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 1
Attn: Mr. Brent Setchell
801 N. Broadway Avenue
Bartow, Florida 33830
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Peace Creek Drainage Canal. The project site is located along SR 60, and extends approximately 1 mile in length, in Sections 1 and 6, Township 30 South, Ranges 26 and 27 East, Bartow, Polk County, Florida.
Directions to the site are as follows: From the intersection of US 98 and SR 60 in Bartow, head east on SR 60. Arrive at the beginning of the project in approximately 10.8 miles.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.904348°
Longitude - 81.663141°
PROJECT PURPOSE:
Basic: The basic project purpose is linear transportation.
Overall: The overall project purpose is to improve the existing State Road (SR) 60 roadway over the CSX railroad in order to facilitate a constant flow of traffic, without disruption at the railroad crossing, as truck traffic and rail use increases due to projected traffic and train transport demands within this region of Polk County.
EXISTING CONDITIONS: The following information regarding existing site conditions is provided by the applicant: The project area is approximately 64.39 acres. Approximately 47.55 acres are currently owned by FDOT. Minor right-of-way (ROW) acquisition to accommodate the improvements will be required. The major land use within the existing ROW is Transportation (810) at approximately 26%. The next highest land use is Hardwood Conifer Mixed (434) at 45% due to the proposed stormwater management facility (SMF) parcels. Although Residential (110) land use is mapped in both the proposed and existing ROW, this land use is historic and the land area is currently vacant with no buildings on-site. There are no residential relocations. Wetlands and surface waters occurring within the project area include disturbed herbaceous and shrubby wetlands located along roadside drainage ditches that function as conveyance for SR 60. The Peace Creek Drainage Canal is ultimately connected to the Peace River to the west. The existing land use Florida Land Use, Cover and Forms Classification System (FLUCFCS) codes within the proposed project boundaries, as mapped by Southwest Florida Water Management District (SWFWMD), are as follows:
Residential Low Density < 2 acres Dwelling Units (110): 5.44 acres in existing ROW (8%)
Industrial (150): 2.18 acres in existing ROW (3%)
Tree Crops (220): 0.79 acre in existing ROW (1%)
Other Open Lands <Rural> (260): 0.31 acre in existing ROW (1%)
Pine Flatwoods (411): 1.74 acres in existing ROW (3%)
Hardwood Conifer Mixed (434): 29.60 acres in existing ROW (45%)
Streams and Waterways (510): 2.80 acres in existing ROW (4%)
Mixed Wetland Hardwoods (617): 0.68 acre in existing ROW (1%)
Freshwater Marshes (641): 1.73 acres in existing ROW (4%)
Wet Prairies (643): 0.76 acre in existing ROW (1%)
Transportation (810): 16.96 acres in existing ROW (26%)
Utilities (830): 1.40 acres in existing ROW (3%)
The resources the applicant used to evaluate aquatic resource areas for this project included background research of literature, GIS data, U.S. Geological Survey (USGS) topographic maps, and current and historic aerials. Land use was mapped using FLUCFCS and GIS data layers from SWFWMD, and soils were mapped using GIS data layers from the Natural Resources Conservation Service (NRCS) for Polk County. Additionally, the National Wetland Inventory (NWI) GIS data layers were used as a reference. The applicant identified four wetlands that are proposed to be impacted by the project. Three are along the mainline (WL 2377 L, WL2380 L, and WL 2413 R), and one is within the limits of a SMF/pond (SFM E WL 1). Other identified wetlands were included in the descriptions below because of their proximity to the potential work; however, during design the wetlands were avoided.
WL 2377 L: FLUCFCS Code: 641 (freshwater marsh)/USFWS Classification: PEM1C (palustrine, emergent, persistent, seasonally flooded): This wetland is a small depressional, herbaceous wetland north of SR 60 at Station 2377 Left (L) and west of the Peace Creek Drainage Canal. Its total size is 0.03 acre with approximately 0.02 acre occurring within the ROW. Dominant vegetation is soft rush (Juncus effusus). Some invasive species are present, and disturbance by cattle grazing and hog rooting was noted. The wetland is seasonally flooded. This wetland meets the criteria for wood stork (Mycteria americana) suitable foraging habitat (SFH) and is classified as a Class 2 hydroperiod wetland (inundated for 60‐120 days per year). Soils in this area are mapped as Pamona fine sand (non‐hydric); however, on‐site soil conditions indicate hydric soils. Seasonal high water and normal pool elevations were set in this area. (Impacts are proposed to occur as a result of fill for the new sidewalk on the north and the reconfigured roadway design to allow for the frontage road to the south. Federal mitigation is proposed for impacts to wetland value and function and wood stork SFH impacts.)
WL 2380 L: FLUFCS Code: 641 (freshwater marsh)/USFWS Classification: PEM1C (palustrine, emergent, persistent, seasonally flooded): Wetland 2380 L is a small depressional, herbaceous wetland north of SR 60 at Station 2380 L and west of the Peace Creek Drainage Canal. Its total size is 0.25 acre, all occurring with the ROW. Dominant groundcover vegetation is saw grass (Cladium jamaicense) and dollarweed (Hydrocotyle umbellata). Laurel oak (Quercus laurifolia) provides scattered overstory. Some invasive species are present. The wetland is seasonally flooded. Evidence of hog rooting was noted which left open areas of disturbed soil throughout the wetland. This wetland provides SFH for the wood stork and is classified as a Class 2 hydroperiod wetland (inundated for 60‐120 days per year). Soils in this area are mapped as Felda fine sand and Pamona fine sand (non‐hydric); however, on‐site soil conditions indicate hydric soils. Seasonal high water and normal pool elevations were set in this area. (Impacts are proposed to occur as a result of fill from the mainline and dredging for Pond 1. Federal mitigation is proposed for impacts to wetland value and function and wood stork SFH impacts.)
WL 2413 R: FLUCFCS Code: 641 (freshwater marsh)/USFWS Classification: PEM1Cx (palustrine, emergent, persistent, seasonally flooded, excavated): Wetland 2413 R is a herbaceous, ditched edge of a larger wetland that is located south of SR 60 and east of CSX railroad tracks at Station 2413 Right (R). The wetland is approximately 5.5 acres in size with 0.26 acre occurring within the ROW. Within the ROW, the wetland is routinely mowed and has been disturbed by the incorporation of a swale for roadside drainage. Dominant herbaceous vegetation includes Bahia grass (Paspalum notatum), vasey grass (Paspalum urvillei), carpet grass (Axonopus sp.), and dollarweed. Just offsite, the wetland becomes shrubby and is vegetated with Carolina willow (Salix caroliniana) and primrose willow (Ludwigia peruviana). The wetland is seasonally flooded. No evidence of wildlife utilization was noted during field reviews. This wetland may occasionally provide SFH for the wood stork and is classified as a Class 2 hydroperiod wetland (inundated for 60‐120 days per year). Soils in this area are mapped as Kaliga muck (hydric) and Pamona fine sand (non‐hydric). Seasonal high water and normal pool elevations were set in this area. (Impacts are proposed to occur as a result fill for the roadway mainline slope. Federal mitigation is proposed for impacts to wetland value and function and wood stork SFH impacts.)
SMF E WL 1: FLUCFCS Code: 641 (freshwater marsh)/USFWS Classification: PEM1C (palustrine, emergent, persistent, seasonally flooded): This area is located within the limits for SMF Pond 3, east of the CSX railroad tracks and north of SR 60. The total size is 0.11 acre with 0.09 acre occurring within the ROW. Soils in this area are mapped as Pamona fine sand (non‐hydric). The area is a deep depression with a few Carolina willow and duckweed (Lemna minor) in a layer over the ground. At the time of the review no water was present. Substantial dumping has occurred here including tires and plastic debris. Wildlife observation consisted of tree frog species. This wetland provides occasional SFH for the wood stork and is classified as a Class 3 wetland (inundated for 120‐180 days per year). (Impacts are proposed to occur as a result of fill to accommodate the berm around SMF Pond 3. Federal mitigation is proposed for impacts to wetland value and function, and wood stork SFH impacts.)
SMF W WL 1: FLUCFCS Code: 641 (freshwater marsh)/USFWS Classification: PEM1Cx (palustrine, emergent, persistent, seasonally flooded, excavated): This area is located within existing ROW north of SR 60 and west of the Peace Creek Drainage Canal. The total size is 0.38 acre. The wetland is within the area evaluated for SMF Pond 1. However, the SMF was located elsewhere, and impacts to this wetland were avoided. Historically fill has been removed from this area which resulted in a lower ground elevation than the surrounding area, and wetland conditions have developed. Soils in this area are mapped as Pamona fine sand (non‐hydric); however, on‐site soil conditions indicate hydric soils. A long man‐made ditch provides a connection to the Peace Creek Drainage Canal to the east. Dominant ground cover vegetation includes carpet grass, blue maidencane (Amphicarpum muhlenbergianum), soft rush, and beakrushes (Rhynchospora spp.). Minimal invasive species were present. The wetland is seasonally flooded. No evidence of wildlife utilization was noted during field reviews. This wetland meets the definition of wood stork SFH. (No impacts are proposed for this location.)
SMF W WL 2: FLUCFCS Code: 641 (freshwater marsh)/USFWS Classification: PEM1Cx (palustrine, emergent, persistent, seasonally flooded, excavated): This herbaceous wetland area is located within existing ROW north of SR 60 and west of the Peace Creek Drainage Canal. The total size is 0.18 acre. The wetland is within the area evaluated for SMF Pond 1. However, the SMF was located elsewhere, and impacts to this wetland were avoided. Historically fill has been removed from this area which resulted in a lower ground elevation than the surrounding area, and wetland conditions have developed. Soils in this area are mapped as Pamona fine sand (non‐hydric); however, on‐site soil conditions indicate hydric soils, and dried algae mats were noted during one field inspection (June 2015). Dominant ground cover vegetation includes an overstory of scattered slash pine (Pinus elliottii), beakrushes, blue maidencane, red top grass (Panicum rigidulum), viviparous spike rush (Eleocharis vivipara), and milkwort (Polygala nana). The wetland is seasonally flooded. Evidence of feral hogs was noted. This wetland meets the definition of wood stork SFH. (No impacts are proposed for this location.)
SMF W WL 3: FLUCFCS Code: 627 (slash pine swamp forest)/USFWS Classification: PFO4Cx (palustrine, forested, needle‐leaved evergreen, seasonally flooded, excavated): This herbaceous wetland area is located within existing ROW north of SR 60 and west of the Peace Creek Drainage Canal. The total size is 0.59 acre. The wetland is within the area evaluated for SMF Pond 1. However, the SMF was located elsewhere, and impacts to this wetland were avoided. Historically fill has been removed from this area which resulted in a lower ground elevation than the surrounding area, and wetland conditions have developed. Soils in this area are mapped as Pamona fine sand (non‐hydric); however, on‐site soil conditions indicate hydric soils, and dried algae mats were noted during one field inspection (June 2015). Dominant ground cover vegetation includes an overstory of slash pine, carpet grass, camphor‐weed (Pluchea rosea), beakrushes. The wetland is seasonally flooded. Nuisance species included some blackberry (Rubus spp.) and tropical soda apple (Solanum viarum). Evidence of feral hogs was noted. This wetland meets the definition for wood stork SFH. (No impacts are proposed for this location.)
SMF W WL 4: FLUCFCS Code: 641 (freshwater marsh)/USFWS Classification: PEM1Cx (palustrine, emergent, persistent, seasonally flooded, excavated): This herbaceous wetland area is located within existing ROW north of SR 60 and west of the Peace Creek Drainage Canal. The total size is 1.19 acres. The wetland is within the area evaluated for SMF Pond 1. However, the SMF was located elsewhere, and impacts to this wetland were avoided. Historically fill has been removed from this area which resulted in a lower ground elevation than the surrounding area, and wetland conditions have developed. Soils in this area are mapped as Pamona fine sand (non‐hydric); however, on‐site soil conditions indicate hydric soils. Dominant ground cover vegetation includes soft rush, duck potato (Sagittaria lancifolia), pickerel weed (Pontederia cordata), viviparous spikerush, and peat moss (Sphagnum spp). Clusters of slash pine and occasional black gum (Nyssa sylvatica biflora) are also present. The wetland is seasonally flooded. Evidence of feral hogs was noted; frogs were present, and a white‐eyed vireo (Vireo griseus) was audible. No nuisance species were observed. This wetland provides SFH for the wood stork. (No impacts are proposed for this location.)
SW 2392 L: FLUCFCS Code: 510 (streams and waterways)/USFWS Classification: PEM1Cx (palustrine, emergent, persistent, seasonally flooded, excavated): This ditch is located on the north side of SR 60 and west of the CSX railroad track at Station 2392 L. It was excavated from hydric soil (Holopaw fine sand, depressional) and is entirely vegetated by Cogon grass (Imperata cylindrica). No water was evident at the time of the field review. This area does not provide SFH for the wood stork given the 100% coverage by nuisance species and dry conditions. (This ditch is proposed to be filled as a result of the reconfigured roadway alignment. Federal mitigation is proposed.)
SW 2399 L: FLUCFCS Code: 510 (streams and waterways)/USFWS Classification: PEM1Cx (palustrine, emergent, persistent, seasonally flooded, excavated): This ditch is located on the north side of SR 60 and west of the CSX railroad track at Station 2399 L. It was excavated from hydric soil (Holopaw fine sand, depressional) and is vegetated by Carolina willow, Cogon grass along the banks, primrose willow, and cattails (Typha sp.). Standing water was present at the time of the field review. This area does not provide SFH for the wood stork given the excessively steep sided banks and deep water depth. (This ditch is proposed to be filled as a result of the reconfigured roadway alignment. Federal mitigation is proposed.)
SW 2419 L: FLUCFCS Code: 510 (streams and waterways)/USFWS Classification: PEM1Cx (palustrine, emergent, persistent, seasonally flooded, excavated): This is a small depression at a mitered end section on the north side of SR 60, east of the CSX railroad tracks, near a driveway at Station 2419 L. It is excavated from Zolfo fine sand (non‐hydric). Vegetation includes the nuisance species cattails and may provide SFH for the wood stork due to ponding. No water was present at the time of the field review although hydric indicators were present. This wetland is classified as a Class 2 wetland (inundated for 60‐120 days per year). (This sump area is proposed to be filled as a result of the reconfigured roadway alignment. Federal mitigation will be provided.)
SW 1 (Peace Creek Drainage Canal bridge) and SMF E SW 1 (Peace Creek Drainage Canal/Pond 3 outfall): FLUCFCS Code: 510 (streams and waterways)/USFWS Classification: R2UB3Hx (riverine, lower perennial, mud, permanently flooded, excavated): Both areas are locations in the Peace Creek Drainage Canal. The canal is a man‐made feature with spoil along the banks, mature pines and oaks, and flows to the south. At the crossing at SR 60 where the proposed bridges will be constructed, the vegetation includes smartweed (Polygonum hydropiperoides), paragrass (Brachiaria mutica), and Peruvian primrose willow. At times during the year, the water levels are very low and the littoral shelf and areas within the channel are exposed. (Impacts are proposed at this location as a result of permanent fill for the new bridge structures including piles and rubble rip rap. Temporary impacts will also occur as a result of construction vehicles needed to construct the bridge. Cranes will be used during construction, and potential crane paths will cause temporary impacts along the banks of the canal. Following construction, the banks will be returned to existing grade. All impacts have been assessed as “permanent” for mitigation requirements.) The bridge area of the canal provides SFH for the wood stork and is classified as a Class 4 wetland. Wood storks, Great Blue Herons (Ardea herodias), and other wading birds have been observed foraging in the shallow areas of the Peace Creek Drainage Canal near the bridge location. At the Pond 3 outfall location, which is about 880 feet north of the existing SR 60 bridge, the banks are very steep, and no permanent vegetation is present. Given the steep sided banks and deep water depths, this area is not considered SFH. (Impacts related to the outfall for Pond 3 are the result of a lateral ditch extending from Pond 3. The open ditch from the pond will terminate and outflow into the canal. Permanent fill impacts will occur from the placement of rubble rip rap within the limits of the canal at the end of the ditch. Federal mitigation for impacts to aquatic habitat and wood stork SFH are proposed for impacts at the bridge location.)
PROPOSED WORK: The applicant seeks authorization to discharge dredged and/or fill material into waters of the United States to perform improvements to an approximately one-mile-long segment of SR 60. The major component of the project consists of elevating the SR 60 roadway over the existing CSX railroad at-grade crossing. The roadway will be elevated using permanent retaining walls (i.e., mechanically stabilized earth walls). Three new pairs of SR 60 bridge structures are proposed over the existing CSX railroad, over an existing underground petroleum pipeline and frontage road, and over the Peace Creek Drainage Canal. The existing eastbound SR 60 bridge over the Peace Creek Drainage Canal will be rehabilitated and re-used for frontage road access, and the westbound bridge will be removed. Dry shelves to accommodate a wildlife crossing are included in the new bridge plans. A retrofit of the existing bridge for a narrow wildlife shelf is also proposed. Sidewalks, bicycle lanes, and three new frontage roads will be included in the improvements. Two off-site SMF ponds are proposed. Right-of-way acquisition will occur to accommodate the proposed improvements. The project proposes to result in permanent (direct) impacts to 1.58 acres of waters of the United States (0.62 acre of palustrine herbaceous wetlands, 0.33 acre of drainage ditches, and 0.63 acre of canal).
Additionally, secondary wetlands impacts were assessed at locations where remnant wetlands will occur following the proposed impacts. Approximately 0.22 acre of secondary impacts are anticipated. These impacts are as follows:
WL 2377 L: Wetland 2377 L is a small wetland 0.03 acre in total size that will have a 0.01 remainder located outside the ROW. The remainder will likely have changes in water levels due to the changes in drainage characteristics and flow patterns. Changes in vegetation are also likely. Secondary impacts to this remnant wetland have been included in the federal mitigation proposal.
WL 2413 R: Wetland 2413 R is a linear, 25‐foot wide, shrubby area adjacent to the direct impact herbaceous area assessed for WL 2413 R. It is anticipated that the direct impact will result in changes to the type of vegetation within the wetland edge. The secondary impact area was included in the state and federal mitigation proposal.
SMF E WL 1: Wetland SMF E WL 1 is within the boundaries for SMF Pond and 3 is a small, deep depressional wetland, 0.11 acre in size that will have a 0.02 remainder located outside the ROW. The remainder will likely have changes in water levels due to the changes in drainage characteristics and flow patterns. Changes in vegetation are also likely. Secondary impacts to this remnant wetland have been included in the federal mitigation proposal.
Of the overall impacts, to include permanent (direct) and secondary impacts, 1.47 acres are considered to exhibit the features which provide wood stork SFH.
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: Impacts to surface waters and wetlands were avoided or minimized to the extent practicable. Given the nature of the project (i.e., the addition of new bridge structures, frontage roads, and off‐site SMFs), complete avoidance of impacts is not possible. Minimization measures for the existing design were explored and implemented where technically capable and economically practicable. For example, impacts to wetlands and surface waters were minimized during the pond siting phase of the design by conducting thorough environmental evaluations of all alternative pond sites (refer to the section of this public notice entitled: “Existing Conditions” for additional information). Recommendations to the designers were provided and were used in the selection of final pond sites. Pond siting avoided several wetlands in the landscape, specifically wetlands identified as SMF W WL’s 1, 2, 3, and 4. Pond designs were developed to minimize wetland impacts to the extent practicable at other locations. Minimization of impacts to surface waters was achieved by incorporating many of the existing open ditches in the final plans with re‐contouring or re-grading. These areas are expected to maintain their current characteristics and functions. Mechanically stabilized earth walls were incorporated into the design as well which minimize impacts by reducing the overall footprint of the roadway. These walls avoid large, sloped areas that would cause additional wetland impacts.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Mitigation to compensate for unavoidable impacts to waters of the United States is proposed to occur through the purchase of herbaceous credits from Boran Ranch Mitigation Bank, a federally- approved mitigation bank. The Bank uses the Wetland Rapid Assessment Procedure (WRAP) to assess federal mitigation credit requirements. This in-basin wetland mitigation bank will provide mitigation credits to offset the impacts to waters of the United States and compensate for losses to SFH for the wood stork. Impacts to 1.80 acres to waters of the United States is anticipated to be mitigated by purchasing 0.69 herbaceous credits from Boran Ranch Mitigation Bank. This credit amount includes mitigation for impacts to 1.47 acres of wood stork SFH. Boran Ranch offers credits in both short and long hydroperiod wetlands. An overall net increase in kg of biomass will result from the 0.69 herbaceous credit purchase. Impacts will include direct impact in waters of the United States in herbaceous wetlands. Only secondary impacts will occur in one shrubby wetland. Only herbaceous mitigation credits are proposed as the direct impacts occur in herbaceous wetlands only.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. Additionally, the applicant has provided documentation to the Corps that the State Historic Preservation Officer has reviewed a Cultural Resource Assessment Survey performed for the proposed project area and that the State Historic Preservation Officer concurred with the survey findings of no effect on historic properties. 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 and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps has determined that the proposed project may affect, but is not likely to adversely affect the Eastern Indigo snake (Drymarchon corais couperi), wood stork, and Audubon’s crested caracara (Caracara cheriway). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act through separate letter. The Corps has also determined that the proposed project would have no effect on the Everglade Snail Kite (Rostrhamus sociabilis plumbeus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), sand skink (Neoseps reynoldsi), blue-tailed mole skink (Eumeces egregious lividus), and Florida scrub jay (Aphelocoma coerulescens) or their designated critical habitat.
Eastern Indigo Snake: The Eastern indigo snake is stout-bodied, shiny black and can reach lengths up to eight feet. It may be found in a range of habitats, from scrub and sandhill to wet prairies and mangrove swamps. The Eastern Indigo snake may be present in gopher tortoise (Gopherus polyphemus) burrows in sandy uplands but forages in more hydric habitats, and requires very large tracts to survive. No Eastern Indigo snakes were observed during field reviews performed by the applicant; however, gopher tortoise burrows are present specifically east of CSX railroad tracks near potential pond sites. According to the information provided by the applicant, six active and inactive gopher tortoise burrows were observed within the limits of the proposed project. Given the above information, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013, which resulted in the following sequential determination: A > B > C > D = not likely to adversely affect the Eastern Indigo snake.
Wood Stork: The wood stork is a large, white wading bird with black wings and a short black tail. Wood Storks nests colonially in a variety of inundated forested wetlands, including cypress strands and domes, mixed hardwood swamps, sloughs, and mangroves. Foraging habitat includes shallow water in freshwater marshes, swamps, lagoons, ponds, tidal creeks, flooded pastures, and ditches, where fluctuating water levels concentrate food sources. Data (FWS GIS data) were reviewed by the applicant to determine adjacent nesting colonies and Core Foraging Areas (CFAs). The project is within the CFA of four nesting colonies for the Wood Stork (Lake Rosalie, Lake Somerset, Mulberry Northeast, and Saddlebag Lake). The nearest colony (Saddlebag Lake) is located 11.8 miles to the east. Wetlands and surface waters within the proposed project limits are considered to be Suitable Foraging Habitat (SFH) for the Wood Stork. Wood Storks were observed, during the applicant’s field reviews, foraging within the Peace Creek Drainage Canal. There are no nesting colonies within the proposed project limits. The applicant proposes to provide compensatory mitigation to fully offset proposed impacts to wood stork SFH. Given the above information, the Corps utilized the Wood Stork Key for South Florida dated May 18, 2010, which resulted in the following sequential determination: A > B > C > D > E = not likely to adversely affect the wood stork.
Audubon’s Crested Caracara: The proposed project site is within the USFWS consultation area for this species. The Crested Caracara is both a raptor and a scavenger recognized by long legs, a bold color pattern and a black-capped head. Coloration is mainly blackbrown, has a white neck and throat; red facial skin is bare. This species prefers cabbage palms for nesting that are surrounded by habitats with low ground cover and low density of tall or shrubby vegetation. Audubon’s crested caracara has very specific nesting requirements. Suitable nesting habitat exists within the project limits as determined by both background research and on-site field inspections performed by the applicant. The applicant’s review of GIS data available indicates no historic evidence of Audubon’s crested caracara recorded in the proposed project limits. Field reviews found very few cabbage palms, and these were within mixed forested areas and on commercial sites. A survey was conducted by the applicant in the spring of 2016. No caracara individuals or caracara nesting activity were observed within the survey area during the 2016 survey. Also, no caracaras were observed at any time during the Southeastern American Kestrel (Falco sparverius paulus) surveys (conducted in the summer of 2015) or during establishment of wetland and surface water limits. However, these two activities were conducted outside of nesting season. Given the presence of suitable nesting habitat but no observations, the Corps has determined that the proposed project may affect, but is not likely to adversely affect the Audubon’s Crested Caracara.
Florida Scrub Jay: The proposed project site is within the USFWS consultation area for this species. The Florida Scrub Jay is known by its pale blue coloring on the head, nape, wings, and tail. Its size and appearance is similar to the Blue Jay, but has a crest-less head. This species is found on fire-dominated, low-growing oak scrub habitat. This oak habitat is typically on well-drained sandy soils. There is no scrub habitat within the project limits. The project limits, the parcels proposed for SMFs and areas adjacent to the proposed ROW limits were reviewed by the applicant for the presence of scrub oaks. No scrub oaks were identified. Due to the absence of nearby scrub habitat, the absence of scrub oaks, and no observations of Florida scrub jays during field reviews performed by the applicant, the Corps has determined that the proposed project would have no effect on the Florida scrub jay.
Everglade Snail Kite: The proposed project site is within the USFWS consultation area for this species. The Snail Kite is a dark colored raptor that is medium in size. Adult male snail kites can be slate gray colored to black colored however the tail is white and with a dark band and pale terminal band. The bill is long and hooked. Preferred foraging habitat is large, open marshes and lakes with shallow open waters. Nesting habitat includes low trees or shrubs over water. The snail kite’s principal prey are apple snails (Ampullariidae) that inhabit areas vegetated by spikerush, maidencane, and sawgrass. No designated critical habitat for the Everglade snail kite is located in the proposed project vicinity. No historic observations of snail kites were identified in the research performed by the applicant, and no observations of snail kites were made during the applicant’s field reviews. Given the lack of specific habitat within the study area and the lack of observation of this species, the Corps had determined that the proposed project would have no effect on the Everglade snail kite.
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 associates with the receiving waters of the Peace Creek Drainage Canal. 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 at the Palm Beach Gardens Office, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410-6557 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, Mrs. Tarrie Ostrofsky, in writing at the Palm Beach Gardens Office, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410-6557, by electronic mail at Tarrie.L.Ostrofsky@usace.army.mil, by fax at (561) 626-6971, or by telephone at (561) 472-3519.
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.