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 Department of Transportation, District 2
Attn: Mr. Van Humphreys
1109 South Marion Avenue
Lake City, Florida 32025
WATERWAY AND LOCATION: The project is located in waters of the U.S. (wetlands and surface waters) associated with the North and South Fork Black Creeks. The project is located within Sections 11, 13, and 14, Township 5 South, Range 24 East, Clay County, Florida.
Directions to the site are as follows: From downtown Jacksonville, take I-10 West for approximately 11 miles and take exit 350 for SR-23 South. Continue on SR-23 South for approximately 15 miles and turn right onto SR-21 South. Go approximately 13 miles on SR-21 South to project site where SR-21 crosses the South Fork Black Creek.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.066432°
Longitude -81.867436°
PROJECT PURPOSE:
Basic: Linear transportation improvements.
Overall: The overall project purpose is to widen an existing segment of SR 21 and CR 218 including a bridge over South Fork Black Creek in Clay County.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. SR 21 at the project location is a four lane paved rural highway. CR 218 is a two lane paved rural roadway and is carried over South Fork Black Creek by a two-lane bridge. All on-site habitats and land uses were classified according to the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (FDOT, 1999).
Upland Communities:
FLUCFCS 1400 – Commercial and Services ‐ This land use best describes the area immediately west of the proposed Project Corridor. This area is comprised of commercial restaurants, service stations, and retail businesses.
FLUCFCS 3100 – Herbaceous Upland – Non‐forested‐ This land use best describes the area located west of Palmetto Street and north of Section Street. This land use type is vegetatively comprised of a canopy of scattered pines (Pinus sp.) and oak trees (Quercus sp.), and groundcover consisting of cogon grass (Imperata cylindrical), and bahiagrass (Paspalum notatum).
FLUCFCS 4340 – Upland Mixed Coniferous/Hardwood ‐ This land use best describes the forested area along the northeast side of CR 218, west of Black Creek – South Fork. This land use type is vegetatively comprised of a canopy of slash pine (Pinus elliottii), southern magnolia (Magnolia grandiflora), sweet gum (Liquidambar styraciflua), Eastern red cedar (Juniperus virginiana), and red maple (Acer rubrum); a subcanopy of similar species, laurel oak (Quercus laurifolia), and paper mulberry (Broussonetia papyrifera). The ground cover is comprised of beautyberry (Callicarpa americana), greenbrier (Smilax spp.), grapevine (Vitis spp.), blackberry (Rubus spp.), peppervine (Ampelopsis arborea), and Japanese climbing fern (Lygodium japonicum).
FLUCFCS 8140 – Roads and Highways ‐ This land use describes SR 21 and CR 218 within the limits of the Project Corridor.
Wetland Communities and Surface Waters
FLUCFCS 5100 – Streams and Waterways ‐ This land use best describes the open water of Black Creek – North and South Fork.
FLUCFCS 6170 – Mixed Wetland Hardwoods ‐ This land use best describes the area within the northeast corner of SR 21 and CR 218, and the area immediately south of CR 218 . This land use is vegetatively comprised of acanopy of swamp tupelo (Nyssa sylvatica var. biflora), water oak (Quercus nigra), bald cypress (Taxodium distichum), and paper mulberry; a sub canopy of water oak, red maple, high‐bush blueberry (Vaccinium corymbosum), Carolina ash (Fraxinus caroliniana), and mimosa tree (Albizia julibrissin). The ground cover is sparsely vegetated by grapevine, greenbrier, chainfern (Woodwardia areolata), and shield fern (thelypteris sp.).
FLUCFCS 6300 – Wetland Forested Mixed ‐ This land use best describes the wetland system located west of SR 21 and north of CR 218. Vegetation consists of a dense canopy of laurel oak, cypress (Taxodium sp.), red maple, water oak, blackgum (Nyssa sylvatica), sweetgum, red cedar, and Chinaberry (Melia azedarach). Mid‐story and groundcover plant species include: wax myrtle (Myrica cerifera), netted chain fern (Woodwardia areolata), Virginia chain fern (Woodwardia virginica), royal fern (Osmunda regalis), poison ivy (Toxicodendron radicans), Virginia creeper (Parthenocissus quinquefolia), lizard’s tail (Saururus cernuus), common yellow woodsorrel (Oxalis corniculata), and broadleaf woodsorrel (O. latifolia).
FLUCFCS 8370 – Surface Water Collection Basin ‐ This land use best describes an existing stormwater management system located north of SR 21 near commercial development.
PROPOSED WORK: The applicant seeks authorization to discharge fill material over 3.08 acres of waters of the United States (surface waters and wetlands) to widen SR 21 from a four‐lane to six‐lane typical section with four‐foot bike lanes and six‐foot sidewalks; widen CR 218 from a two‐lane to a four‐lane typical section with a bike lane and sidewalk; and, widen the existing bridge over the South Fork Black Creek.
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 of wetland impacts has been a major consideration of this project since its inception. Wetland impacts have been avoided and minimized to the maximum extent practicable. The proposed widening of the SR 21/CR 218 Project Corridor is intended to improve the level of service and enhance safety for the traveling public. Meeting the FDOT and American Association of State Highway and
Transportation Standards (AASHTO) roadway design criteria provided little opportunity to modify site plans. During the design phase modifications to reduce and/or eliminate adverse impacts were reviewed, however, the current design, and location of Pond A, incorporates the existing stormwater management area for SR 21 into the design. Other options were not feasible and would require the purchase of additional right‐of‐way and earthwork activities. The current layout and configuration for SR 21/CR 218 improvements provides for a single and complete project that meets engineering design and safety standards while reducing wetland impacts to the fullest extent practical.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The functional values of the on-site wetlands and surface waters were established using the Uniform Mitigation Assessment Method (UMAM). This assessment concludes that the project will incur a total of 1.85 units of functional loss. FDOT proposes to purchase 1.85 wetland mitigation credits from a federally approved mitigation bank that is within the geographical service area covering the proposed project.
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 project is located within the U.S. Fish and Wildlife Service’s (FWS) Consultation Areas for the Eastern Indigo snake (Drymarchon corais couper) and West Indian Manatee (Trichechus manatus).
Eastern indigo snake: Potential impacts to the Eastern indigo snake were evaluated using The Eastern Indigo Snake Programmatic Effect Determination Key, January 2010 and revised August 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > NLAA pursuant to the Key. This determination is based on the project will impact less than 25 acres of xeric habitat and the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake and there are no gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities.
Manatee: Use of The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 resulted in the following sequential determination: A > B > C > G > N > O > P > “may affect, not likely to adversely affect.” This determination is based on the applicant following the standard manatee construction precautions for the proposed activity. By letter dated 25 April 2013, the FWS stated that for proposed in-water activities analyzed with the April 2013 version of this key in which the Corps reaches a “may affect, not likely to adversely affect” determination with respect to the manatee and/or its designated critical habitat, the FWS hereby concurs with the Corps determination in accordance with 50 CFR 402.14(b)1 and no further consultation with the FWS is required.
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/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.