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, District 1
Ms. Nicole Monies
801 N. Broadway Avenue
Bartow, Florida 33830
WATERWAY AND LOCATION:
The project would affect waters of the United States, including wetlands, associated with the Interstate 4 (I-4) wildlife crossing. The Florida Department of Transportation (FDOT) District 1 proposes to construct a wildlife crossing along Interstate 4 (I-4) east of State Road 557 (SR 557). The project entails constructing two new parallel bridges to serve as the wildlife crossing with associated wildlife fencing and roadway improvements to maintain traffic on I-4 during construction. The project is located in Sections 29, and 32, Township 26 South, Range 26 East in Polk City, Polk County, Florida.
Directions to the site are as follows: From downtown Orlando, take I-4 west approximately 28 miles to SR 557 in Polk City, Polk County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.186488°
Longitude – 81.732700° W
PROJECT PURPOSE:
Basic: Environmental enhancement.
Overall: The overall project purpose is to construct a new wildlife bridge crossing to enhance wildlife connectivity and wetlands across I-4 in Polk City, Polk County, Florida.
EXISTING CONDITIONS:
The project site exists within the I-4 corridor east of the SR 557 interchange. The entire project site is comprised of the I-4 Corridor east of SR 557 (FPID 201215-3). The project site is 31 acres, the following is a breakdown of the land uses within the project corridor:
Wetlands and other surface waters within the project comprise approximately 38% of the project and are located throughout the site consisting of ditches (510D), stormwater management areas (534), mixed wetland hardwoods (617), and wetland coniferous forests (620).
Ditches and storm water management areas are man-made, functioning stormwater systems associated with previously permitted construction of I-4. Both support herbaceous vegetation consisting of soft rush (Juncus effusus), smartweed (Persicaria punctata), marsh pennywort (Hydrocotyle umbellata), curly dock (Rumex crispus), marsh bedstraw (Galium triflorum), and Bermuda grass (Cynodon dactylon).
Mixed hardwood wetlands are located throughout the site and are comprised of vegetation that consists of laurel oak (Quercus laurifolia), sweetbay (Magnolia virginiana), red maple (Acer rubrum), American elm (Ulmus americana), sweetgum (Liquidamber styraciflua), and cabbage palm (Sabal palmetto), with a mid-story and understory of Virginia chain fern (Woodwardia virginica), wax myrtle, sawgrass (Cladium jamaicense), sand cordgrass (Spartina bakeri), pickerelweed (Pontederia cordata), and royal fern (Osmunda regalis).
Wetland coniferous forests comprise the largest amount of wetlands in the project. Vegetation in these areas consists of slash pine, laurel oak, American elm, red maple, cabbage palm, pond cypress (Taxodium ascendens), sweetgum, and red bay (Persea borbonia).
PROPOSED WORK:
The Florida Department of Transportation (FDOT) District 1 proposes to construct a wildlife crossing along Interstate 4 (I-4) east of State Road 557 (SR 557) in Polk City, Polk County, Florida. The project entails constructing two new parallel bridges to serve as the wildlife crossing with associated wildlife fencing and roadway improvements to maintain traffic on I-4 during construction. The total project area is approximately 31 acres, and requires dredging/filling of 12.09 acres of wetlands and 0.01 acre of other surface waters (OSW). Potential Secondary wetland impacts have also been assessed for 2.98 acres of acres of adjacent wetlands. The subject improvements would increase safety for both vehicles (general public) and wildlife and restore wildlife connectivity and enhance wetlands on a regional ecosystem level.
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 is in conformance with Executive Order 11990. During field investigations for the subject Project Development & Environment Study (PD&E) completed in 1998 and updated through reevaluation in 2002 and again in 2014, project environmental data was used to develop the current alignment that provides necessary roadway improvements, satisfies acceptable traffic engineering design standards, and avoids/minimizes impacts to significant environmental features to the greatest extent possible.
The use of silt screens and other turbidity prevention measures during construction will minimize impacts to adjacent wetlands and other surface waters.
COMPENSATORY MITIGATION:
The proposed wildlife crossing provides a unique and significant benefit to local and regional wildlife connectivity for upland and wetland dependent species. The wildlife crossing will reconnect severed habitats within the Hilochee Wildlife Management Area which provides direct ecologic benefit, compensating for unavoidable functional loss and wetland impacts associated with the construction of the crossing. Additionally, the applicant has purchased 0.76 forested credits from Boarshead Ranch Mitigation Bank. A credit reservation letter will be provided prior to permit issuance.
CULTURAL RESOURCES: Pursuant to 23 United States Code §327 and the implementing Memorandum of Understanding (MOU) executed on December 14, 2016, the FDOT has assumed and Federal Highway Administration (FHWA) has assigned its responsibilities under National Environmental Policy Act (NEPA) for highway projects. Consistent with law and the MOU, FDOT will be the Lead Federal Agency for highway projects with approval authority resting in the Office of Environmental Management (OEM). As the lead agency with assigned NEPA authority, FDOT has assessed the project site for historic property/properties within, or in close proximity to, the permit area and determined there are no historic properties. FDOT prepared a Cultural Resources Assessment Survey (CRAS) Technical Memorandum Update and consulted with the State Historic Preservation Office and Florida Division of Historical Resources and received concurrence of the “No Historic Properties” dated March 5, 2019.
ENDANGERED SPECIES:
As the Lead Federal Agency with assigned NEPA authority, FDOT has assessed the project site for Federally listed species using the FWS Information for Planning and Consultation (IPaC) web site, plus information provided by the applicant, and all available Programmatic Keys for protected species for purposes of compliance with Section 7 of the ESA of 1973 (as amended).
FDOT has determined that the proposed project may affect, but is not likely to adversely affect, the Eastern indigo snake (Drymarchon corais couperi), American wood stork (Mycteria americana), blue-tail mole skink (Eumeces egregius lividus), and sand skink (Neoseps reynoldsi).
FDOT has also determined that the proposed project would have “no effect” on the Everglade snail kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Polyborus plancus audubonii), Florida grasshopper sparrow (Ammodramus savannarum floridanus), and Florida scrub-jay (Aphelocoma coerulescens).
FDOT consulted with the FWS for the effect’s determinations on the above listed species and received concurrence dated May 7, 2020.
ESSENTIAL FISH HABITAT (EFH):
As the Lead Federal Agency with assigned NEPA authority, FDOT has assessed the project site for EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. FDOT has determined the site does not contain EFH and determined that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the South Atlantic Region. [KAACUC(1]
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 North Branch, Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida, 32407 within 15 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 proposal should be directed to the project manager, Cynthia Ovdenk, in writing at 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida, 32407; by electronic mail at cynthia.d.ovdenk@usace.army.mil; or, by telephone at (850) 287-2045.
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.