units per acre, such as condominium or apartment complexes. The occurrence of this land use type within the project area is minimal and located adjacent to the 429/I-4 interchange.
FLUCFCS 139: High Density Under Construction. This habitat is typically classified as multiple dwelling units per acre, such as condominium or apartment complexes that are under construction. The occurrence of this land use type within the project area is minimal and located adjacent to the 429/I-4 interchange.
FLUCFCS 140: Commercial and Services. This area consists of the businesses located at several locations along the project corridor, including the CR 532 interchange, SR 417 interchange, CR 530 interchange, and the Osceola Parkway interchange.
FLUCFCS 149: Commercial Services Under Construction. This area consists of businesses under construction that are located at the Osceola Parkway interchange.
FLUCFCS 170: Institutional. This area consists of a medical facility located along the north side of SR 417.
FLUCFCS 182: Golf Courses. These areas are associated with golf course communities within the Reunion planned development, located between Champions Gate and SR429.
FLUCFCS 185: Parks and Zoos. These areas are associated with a sports complex located near the northwest corner of the I-4 and CR 192 interchange.
FLUCFCS 190: Open Land. This category covers several areas consisting of narrow strips of unused land located along the edge of the R/W throughout the project area.
FLUCFCS 211: Improved Pasture. These areas are located along the west side of I-4, northeast of the 429 interchange. This cover type includes land that has been cleared, tilled and reseeded with specific grass types and periodically improved with brush control and fertilizer application. A portion of this area appears to be the upland buffer surrounding pond site 109.
FLUCFCS 221: Citrus Groves. This category covers a small area along the northeast corner of the I-4 and CR 532 interchange that appears to consist of an abandoned grove.
FLUCFCS 320: Shrub and Brushland. This category covers a small area located along the southwest corner of the I4 and World Drive interchange. This cover type consists of upland prairie grasses that occur on non-hydric soils but may occasionally be inundated by water. Vegetation consists of a variety of grasses, sedges, and rushes with patches of saw palmetto (Serenoa repens).
FLUCFCS 410: Upland Coniferous Forest. This category covers a several small areas along the edge and within the median of I-4. These areas are dominated by slash pine (Pinus elliottii) and longleaf pine (Pinus palustris), with gallberry (Ilex glabra) and saw palmetto.
FLUCFCS 411: Pine Flatwoods. This category covers a several small areas near the I-4/World Drive interchange and I-4/Osceola Parkway interchange. These areas are dominated by slash pine and longleaf pine.
FLUCFCS 420: Upland Hardwood Forest. This category covers a one small area near along the I-4 just east of the SR 429 interchange. These areas are dominated by laurel oak and cabbage palm, with gallberry and saw palmetto.
FLUCFCS 814: Roads and Highways. This category covers the majority of the project area and consists primarily of I-4 ROW and the intersecting highways and roads within the project corridor. The I-4 ROW consists of approximately 25 to 50 feet of grassed median on both the east and west sides of the road.
Wetland Communities and Surface Waters:
FLUCFCS 512: Streams and Waterways. This category covers the areas where Bonnett Creek and Reedy Creek intersect the project. Reedy Creek intersects the project area between the SR 429 and World Drive interchanges. Bonnet Creek intersects the project area at the intersection of I-4 and Osceola Parkway. Approximately 0.25 acres of this system occur within the I-4 ROW. The Osceola Parkway. The surrounding land uses consist of wetlands, maintained ROW, and roads and highways.
Reedy Creek is of moderate to high quality, consisting of open water, with its associated floodplain comprised of red maple, American elm, and elderberry. This system receives runoff from the adjacent roads and highways, maintained ROW, and associated floodplain. Reedy Creek is known to support foraging wetland dependent species.
Bonnet Creek is a low-quality upland-cut system that is a tributary of Reedy Creek and crosses I-4 at the Osceola Parkway/I-4 interchange. Approximately 0.38 acres of Bonnet Creek lie within the I-4 ROW. Bonnet Creek is controlled at several locations by man-made structures. Dominant features present includes open water with floating duckweed, maintained berms with scattered slash pine, red maple, wax myrtle, and primrose willow. The surrounding land uses consist of wetlands, stormwater management ponds, open land, upland forests, golf courses, resorts, residential and commercial developments, and roads and highways. This system is known to support foraging wetland dependent species.
FLUCFCS 530: Reservoirs. These systems are best characterized as stormwater management ponds either with well-defined maintained banks and control structures, or stormwater management ponds with defined littoral zones and control structures. Surrounding land use types consist of ramps, roads and highways, forested/herbaceous wetlands and OSWs, commercial and residential development, open land and upland forests. These systems are mostly composed of open water with maintained banks. However, ruderal and weedy vegetation (ragweed, dog fennel, Mexican clover (Richardia scabra), etc.) were occasionally observed within the littoral zone or along the berms, as well as Carolina willow, primrose willow, wax myrtle, elderberry, common reed (Phragmites australis), cattail, duck potato, torpedo grass, taro, and sedges. These systems provide treatment and/or floodplain compensation for the existing I-4 travel lanes and/or commercial and/or residential developments.
FLUCFCS 617: Mixed Wetland Hardwoods. This cover type consists of the wetland hardwood communities that abut the I-4 project corridor. These communities consist of a variety of hardwood species that are tolerant of hydric conditions including but not limited to red maple, sweet gum (Liquidambar styraciflua), water oak (Quercus nigra), dahoon holly (Ilex cassine), and laurel oak (Quercus laurifolia).
FLUCFCS 621: Cypress. This cover type consists of the forested wetland communities that abut the I-4 project corridor between at varying locations. Canopy dominated by bald cypress (Taxodium distichum), with sweet bay, red maple, and sweet gum.
FLUCFCS 630: Wetland Forested Mixed. This cover type consists of the forested wetland communities that abut the I-4 project corridor between the SR 429 interchange and CR 530 interchange. Species typically include bald cypress, sweet bay, red maple, sweet gum, pond pine (Pinus serotina), black gum (Nyssa sylvatica), slash pine and laurel oak.
FLUCFCS 641: Freshwater Marshes. This community type is sparsley located throughout the I-4 project corridor and consists primarily of relatively small isolated systems. Typical species present in these systems include, maidencane (Panicum hemitomon), pickerelweed (Pontederia cordata), arrowhead (Sagittaria latifolia), spike rush (Eleocharis sp.), bulrush (Scirpus sp.), cattail (Typha sp.) and goldenrod (Solidago sp.) with Carolina willow (Salix caroliniana) and primrose willow (Ludwigia sp.) along the margins.
PROPOSED WORK: The applicant seeks authorization discharge fill material over 31.0 acres of waters of the United States (wetlands) to widen approximately 8 miles of SR 400 (I-4) from West of CR 532 to East of Osceola Parkway. The FDOT will widen the existing six-lane divided highway to a 10-lane divided highway. The highway will have three 12-foot general use travel lanes with 10-foot inside and 12-foot outside shoulders and two 12-foot express lanes with 4-foot inside and 10-foot outside shoulders in each direction. Twelve-foot auxiliary lanes will be provided in some areas in both the eastbound and westbound directions. A 44-foot rail envelope in the median within a minimum 300-foot right of way will also be included (FPN 431456-1-52-01).
AVOIDANCE AND MINIMIZATION INFORMATION – This project has been designed to avoid and minimize wetlands to the greatest extent practicable. Avoidance and minimization measures have been implemented for this project in both the Planning, Development & Environmental (PD&E) Study phase and design phase. Roadway design criteria set forth by the FDOT and the American Association of State Highway and Transportation Officials (AASHTO) limit opportunities to avoid or minimize adverse wetland impacts within the existing I-4 ROW. In addition, areas proposed for impact are already considered to be of low to moderate quality and although these systems are hydrologically connected, they remain generally isolated from larger more regionally significant systems or have been constructed through upland soils. A large percentage of the jurisdictional communities within the site have been altered or have experienced degradation by the presence of the existing I-4 travel lanes, routine maintenance of the ROW and general edge effect experienced by wetlands near disturbed environments. Site planning modifications included the use of existing stormwater management ponds, relocation and/or reconfiguration of proposed stormwater management ponds to avoid impacts to jurisdictional wetlands to the greatest extent practical while maintaining safety and function.
COMPENSATORY MITIGATION – The applicant proposed the purchase of 17.8 Modified Wetland Rapid Assessment Procedure (M-WRAP) credits (15.8 forested and 2.0 herbaceous) from Reedy Creek or Florida Mitigation Banks.
CULTURAL RESOURCES: 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 (SHPO) and those federally recognized tribes with concerns in Florida and the Permit Area. A Cultural Resources Assessment Survey was conducted by others during the PD&E Study in 2014. Results of the survey indicated that the proposed project would have no effect on resources listed or eligible for listing in the NRHP. The survey results were subsequently submitted to the Division of Historical Resources on April 28, 2016 for evaluation and concurrence, the response dated June 23, 2016 indicated SHPO concurrence with the survey findings.
ENDANGERED SPECIES: The project is located within the U.S. Fish and Wildlife Service’s (FWS) Consultation Areas for Florida scrub jay (Aphelocoma coerulescens), Everglade snail kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Polyborus plancus audubonii), wood stork (Mycteria americana), sand skink (Neoseps reynoldsi) red-cockaded woodpecker (Picoides borealis), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), and Eastern indigo snake (Drymarchon corais couperi)
The Corps has determined the proposed project is not likely to adversely affect the Eastern Indigo snake (Drymarchon corais couper) and wood stork (Mycteria americana).
Eastern Indigo snake: The potential impacts to the endangered Eastern Indigo snake were evaluated using The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C > D > E “not likely to adversely affect” the Eastern Indigo snake. This due to the existence of less than 25 potentially occupied and abandoned gopher tortoise burrows observed within the project area. Also the applicant proposes to follow the FWS approved Standard Protection Measures for the Eastern Indigo Snake during the clearing and construction phases of the project.
Wood Stork: This species typically inhabits freshwater and brackish wetlands, primarily nesting in cypress and mangrove swamps. They can be found foraging in shallow water in freshwater marshes, wet prairies, narrow tidal creeks, and flooded tidal pools, as well as roadside ditches and pasturelands. The proposed project is within the buffer of two wood stork nesting colonies. Also the proposed project would impact greater than 0.5 acre of wetlands and surface waters which exhibit the parameters of suitable foraging habitat for the wood stork. Based upon review of the Wood Stork Key for South Florida, dated May 18, 2010, the proposed project resulted in the following sequential determination: A > B > C > D > E = “not likely to adversely affect” the wood stork. This is due to the applicant proposing to provide mitigation at an approved mitigation bank which is within the appropriate CFA and of matching hydroperiod of the proposed impacts, and the project is not contrary to the Habitat Management Guidelines for the Wood Stork in the Southeast Region. Given the above information, the Corps has determined that the proposed project may affect, but is not likely to adversely affect the wood stork.
The Corps has determined the proposed project will have no effect on the Everglades snail kite (Rostrhamnus sociabilis plumbeus) red-cockaded woodpecker (Picoides borealis), Audubon’s crested caracara (Polyborus plancus audubonii), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), and Florida scrub jay (Aphelocoma coerulescens).
Snail kite: Kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. Emergent vegetation, including spike rushes, maidencane, and bulrushes, are important components of habitat because they allow apple snails to occupy the area. Dense, thick vegetation is not optimal for snail kite foraging because kites cannot readily see apple snails to capture them, and if vegetation is too sparse, apple snails may not be able to survive or reproduce. Kites nest in a variety of vegetation types, including both woody vegetation such as willows, cypress, pond apple, and even exotic invasive species such as melaleuca. Kites usually nest over open water, and this helps protect nests from mammalian predators such as raccoons. Nests can be very well hidden, or quite obvious. The height of a nest is usually about 1-3 meters above the water. Kites almost always nest in areas with good foraging habitat nearby, and most foraging occurs in marshes immediately surrounding the nest. Its preferred habitat is lowland freshwater marshes mostly in the watersheds of the Everglades, Lakes Okeechobee and Kissimmee, and the upper St. Johns River. Critical habitat was designed for the snail kite in 1977, but it’s located well south of the project. This species is greatly affected by water levels, dispersing great distances during drought years. There is no documentation of this species in or near the project, nor is suitable habitat located in or near the project, therefore the Corps determination for the proposed project is “no effect” to the snail kite.
Red-cockaded Woodpecker: The project area consists of an existing roadway and wetlands. The woodpecker live and forage in mature pine forests, specifically those with longleaf pines averaging over 80 to 120 years old and loblolly pines averaging 70 to 100 years old. The red-cockaded woodpeckers live in groups with a breeding pair and as many as four helpers, usually male offspring from the previous year. Each group needs about 200 acres of old pine forest to support its foraging and nesting needs. Therefore the Corps determination for the proposed project is “no effect” to the woodpecker.
Audubon’s crested caracara: Although the project area is within the consultation area for the caracara, the wetland impacts are linearly adjacent to the existing roadway and the birds are now rarely found as far north as Orlando. Also, no foraging or nesting/denning habitat occurs in the project area for this species, therefore the Corps determination is that the project would have “no effect” on these species.
Sand Skink: According to information provided by the applicant sand skink surveys were performed in March and April 2018. Surveys were performed in coordination with USFWS and in accordance with the USFWS survey protocol. Results indicated that no sand skinks or sand skink tracks were observed and that the subject property did not contain occupied sand skink habitat. The USFWS issued a concurrence letter approving the findings on May 22, 2018. Therefore the Corps determination for the proposed project is “no effect” to the sand skink.
Sparrow: The sparrow habitat consist of large, treeless, relatively poorly-drained grasslands that have a history of frequent fires. This species occurs in prairies dominated by saw palmetto and dwarf oaks ranging from 30 to 70 centimeters in height. Bluestem grasses, St. John’s wort, and wiregrasses are also components of grasshopper sparrow habitat. The project area is described in the existing conditions of this public notice and does not support sparrow habitat. Therefore, the Corps determination for the proposed project is “no effect” to the sparrow.
Scrub jay: The Florida scrub-jay lives only in the scrub and scrubby flatwoods habitats of Florida. This type of habitat grows only on nearly pure, excessively well-drained sandy soils, and occurs along present coastlines in Florida, on paleodunes of the high central ridges and other ancient shorelines of the Florida Peninsula, and inland on scattered alluvial deposits bordering several major rivers. No appropriate habitat for the species exists near the project area, and none were observed during listed species surveys or other field work conducted by the applicant’s consultant. The project abuts the existing I-4 corridor which is surrounded by residential and commercial development and wetlands, severely restricting colonization by emigrating birds from outside colonies. Therefore, the Corps has determined that the proposed project would have “no effect” on this species.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the unnamed wetlands. 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 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, Post Office Box 4970, Jacksonville, Florida 32232 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, Mr. Randy Turner, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232, by electronic mail at Randy.L.Turner@usace.army.mil, by fax at (904) 232-1904, or by telephone at (904) 232-1670.
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 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.