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 5
Attn: Ms. Casey Lyon
719 South Woodland Blvd.
Deland, Florida 32720
WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed wetlands at SR 15 and CR 523 (Canoe Creek Road) and just north of this intersection in Osceola County. The project site is located along 16 miles of SR 15 from Florida’s Turnpike to Tyson Creek Bridge in Section 11 and 14, Township 30 South, and Range 30 East.
Directions to the site from Jacksonville are as follows: Take I-95 South for approximately 165 miles to SR 500 (US 192) in Melbourne. Go west on SR 500 for approximately 24 miles to SR 15. Go south on SR 15 for approximately 20 miles to CR 523.
APPROXIMATE CENTRAL COORDINATES: Latitude 27.876378
Longitude -80.987621
PROJECT PURPOSE:
Basic: Linear transportation improvements.
Overall: The overall project purpose is to rehabilitate and improve roadway safety along an existing roadway in southeast Osceola County.
EXISTING CONDITIONS: SR 15 is a two-lane, rural roadway that runs parallel to Florida’s Turnpike. The wetland system consists of a freshwater system. All on-site habitats and land uses were classified according to the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (FDOT, 1999).
The lands adjacent to SR 15 mostly support improved pasture (FLUCFCS 211) and other agricultural lands dominated by turf grasses. An herbaceous marsh (FLUCFCS 641) is located on the east side of SR 15 at the intersection with CR 523. This wetland contains aquatic emergent vegetation such as alligator flag (Thalia geniculata), arrowhead (Sagittaria spp.), maidencane (Panicum spp.), and various sedges (Cyperus spp.) and rushes (Juncus spp.). Mixed forested wetlands (FLUCFCS 630) occur alongside portions of SR 15. These wetlands contain pond cypress (Taxodium ascendens), bald cypress (T. distichum), slash pine (Pinus elliottii), black gum (Nyssa sylvatica var. biflora), red maple (Acer rubrum), fetterbush (Lyonia lucida), and Viriginia chainfern (Woodwardia virginicus).
PROPOSED WORK: The applicant seeks authorization to discharge fill material over 0.60 acre of waters of the United States (wetlands) and 0.08 acre of upland cut ditch and 0.41 acre of wetland clearing impacts, for a total of 1.09 acres of impact to waters of the U.S. (surface waters and wetlands) for the construction of a new left-hand turn lane and clearing within the right of way to improve safety/visibility.
AVOIDANCE AND MINIMIZATION INFORMATION – The project has been designed to avoid and minimize wetlands to the greatest extent practicable. The turn lane is necessary to decrease the number of automobile accidents at the proposed location and has been designed to the minimum width and length necessary to achieve the desired project purpose of roadway safety. The clear zone impacts have been minimized to 18 feet off the edge of pavement rather than the entire FDOT right-of-way, while improving visibility per FDOT design standards.
COMPENSATORY MITIGATION – The applicant proposes to use credits from the FDOT’s Three Lakes Regional Mitigation Bank (Three Lakes MB) at Three Lakes Wildlife Management Area in Osceola County. The Three Lakes MB uses ratios to determine wetland mitigation credits. The applicant proposes to withdraw 12.15 credits from federally approved Three Lakes MB, based on proposed impacts and mitigation ratios provided in the Three Lakes MB’s Enabling Instrument.
CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.
ENDANGERED SPECIES: The project is located within the U.S. Fish and Wildlife Service’s (FWS) Consultation Areas for the Audubon’s crested caracara (Polyborus plancus), Florida Bonneted Bat (Eumops floridanus), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), Eastern Indigo snake (Drymarchon corais couper), Everglades snail kite (Rostrhamnus sociabilis plumbeus), Florida scrub jay (Aphelocoma coerulescens), Red-cockaded Woodpecker (Picoides borealis)
The Corps has determined the proposed project is not likely to adversely affect the Eastern Indigo snake (Drymarchon corais couper) or Audubon’s crested caracara (Polyborus plancus).
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.
Audubon’s crested caracara: Historical documents indicate a caracara nest was located within 1,500 meters (4,920 feet) of the project. The applicant conducted surveys per direction and approval from the USFWS. The applicant did not observe caracaras or their nests during the survey. Due to the absence of caracaras and minimal habitat loss within the FDOT right-of-way, the Corps determination for the proposed project is “Not Likely to Adversely Affect” the Audubon’s crested caracara.
The Corps has determined the proposed project will have no effect on the Florida Bonneted Bat (Eumops floridanus), Everglades snail kite (Rostrhamnus sociabilis plumbeus), Florida scrub jay (Aphelocoma coerulescens), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), or the Red-cockaded Woodpecker (Picoides borealis).
Florida bonneted bat: Florida bonneted bats are thought to be exceedingly rare. Bonneted bats have been detected foraging in native habitat including semitropical forests with tropical hardwood, pineland, mangrove habitats, as well as man-made bat houses and areas such as golf-courses or neighborhoods. Since there is no habitat that would support the bat in or near the project, the Corps determined that the project would have “no effect” to the bonneted bat.
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. Snail kites were not observed during general wildlife surveys. 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.
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. This species' habitat is dominated by a layer of evergreen oaks: myrtle oak (Quercus myrtifolia) and/or Archbold oak (Q. inopina), sand live oak (Q. geminata), Chapman oak (Q. chapmanii), and runner oak (Q. minima)], rusty lyonia (Lyonia ferruginea), and Florida rosemary (Ceratiola ericoides). This layer is rarely greater than two meters in height, except where fire has been suppressed. Ground cover is sparse, dominated by saw palmetto (Serenoa repens) and sand palmetto (Sabal etonia). Bare sand patches are essential for foraging and acorn-caching. Slash pines (Pinus elliottii) and sand pines (P. clausa) are widely scattered with usually less than 15 percent cover. Since there is no oak scrub or xeric scrub habitat in or near the project, the Corps determined that the project would have “no effect” to the scrub jay.
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.
Woodpecker: A large portion of the project area consists of existing roadways along the SR 15 corridor and improved pastures with only scattered trees. 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. There are no pine stands in or adjacent to the project area and the remnant pines are too young for nesting by red-cockaded woodpeckers. Therefore the Corps determination for the proposed project is “no effect” to the woodpecker.
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.