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: Central Florida Expressway Authority (CFX)
Attn: Joseph Berenis
4974 ORL Tower Road
Orlando, Florida 32807
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Little Econlockhatchee River. The project site is located within the right-of-way of State Road (SR) 417 at the intersection of SR 417 and University Parkway. The project is located in Section 6, Township 22 South, Range 31 East, Orange County, Florida.
Directions to the site are as follows: The project area is the widening of SR 417 from north of SR 50 to Seminole County.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.5995°
Longitude -81.2514°
PROJECT PURPOSE:
Basic: Road
Overall: Capacity improvements to SR 417 from north of SR 50 to Seminole County, Florida.
EXISTING CONDITIONS: The wetlands and other waters are located within the right-of-way of SR 417. Other surface water (OSW) 19 and OSW 21 are permitted roadside ditches excavated to assist drainage patterns associated with Pond 6W and hydrologically connected to W20. Vegetation observed within the freshwater wetland system consists of herbaceous species, mostly flat- sedge (Cyperus spp.), penny wort (Hydrocotyle umbellata), and carpet grass (Axonopus fissifolius). Other species include torpedo-grass (Panicum repens), alligatorweed (Alternanthera philoxeroides), and Peruvian primrose willow (Ludwigia peruviana).
PROPOSED WORK: The applicant seeks authorization to dredge and fill 1.70 acres of wetlands and 1.59 acres of other waters for capacity improvements to SR 417.
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:
All wetland and OSW impacts have been minimized or avoided when possible. Practicable design modifications were incorporated to reduce and/or eliminate adverse impacts. However, some impacts are unavoidable due to Florida Department of Transportation (FDOT) standards and the American Association of State Highway and Transportation (AASHTO) standards that CFX must adhere to. The Project has been designed to utilize restrictions in order to eliminate/reduce impacts to wetlands.
COMPENSATORY MITIGATION – Compensatory mitigation for impacts to waters of the United Stated would be provided through purchase of freshwater forested wetland credits at the federally approved TM Econ Mitigation Bank.
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 proposed action is located within the United States Fish and Wildlife Service’s (FWS) Consultation Area for the eastern indigo snake, Everglades snail kite, Florida scrub jay, and sand skinks. The proposed work area does not contain habitat suitable for Everglades snail kite, Florida scrub jay or sand skinks. None of these species were observed within the proposed project area. The Corps has determined the proposed work would have no effect to Everglades snail kite, Florida scrub jay, or sand skinks.
Based upon review of the Wood Stork Key for Central and North Peninsular Florida dated September 2008, the proposed project resulted in the following sequential determination: A (This determination is based on the project not being located within 2,500 feet of an active colony site.) >B (Impacts suitable foraging habitat (SFH)) >C, (project impacts to SFH are greater than 0.5 acre) >D (project impacts to SFH are not within the CFA of a colony site) = Not Likely to Adversely Affect (NLAA) the wood stork with compensation of the loss of SFH.
The Corps completed an evaluation of the project based upon the August 13, 2013 updated addendum to the January 2010 North and South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Eastern Indigo Snake. Use of the Key for the Eastern Indigo Snake resulted in the following sequential determination: A (The project is not located in open water or salt marsh.) >B (The permit will be conditioned for use of the Service’s Standard Protection Measures for the Eastern Indigo Snake during site preparation and protection construction.) >C (There are gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities.) >D (The project will impact less than 25 acres of xeric habitat (scrub, sandhill, or scrubby flatwoods) or less than 25 active and inactive gopher tortoise burrows.) >E (Any permit will be conditioned such that all gopher tortoise burrows, active or inactive, will be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed work.) = Not Likely to Adversely Affect (NLAA) with the applicant adherence to the standard protection measures for the Eastern Indigo Snake. Based upon the NLAA determination for the Eastern Indigo Snake and wood stork no further coordination is required with FWS.
ESSENTIAL FISH HABITAT (EFH): The proposed work would have no effect to EFH.
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 Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926 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, Andrew Phillips, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at andrew.w.phillips@usace.army.mil; by facsimile transmission at (321)504-3803; or, by telephone at (321)504-3771 extension 14.
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.