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 7
Attn: Ms. Virginia Creighton
11201 N. McKinley Drive
Tampa, Florida 33612
WATERWAY AND LOCATION: The project would affect waters of the U.S. (wetlands and surface waters) associated with Cypress Creek. The project is located along I-75 at Overpass Road in Sections 28, 29, 32, and 33, Township 25 South, Range 20 East, Pasco County, Florida.
Directions to the site are as follows: The project is located at the Interstate 75 and Overpass Road intersection. Traveling north from Tampa on Interstate 275, take Interstate I-75 north approximately 7 miles to the start of the project.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.270736 °
Longitude: - 82.32857 °
PROJECT PURPOSE:
Basic: Linear transportation.
Overall: The overall project purpose is construction of a new Interstate highway interchange and roadway improvements along I-75 and Overpass Road in central Pasco County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. All habitats within the project area were classified using the Florida Land Use Cover and Forms Classification System (FDOT 1999) (FLUCFCS), while wetland habitats were also classified using the U.S. Fish and Wildlife Service Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et. al., 1979).
Uplands:
Residential, Low Density <Less than two dwelling units per acre>
FLUCFCS – 110
This land use consists of less than two dwellings per acre. These residential buildings are non-mobile permanent structures.
Community Recreational Facilities
FLUCFCS – 186
This land use type consists of public parks, zoos and recreational areas. Within the project study area this consists of the Wesley Chapel District Park on the corner of Overpass Road and Boyette Road.
Shrub and Brushland
FLUCFCS – 320
The shrub and brushland land use generally includes saw palmetto as the most prevalent plant cover intermixed with a wide variety of other woody scrub plant species as well as various types of short herbs and grasses.
Pine Flatwoods
FLUCFCS – 411
The pine flatwoods land use are areas dominated by either slash pine longleaf pine, or both. The pine flatwood communities throughout the study area mainly consisted of longleaf pine (Pinus palustris) populations with a thin understory of saw palmetto (Serenoa repens) and mixed upland grasses.
Hardwood- Conifer Mixed
FLUCFCS – 434
This land use type includes forested areas with both conifers and hardwoods, but neither is dominant within 66% of the habitat area.
Coniferous Plantations
FLUCFCS – 441
These land uses are almost exclusively pine/ coniferous forests intentionally grown by planting seedlings stock or seeds. This land is characterized by dense populations of the same tree species per acre and are generally uniform appearance. A row pattern may or may not stand out depending if the land were a result of aerial seeding.
Roads and Highways
FLUCFCS – 814
This code is reserved for areas in which are existing roadways such as residential streets to larger multilane highways.
Water Supply Plants (Including pumping stations)
FLUCFCS – 833
This land use category includes various utility facilities and structures. These are treatment plants, settling basins, water storage towers, and well fields.
Wetlands and Surface Waters (SW):
Wetland 1 (Medium Quality)
FLUCFCS: 630
USFWS: PFO4C (Palustrine, Forested, Needle-Leaved Evergreen, Seasonally Flooded) This primarily forested wetland is located in the northwest quadrant on the north side of Overpass Road. Wetland 1 consisted of mainly bald cypress (Taxodium distichum), pond pine (Pinus serotine), royal fern (Osmunda regalis), and various other stunted soft wood trees due to the saturated hydric soils. There was approximately 2-3 inches of standing water throughout the wetland. During field delineations, no notable wildlife was observed.
Wetland 2 (Medium Quality)
FLUCFCS: 630
USFWS: PFO4C (Palustrine, Forested, Needle-Leaved Evergreen, Seasonally Flooded) This forested wetland is located in the southeastern quadrant of the south side of Overpass Road. Wetland 2 consisted of mainly immature cypress, elderberry (Sambucus canadiensis), Florida willow (Salix caroliniana), pickerelweed (Pontederia cordata), and royal fern. There was slow flowing water through this wetland with eddies of standing water approximately 7-10 inches deep. During field delineations, no notable wildlife was observed.
Wetland 3 (No Impacts)
FLUCFCS: 630
USFWS: PSS1C (Palustrine, Scrub- Shrub, Broad- Leaved Deciduous, Seasonally Flooded)
This wetland is the southernmost wetland within the project area located in the southwestern quadrant just west I-75 southbound. Wetland 3 has a ring of cypress and Florida willow around the perimeter with hydrophilic scrub in the center of the habitat. There was no observed standing water in Wetland 3 or wildlife observed during the time of the delineation.
Surface Water 1
FLUCFCS: 510
USFWS: PEM1C (Palustrine, Emergent, Persistent, Seasonally Flooded)
SW 1 is natural creek system that flows from the southeast to the northwest through culverts beneath I-75 and Overpass Road. This surface water system was historically natural until the creek bed was reinforced with concrete and channelized on the west side of I-75 and south of Overpass Road for erosion control. This stream had 10-12 inches of flowing water with emergent vegetation mainly consisting of alligator weed (Alternanthera philoxeroides) and is subject to routine maintenance activities. During field delineations, no notable wildlife was observed.
Other Surface Waters (OSW) 1
FLUCFCS: 510
USFWS: PEM1Cx (Palustrine, Emergent, Persistent, Seasonally Flooded, Excavated) OSW 1 is located on the west side of I-75 running parallel to the highway and south of Overpass Road. OSW-1 is a man-made ditch approximately an average of 8 feet wide. Vegetation mainly consists of water pennywort (Hydrocotyle umbellata), alligator weed and primrose willow (Ludwigia peruviana). During the time of the survey, portions of OSW 1 were inundated with 1-2 inches of standing water. During field delineations, no notable wildlife was observed.
OSW 2
FLUCFCS: 510
USFWS: PEM1Cx (Palustrine, Emergent, Persistent, Seasonally Flooded, Excavated) This roadside ditch is located on the east side of I-75 running parallel to the roadway and extending south of Overpass Road. This man-made ditch has an average width of 8 feet, and contained a vegetation community of mainly mowed/ maintained grasses, with the occasional water pennywort, alligator weed, primrose willow, and Florida willow throughout. During field delineations, no notable wildlife was observed.
OSW 3
FLUCFCS: 510
USFWS: PEM1Cx (Palustrine, Emergent, Persistent, Seasonally Flooded, Excavated) This roadside ditch is located on the east side of I-75 running parallel to the roadway and extending north of Overpass Road. This man-made ditch has an average width of 8 feet, and contained a vegetation community of mainly mowed/ maintained grasses, with the occasional water pennywort, alligator weed, primrose willow, and Florida willow throughout. During field delineations, no notable wildlife was observed.
OSW 4
FLUCFCS: 510
USFWS: PEM1Cx (Palustrine, Emergent, Persistent, Seasonally Flooded, Excavated) This ditch system is located on the Pasco County Water Treatment facility on the west side of I-75 and consists of a series of connected ditches that run between the infiltration fields. This man-made ditch system has an average width of 10 feet, and contains a vegetation community of mainly mowed/ maintained grasses, with the occasional water pennywort, alligator weed, primrose willow, and Florida willow throughout. During field delineations, no notable wildlife was observed.
PROPOSED WORK: The applicant seeks authorization to permanently dredge and fill 8.18 acres (7.50 acres of permanent fill and 0.68 acre of dredge impact) of waters of the United States (wetlands and surface waters) to construct a new roadway interchange at Overpass Road and Interstate 75 (I-75) and the widening of Overpass Road from Old Pasco Road to east of Boyette Road to four lanes. In addition to these improvements, several access modifications will be required. The existing Blair Drive access to Overpass Road will be closed and a new two-lane paved roadway will be constructed with a connection to Old Pasco Road. The existing McKendree Road access at Overpass Road will be relocated to an alternate location on Boyette Road (north of
Overpass Road). At the Wesley Chapel District Park, vehicular access will be eliminated at the existing secondary entrance located on Overpass Road (approximately 1,000 feet east of I-75). The 0.10 acres of impact to surface waters will be fill resulting from the extension of a culvert. The impacts to OSWs consist of 2.19 acres of permanent fill and 0.81 acres of dredge impacts. The 8.18 acres of wetland and surface water direct impacts and 2.27 acres of wetland secondary impacts will be mitigated. The 3.07 acres of impacts to roadside ditches (OSWs) will be replaced in-kind within the project area and do not require mitigation (FPN 432734-2-32-01).
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 proposed construction activity will result in unavoidable impacts to wetlands. Given that the project involves improvements to an existing roadway, opportunities to completely avoid wetland impacts were not available. Impacts have been avoided and minimized to the greatest extent possible. Much of the proposed widening is to the inside, avoiding impacts to jurisdictional areas along the right of way. Transportation safety and design standards for side slopes, turn radius, lane number, and widths necessitate the impacts. Furthermore, the impacts are unavoidable due to the location of the wetlands within the existing and adjacent to the right-of-way. Water quality, quantity, hydroperiod, and habitat will be maintained in all wetlands that will remain undisturbed.
Best Management Practices (BMP’s) will be utilized during construction to minimize erosion and sediment transport. Erosion control measures are to be installed and maintained in accordance with standard FDOT specifications and the erosion control plan found in the Roadway Construction Plans.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The wetland and surface water areas being impacted by the project and mitigated were assessed using Uniform Mitigation Assessment Method (UMAM). The 8.18 acres of wetland and surface water direct impacts and 2.27 acres of wetland secondary impacts resulted in a loss of 5.66 wetland functional units. The 3.07 acres of ditches (OSWs) being impacted are being replaced in-kind. Therefore, they do not require mitigation and are not included in the analysis. Mitigation will be provided at the Southwest Florida Water Management District (SWFWMD) Conner Preserve FDOT Mitigation Project.
CULTURAL RESOURCES:
On August 27, 2015, as part of the Project Development & Environmental Study, FDOT provided a cultural resource assessment survey (CRAS) that was prepared (August 2015) for this project. The purpose of the CRAS was to locate and identify any cultural resources within the Area of Potential Effect (APE) and to assess their significance in terms of eligibility for listing in the National Register of Historic Places (NRHP). The CRAS was conducted in accordance with the requirements set forth in the National Historic Preservation Act of 1966, as amended, which are implemented by the procedures contained in 36 CFR, Part 800, as well as the provisions contained in the revised Chapter 267, Florida Statutes.
Based on background research and field surveys none of the previously recorded and newly recorded historic resources were considered potentially eligible for listing in the NRHP because of their commonality of style and/or construction and their lack of significant historical associations.
The Florida State Historic Preservation Officer (SHPO) found the provided CRAS was complete and sufficient and concurred with the FDOT’s recommendations and findings provided in the FDOT’s August 27, 2015 letter (SHPO/DHR Project File Number 2015-4671).
ENDANGERED SPECIES: The project is located within the U.S. Fish and Wildlife Service’s (FWS) Consultation Areas for wood stork (Mycteria americana), Eastern indigo snake (Drymarchon corais couperi) and Florida scrub jay (Aphelocoma coerulescens)
Wood Stork: This species typically inhabits freshwater and brackish wetlands, primarily nesting in cypress and mangrove swamps. They can be found foraging in shallow water in freshwater marshes, wet prairies, narrow tidal creeks, and flooded tidal pools, as well as roadside ditches and pasturelands. The proposed project is within the buffer of five (5) wood stork nesting colonies. Also, the proposed project would impact 8.18 acres of medium quality forested wetlands and 3.07 acres of manmade ditches which exhibit the parameters of suitable foraging habitat for the wood stork. Also, based upon review of the Wood Stork Key for South Florida dated May 18, 2010, the proposed project resulted in the following sequential determination: A > B > C > D > E = “not likely to adversely affect” the wood stork. This is due to the applicant proposing to provide mitigation at the SWFWMD Conner Preserve FDOT Mitigation Project for the wetland impacts and the replacement in-kind for the manmade ditches impacts which are within the appropriate CFA and of matching hydroperiod of the proposed impacts, and the project is not contrary to the Habitat Management Guidelines for the Wood Stork in the Southeast Region. Given the above information, the Corps has determined that the proposed project “may affect, but is not likely to adversely affect” the wood stork.
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 > NLAA pursuant to the Key. This determination is based on the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake and there were no gopher tortoise burrows, holes, cavities, or other refugia observed, during February and March 2019 field reviews, where a snake could be buried or trapped and injured during project activities.
Florida scrub jay: The proposed project falls within the USFWS consultation area for the Florida scrub-jay. This species typically inhabits fire-dominated, low-growing, oak scrub habitat found on well-drained sandy soils and may persist in areas with sparser oaks or scrub areas that are overgrown. No appropriate habitat for the species exists near the project area, and none were observed during listed species surveys or other field work conducted by the applicant’s consultant. Additionally, the project abuts the existing, heavily trafficked, I-75. Therefore, the Corps has determined that the proposed project would have “no effect” on this species.
By letter dated September 14, 2015, the U.S. Fish and Wildlife Service (USFWS) completed its review of the Wetland Evaluation and Biological Assessment Report (WEBAR) for the Overpass Road Project Development and Environment Study (PD&E). The service concurred with the Pasco County’s request on August 19, 2015 that the project “may affect, but not likely to adversely affect” determinations for the Eastern indigo snake and for the wood stork. The Service also concurred with a “no effect” determination for the Florida scrub jay.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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.
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.