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’s Turnpike Enterprise
c/o Annemarie Hammond, Environmental Permits Coordinator
Post Office Box 613069
Ocoee, Florida 34761
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the C-51, E-2W, L-5, and CPB-22 Canals. The project is located along approximately 7 miles of State Road (SR) 91 between the West Palm Beach Service Center to just north of State Road 704 (Mile Post (MP) 94.5 to MP 101.4) in Sections 4, 5, 8, 17, and 20, Township 44 South, Range 42 East; and Sections 15, 22, 27, 28, and 33, Township 43 South, Range 42 East in Palm Beach County, Florida.
Directions to the site are as follows: From Palm Beach International Airport, take State Road (SR) 80 (Okeechobee Boulevard) west to Florida’s Turnpike (SR 91). The project begins approximately 1 mile north of Okeechobee Boulevard and extends south to approximately 1.25 mile south of Forest Hill Boulevard.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.68489°
Longitude: -80.15777°
PROJECT PURPOSE:
Basic: Roadway capacity improvements.
Overall: Improve capacity of Florida’s Turnpike (State Road 91) in the project area by widening the roadway from 4 lanes to 8 lanes.
EXISTING CONDITIONS: The proposed project area contains an existing 4-lane split roadway and existing freshwater canals (C-51, E-2W, L-5, and CPB-22 Canals). Southbound Turnpike Bridge Number 931004 crosses over the C-51 Canal. The surrounding area is highly developed and includes a mixture of single and multi-family residential, commercial, industrial, governmental, and other uses. Forested and herbaceous freshwater wetlands exist in the vicinity of the project area but are not proposed for impact.
PROPOSED WORK: Florida’s Turnpike Enterprise (Enterprise) is proposing to widen SR 91 between the West Palm Beach Service Plaza to just north of SR 704 (MP 94.5 to MP 101.4) from four lanes to eight lanes. The project is approximately seven miles long and is located entirely within Palm Beach County. SR 91 in this location is currently a 4-lane divided roadway. Due to the large overall scope of the original design contract, the project has been divided into two separate construction projects. Financial Project Identification Number (FPID) No. 406143-5 (406143-5) extends from the southern terminus to just north of Belvedere Road whereas FPID No. 406143-8 (406143-8) extends from the northern terminus of the 406143-5 project to just north of SR 704. Since the stormwater management design developed during the initial stages of these two projects are interdependent, these two construction projects are being reviewed for a single permit.
The applicant seeks authorization to impact approximately 38.15 acres of other surface waters (canals and man-made ponds), including approximately 4.65 acres of dredging, 33.5 acres of discharge of fill material including fill to widen the roadway and installation of riprap canal bank stabilization, widening of the bridge over the C-51 Canal, and directional drilling to install a utility line under the C-51 Canal.
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:
Avoidance and minimization were accomplished by limiting the proposed widening of the roadway to existing right-of-way adjacent to the existing roadway. No wetland impacts are proposed. Proposed impacts are limited to man-made, steep-sided, other surface waters (canals and previously permitted stormwater management facilities). Other minimization efforts include the use of best management practices such as turbidity curtains and other erosion and sedimentation controls to prevent sedimentation of adjacent and downstream waterbodies.
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
The project does not include impacts to special aquatic sites, including wetlands. Therefore, no compensatory mitigation is proposed.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
The State Historic Preservation Office provided the following statement by letter dated December 21, 2007, for the project: “Based on the nature and location of the proposed project and after a review of our records, our office finds that no historic properties will be affected.”
ENDANGERED SPECIES:
The Corps has identified several listed species that may be located within the project area and has made the following determinations regarding the effect that the proposed project may have to the species or their designated critical habitat:
Florida bonneted bat: The Corps used the 2019 Florida Bonneted Bay Key to make the determination that the project would have no effect on the Florida bonneted bat. The key sequence is: 1a-2b-13b-No Effect.
Wood stork: The Corps used the 2010 Wood Stork Key for South Florida to make the determination that the project may affect but is not likely to adversely affect the wood stork. The key sequence is: A-B-C-E-NLAA.
Eastern indigo snake: The Corps used the 2010 Eastern Indigo Snake Programmatic Effect Determination Key to make the determination that the project may affect but is not likely to adversely affect the eastern indigo snake. The key sequence is: A-B-C-NLAA.
Eastern black rail and Everglade snail kite: The Corps has determined that the project would have no effect on the Eastern black rail or Everglade snail kite because there is no suitable habitat for these species in the project area.
The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act, if necessary.
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 because the project proposes to impact internal freshwater canals. 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.
Navigation: The proposed roadway widening improvements are not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.
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.
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, 415 Richard Jackson Boulevard, Panama City Beach, Florida 32407 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, Heather M. Mason, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Panama City Beach, Florida 32407; by electronic mail at Heather.M.Mason@usace.army.mil; or, by telephone at (239) 850-2171.
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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification is required from the South Florida Water Management District (SFWMD). SFWMD issued permit number 50-108770-P for the project on October 10, 2023. Water Quality Certification was provided in the permit.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. SFWMD issued permit number 50-108770-P for the project on October 10, 2023.
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