Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

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SAJ-2017-02743 (SP-TLO)

Published Jan. 10, 2018
Expiration date: 1/25/2018
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’s Turnpike Enterprise
                      Mr. Martin Horwitz
                      Turkey Lake HQ, MP 263, Bldg. #5315
                      P.O. Box 613069
                      Ocoee, Florida 34761

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Broward Drainage Canal No. 2 which ultimately flows to Biscayne Bay, a Traditional Navigable Waterway. The project is located along State Road 821, also known as the Homestead Extension of Florida’s Turnpike (HEFT), from Mile Post 43, which is west of 57th Avenue (Red Road), to Mile Post 47, which is east of 27th Avenue (University Drive), extending approximately 3.95 miles. The project site is located in Sections 27, 28, 29, and 30; Township 51 South, Range 41 East, Broward County, Florida.

Directions to the site are as follows: Take Florida’s Turnpike (HEFT) to Exit 47. The project limits are from west of 57th Avenue to east of 27th Avenue.

APPROXIMATE CENTRAL COORDINATES: Latitude:    25.971667 °
                                                                         Longitude -80.268889 °

PROJECT PURPOSE:

Basic: The basic project purpose is linear transportation.

Overall: The overall project purpose is to facilitate the projected increased transportation capacity and traffic demands and provide a safe, improved, and reliable evacuation route within the corridor of southeast Broward and northeast and central Miami-Dade Counties.

EXISTING CONDITIONS: The existing site conditions, as provided by the applicant, are as follows: The proposed project area encompasses approximately 262.22 acres, consisting of existing roadway, identified as the HEFT which is currently a 4-lane divided roadway through this segment, stormwater management features, borrow pit, surface waters, and bridge crossings over the South Broward Canal No. 2. The existing area surrounding the project site consists primarily of residential, industrial, and County lands. The following surface waters were identified by the applicant as being present within the proposed project limits:

OSW1 is a shallow upland-cut drainage feature located on the north side of the HEFT, west of SR 823. The total area of OSW1 is 1.85 acres. This is a seasonally inundated drainage feature.

OSW2 is a deep upland-cut stormwater treatment pond. Due to steep slopes, none of OSW2 is considered suitable wood stork foraging habitat.

OSW4 is a deep upland-cut drainage feature with 1:2 steep side-slopes located on the north side of the HEFT, west of NW 47th Avenue. The total area of OSW4 is 2.14 acres. Due to steep slopes, approximately 20% of OSW4 is considered suitable wood stork foraging habitat.

OSW5 is the South Broward Drainage Canal No. 2.

OSW6 is a shallow upland-cut drainage feature located on the north side of the HEFT, east of NW 47th Avenue. The total area of OSW6 is 0.98 acre.

OSW7 is an upland cut borrow pit within the northwest quadrant of the SR 817 interchange. The total area of OSW7 is 3.31 acres. Due to steep side slopes, approximately 10% of OSW7 is considered suitable wood stork foraging habitat.

OSW9 is a shallow upland-cut drainage feature located on the north side of the HEFT, east of NW 27th Avenue. The total area of OSW9 is 0.16 acre.

PROPOSED WORK: The project proposes roadway improvements along a segment of the HEFT, from Mile Post 43 (west of 57th Avenue) to Mile Post 47 (east of 27th Avenue), extending approximately 3.95 miles. The proposal includes widening the existing four-lane divided highway to eight lanes from west of NW 57th Avenue to the NW 27th Avenue ramps, and to six lanes from NW 27th Avenue to the Miramar toll gantries. The project also proposes intersection improvements throughout the corridor to increase operation and capacity at each of the ramp intersections with NW 57th Avenue and NW 27th Avenue. The project would result in impacts to 5.87 acres of impacts to the identified upland-cut surface water features, through the following activities: reconfiguration of OSW1 (shallow upland-cut drainage feature), resulting in 1.85 acres impacts and expansion of this feature to 6.05 acres; modification of OSW2 (deep upland-cut stormwater treatment pond), resulting 0.01 acre of impacts; piping of OSW4 (deep upland-cut drainage feature), resulting in 2.14 acres of impacts; placement of pilings into OSW5 (South Broward Drainage Canal No. 2), resulting in 0.01 acre of impacts; piping of OSW6 (shallow upland-cut drainage feature), resulting in 0.98 acre of impacts; modification to OSW7 (upland-cut borrow pit), resulting in 0.89 acre of impacts; and regrading of OSW9 (shallow upland-cut drainage feature, resulting in 0.16 acre of impacts. The project also involves the creation of eight dry detention stormwater treatment areas, constructed with similar depth and hydroperiod as the drainage features proposed to be impacted, encompassing 20.94 acres in total. The project also includes the construction of one wet stormwater facility, encompassing 1.71 acres.

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 has been designed to avoid and minimize impacts to aquatic resources. The project does not propose the discharge of fill material into wetlands. The features which would be impacted consist of shallow and deep upland-cut stormwater management drainage features, a deep upland cut stormwater treatment pond, the South Broward Drainage Canal No. 2, and an upland-cut borrow pit. The only impact to the South Broward Canal No. 2 would be due to the placement of piles for the proposed bridge widening. Piping of two surface water drainage features is proposed and would reduce the amount of sedimentation which enters into the receiving waters. Additionally, the project design includes establishment of more than 20 acres of surface water drainage features which would efficiently and effectively control all drainage generated onsite as a result of the proposed roadway improvement project.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: The project does not propose the discharge of fill material into wetlands; therefore, the project would not result in wetland losses. Also, onsite surface waters/drainage features would be created, to include features which would be expected to provide suitable habitat for species.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. 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 the proposal may affect the Florida bonneted bat (Eumops floridanus). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter. Additionally, the Corps has made the determination that the project may affect, but is not likely to adversely affect the wood stork (Mycteria americana) and Eastern Indigo snake (Drymarchon corais couperi). The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species. Finally, the Corps has determined that the project would have no effect on the Everglade snail kite (Rostrhamus sociabilis).

Florida Bonneted Bat: The project occurs entirely within the U.S. Fish and Wildlife Service Consultation Area for the Florida bonneted bat. However, the project is not within any of the designated Focal Areas for this species. The majority of the project area consists of mowed right of way. Overpasses within the project corridor were evaluated by the FTE via vehicular and pedestrian meandering, and no roosting bats were documented. Although the findings of the FTE’s site evaluation indicate that the project would have no impact on any habitat that could be utilized by the Florida bonneted bat, the use of the U.S. Fish and Wildlife Service Florida Bonneted Bat guidelines resulted in the following sequential determination: 2.e = may affect the Florida bonneted bat. This is due to the project site being greater than 5 acres and including potential roost sites (i.e., bridges). Therefore, the Corps has made the initial determination that the project may affect the Florida bonneted bat.

Wood Stork: This species 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. The Corps ran a Resources at Risk (RAR) Report on November 2, 2017, and the report findings included that the proposed project is located within the Core Foraging Areas (CFA) of the nesting colony identified as 2B Melaleuca. According to the information provided by the FTE, foraging habitat for the wood stork can be found adjacent to the project corridor, and suitable foraging habitat (SFH) is present within the project area within roadside swales. Four of the stormwater treatment features where impacts would occur consist primarily of steep-sloped open water (OSW2, OSW4, OSW5 and OSW7). Of these features, OSW2, and OSW5 do not provide SFH. Approximately 3.34 acres of the stormwater treatment features (OSW1, OSW4, OSW6 and OSW7) which would be impacted by this project provide SFH for the wood stork. Additionally, as identified previously, the project includes the construction of eight dry detention stormwater treatment areas. The proposed dry detention stormwater areas are 20.94 acres in total and would be constructed with similar depth and hydroperiod as the impacted drainage features and stormwater ponds, thereby offsetting impacts to wood stork suitable foraging habitat. Also stated previously, the project includes the construction of one wet stormwater facility encompassing 1.71 acres, which would also provide foraging habitat for the wood stork. Given the above factors, it is expected that the project would result in the replacement, and increase, of features which would provide similar foraging biomass for the wood stork as would be impacted. Based on the above information, the Corps reviewed the Wood Stork Key for South Florida dated May 18, 2010, and the proposed project resulted in the following sequential determination: A > B > C > E = not likely to adversely affect the wood stork.

b. Eastern Indigo Snake: This species is found in a variety of habitats, including swamps, wet prairies, xeric pinelands and scrub areas. It may utilize gopher tortoise (Gopherus polyphemus) burrows for shelter during the winter and to escape the heat during the summer. This species feeds on snakes, frogs, salamanders, toads, small mammals, birds and young turtles. Stormwater will be treated within existing Turnpike right of way. Adjacent to the existing roadway, vehicular and pedestrian meandering field reviews performed by the applicant have documented that the project area is primarily mowed Bahia, with no significant areas of refugia or indigo snake habitat (e.g., sandhill, scrub, pine flatwoods, pine rocklands, scrubby flatwoods, high pine, dry prairie, coastal prairie, mangrove swamps, tropical hardwood hammocks, hydric hammocks, edges of freshwater marshes, agricultural fields [including sugar cane fields and active, inactive, or abandoned citrus groves], or coastal dunes). The project has no known holes, cavities, active or inactive gopher tortoise burrows, or underground refugia where a snake could be buried, trapped, and/or injured during project activities. However, the FTE would adhere to the U.S. Fish and Wildlife Service approved Standard Protection Measures for the Eastern Indigo Snake to ensure protection of this species. Based on the above information, the Corps also utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013, Revised August 2017. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C > D = not likely to adversely affect the Eastern Indigo snake.

c. Everglade Snail Kite: The project limits are within the U.S. Fish and Wildlife Service Consultation Area of the Everglade snail kite. Everglade snail kites inhabit large, open, freshwater marshes and lakes, and usually nest over the water in low trees or shrubs, including cabbage palm (Sabal palmetto), coastal plain willow (Salix caroliniana), and buttonbush (Cephalanthus occidentalis). Shallow wetlands with emergent vegetation such as spikerush, duck potato and pickerelweed provide good Everglade snail kite foraging habitat, provided the density of vegetation does not prevent the snail kites from spotting apple snails from above. The project area does not contain suitable habitat for the Everglade snail kite. Therefore, the Corps has 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 in the onsite waters or receiving waters of Biscayne Bay. 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 North Permits Branch, Panama City Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405 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 application should be directed to the project manager, Ms. Lisa Lovvorn, in writing at the North Permits Branch, Panama City Permits Section, 1002 West 23rd Street, Suite 350, Panama City, Florida 32405, by electronic mail at Lisa.S.Lovvorn@usace.army.mil@usace.army.mil, by fax at (850) 872-0231 or by telephone at (850) 763-0717, Ext. 27.

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.