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-2019-00938 (SP-MMT)

Published Aug. 6, 2019
Expiration date: 9/3/2019

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 1

Ms. Nicole Monies

801 N. Broadway Avenue

Bartow, Florida 33830

WATERWAY AND LOCATION:  The project would affect waters of the United States, including wetlands, associated with the Interstate 4 (I-4) corridor.  The project site is located within the I-4 corridor at the State Road 557 (SR 557) Interchange.  The Interchange improvements at SR 557 are from west to east along the I-4 corridor.  This project includes converting the existing interchange to a diverging diamond interchange (DDI) as well as improvements along the I-4/SR 557 interchange to improve congestion within the area.  The project is located in Sections 28, 29, 30, 31, 32, and 36, Township 26 South, Ranges 25 and 26 East, in Polk City, Polk County, Florida.

Directions to the site are as follows:  From USACE Tampa office I-4 East to SR 557 in Polk City, Polk County, Florida.

APPROXIMATE CENTRAL COORDINATES:              Latitude        28.182042°N

                                                                                      Longitude   -81.743906°W

 

PROJECT PURPOSE:

Basic:  Linear transportation

Overall:  The overall project purpose is to improve traffic congestion at this interchange by converting the existing interchange into a Diverging Diamond Interchange (DDI) along the I-4 corridor in Polk County.

EXISTING CONDITIONS:  The project site exists within the I-4 corridor at the SR 557 interchange. The entire project site is comprised of the I-4 Corridor at SR 557 to the east and west (FPID 201215-3). The project site is 204 acres, the following is a breakdown of the land uses within the project corridor:

Wetlands and other surface waters within the project comprise 37% of the project site and are located throughout the site and they consist of ditches (510D), storm water management areas (534), mixed wetland hardwoods (617), and wetland coniferous forests (620).

Ditches and storm water management areas both support herbaceous vegetation consisting of soft rush (Juncus effusus), smartweed (Persicaria punctata), marsh pennywort (Hydrocotyle umbellata), curly dock (Rumex crispus), marsh bedstraw (Galium triflorum), and Bermuda grass.  

Mixed hardwood wetlands are located throughout the site and comprise of.  Vegetates that consists of the following laurel oak, sweetbay (Magnolia virginiana), red maple (Acer rubrum), American elm (Ulmus americana), sweetgum, and cabbage palm, with a mid-story and understory of Virginia chain fern (Woodwardia virginica), wax myrtle, sawgrass (Cladium jamaicense), sand cordgrass (Spartina bakeri), pickerelweed (Pontederia cordata), and royal fern (Osmunda regalis).

Wetland coniferous forests comprise the largest amount of wetlands in the project they are also located throughout the project site as well.  Vegetation in these areas consists of slash pine, laurel oak, American elm, red maple, cabbage palm, pond cypress (Taxodium ascendens), sweetgum, and red bay (Persea borbonia).

PROPOSED WORK:  The Florida Department of Transportation (FDOT) District 1 proposes improvements to modify the interchange at I-4 and SR 557 in Polk City, Polk County, Florida. The project entails replacing the existing partial clover-leaf interchange with a diverging diamond interchange, and additional I-4 improvements located directly east and west of SR 557 within Segments 5 and 6, in order to accommodate the I-4 Master Plan improvements. The project also proposes construction of a wildlife crossing at the eastern terminus of the project. The total project area is approximately 204 acres, and requires dredging/filling of 63.39 acres of wetlands and 0.17 acre of other surface waters (OSW). Secondary wetland impacts have also been assessed for 14.02 acres of abutting wetlands. The subject improvements would increase safety for both vehicles (general public) and wildlife.

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 use of silt screens and other turbidity prevention measures during construction will minimize impacts to adjacent wetlands and other surface waters.  

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss and  wetland impacts they will be compensated through credits purchased through 5 Mitigation Banks as follows: Boarshead Ranch MB; Crooked Creek MB; Green Swamp MB; Hilochee MB; Withlacoochee MB.   A credit reservation letter from all five Mitigation Banks will be provided prior to permit issuance.

CULTURAL RESOURCES:  The Corps is not aware of historic property/properties within, or in close proximity to, the permit area.  The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation, as applicable, pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES:  As the lead agency with delegated NEPA authority, FDOT has assessed the project site for Federally listed species using the FWS Information for Planning and Consultation (IPaC) web site, plus information provided by the applicant, and all available Problematic KEYS for protected species for purposes of compliance with Section 7 of the ESA of 1973 (as amended).

FDOT has determined that the proposed project may affect, but is not likely to adversely affect, the Eastern indigo snake (Drymarchon corais couperi), American wood stork (Mycteria americana),  blue-tail mole skink (Eumeces egregius lividus), and sand skink (Neoseps reynoldsi). The Corps agrees with the lead agency’s (FDOT) initial findings within the informal consultation with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act consultation.

FDOT has also determined that the proposed project would have “no effect” on the Everglade snail kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Polyborus plancus audubonii), Florida grasshopper sparrow (Ammodramus savannarum floridanus), and Florida scrub-jay (Aphelocoma coerulescens).  

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.  The site does not contain EFH and the Corps’ initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the South Atlantic Region.  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 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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410 or to the email address of the Project Manager noted below, within 30 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. Mark M. Tamblyn, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410, by electronic mail at Mark.m.Tamblyn@usace.army.mil by facsimile transmission at (561) 626-6970, or by telephone at (561) 472-3519.

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 impacts, 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 that 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.