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 (FDOT), District 7
Attn: Ms. Virginia Creighton
11201 N. McKinley Drive
Tampa, Florida 33612
WATERWAY AND LOCATION: The project is located in waters of the United States associated freshwater wetlands that flow into the Little Withlacoochee River. The project site is located along State Road (SR) 50 from east of US 301 to the Hernando County line, a distance of approximately 4.78 miles in length, in Section 34 of Township 22 South, Range 22 East, Sections 01, 02, 11, 12 of Township 23 South, Range 21 East, and Sections 03, 04, 05, 06, 07, 08, 09 of Township 23 South, Range 22 East in Hernando County, FL.
Directions to the site from Jacksonville are as follows: Take/Continue on I-10 west for 18.5 miles, then take exit 343 on to US 301 south for 75.5 miles. Take a right onto NW 77th Street for 1.4 miles, then turn right on SR 326 west for 1.4 miles to I-75. Turn right and onto I-75 south for 55.9 miles, then take exit 301. Turn left on US 98/ SR 50 for 3 miles and the project begins east of the intersection of SR 50 and SR 35/US 301 and continues for 4.78 miles to the Hernando/Sumter County line.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.51595°
Longitude -82.133486°
PROJECT PURPOSE:
Basic: Linear transportation improvements.
Overall: The overall project purpose is to construct roadway improvements within the SR 50 corridor to reduce congestion, improve traffic operations, improve public safety in western Sumter County, and to improve hurricane evacuation and emergency response capabilities in Hernando, Sumter, and Lake County.
EXISTING CONDITIONS: SR 50 is a two-lane, rural undivided roadway that crosses the Little Withlacoochee River. Wetlands within and adjacent to the project area can be largely grouped into three community types: Streams and Lake Swamps (FLUCFCS 615), Wetland Forested Mixed (FLUCFCS 630) and Cypress (FLUCFCS 621) associated with the floodplain of the Little Withlacoochee River. 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:
Urban and Built-Up (FLUCFCS 100) – According to the FDOT (FLUCFCS 1999, p.12), the Urban and Built-up classification, “consists of areas of intensive use with much of the land occupied by man-made structures.” Residential, commercial, recreational, industrial, and institutional developments are included in this category. Within the project corridor, identified Urban Land uses includes residential, low density (FLUCFCS 110), industrial (FLUCFCS 150), and extractive (FLUCFCS 160). The urban and built up land uses generally occur at the western portion of the project near US 301 and makes up approximately 1% of the project area.
Agriculture (FLUCFCS 200) – This classification consists of “lands which are cultivated to produce food crops and livestock” (FDOT, FLUCFCS 1999, p.22). Cropland, pastureland, orchards, groves (except citrus), vineyards, nurseries, ornamental horticulture areas, citrus groves, confined feeding operations, specialty farms and other agriculture are included in this category. Within the project area, identified Agricultural land use include improved pasture (FLUCFS 211). The improved pasture land use occurs throughout the western portion of the project, generally in the proposed pond site locations, and makes up approximately 16% of the project area.
Rangeland (FLUCFCS 300) – According to the FDOT (FLUCFCS 1999, p.27), the Rangeland classification, “has been defined as land where the potential natural vegetation is predominantly grasses, grasslike plants, forbs or shrubs and is capable of being grazed.” This category includes herbaceous and mixed rangeland and includes saw palmetto (Serenoa repens), gallberry (Ilex glabra), and wax myrtle (Morella cerifera). This land use exists near the central portion of the project and make up approximately 7% of the project area.
Upland Forests (FLUCFCS 400) – Upland forests may consist of “upland areas which support a tree canopy closure of ten percent or more” (FDOT, FLUCFCS 1999, p.29). Coniferous forests, hardwood forests, and tree plantations are included in this category. Within the project corridor, identified Upland Forests Land uses include upland coniferous forests, pine flatwoods, hardwood-coniferous mixed forest, and tree plantations. The varying upland forests exists along the entire portion of SR 50 project corridor, except near the western end. Hardwood-conifer mixed forests exist both north and south of SR 50 at the southern project terminus. This habitat consists of a forest canopy composed of live oak (Quercus virginiana), sweetgum (Liquidambar styraciflua), and laurel oak (Quercus laurifolia). Observed understory species include saw palmetto, American beautyberry (Callicarpa americana), beggarticks (Bidens alba), and bracken fern (Pteridium aquilinum). The upland forested land uses make up approximately 30% of the project area.
Wetland Communities and Surface Waters:
Wetland A is a forested Stream and Lake Swamps (FLUCFCS 6150) and Cypress (FLUCFCS 6210) community that is contiguous with the Little Withlacoochee River. The Little Withlacoochee River flows under SR 50 from south to north. Wetland A consists of freshwater forested and open surface water stream habitats. Canopy tree species include water tupelo (Nyssa aquatica), bald cypress (Taxodium distichum), American elm (Ulmus americana), pond pine (Pinus serotina), slash pine (Pinus elliottii), southern magnolia (Magnolia grandiflora), and winged elm (Ulmus alata). Saw palmetto is the dominant shrub species, with cinnamon fern (Osmunda cinnamomea), and royal fern (Osmunda regalis) ground cover. Wetland A has high ecological value for fish and wildlife and is associated with the Withlacoochee State Forest. The forested areas also provide habitat for reptiles, amphibians, and various mammals. The open water portion of the Little Withlacoochee River provides water storage, flood abatement, and detrital transport to downstream locations.
Wetland B is a large, interconnected, forested Stream and Lake Swamps (FLUCCS 6150) and Cypress (FLUCCS 6210) community associated with the floodplain of the Little Withlacoochee River located on the north side of SR 50. Dominant vegetative species observed within this wetland included water tupelo, cypress, American elm, sweetgum, live oak, dogwood (Cornus florida), alligator flag (Thalia ganiculata), and bulltongue arrowhead (Sagittaria lancifolia). Due to its size, interconnected nature, and being located with the Withlacoochee State Forest, Wetland B is anticipated to be utilized by wildlife; Wetland B may provide habitat for the American alligator (Alligator mississippiensis) and a variety of reptiles and amphibians.
Wetland C is the outer fringe of a Cypress (FLUCCS 6210) community and is located on the north side SR 50 along the Little Withlacoochee River State Park. This wetland consists of forested habitat that is associated with the floodplain of the Little Withlacoochee River. The vegetative species observed include: water tupelo, red maple (Acer rubrum), sweetbay magnolia, pond pine (Pinus serotine), red bay (Persea borbonia), cinnamon fern, Peruvian primrose (Ludwigia peruviana), saltbush (Baccharis halimifolia), jack-in-the-pulpit (Arisaema triphyllum), pickerelweed (Pontederia cordata), false nettle (Boehmeria cylindrica), and beggartick. Due to this wetland being located within the Withlacoochee State Forest it is anticipated that this wetland could be utilized by mammals, amphibians, fish, and reptiles.
Wetlands D, E, and F are Wetland Forested Mixed (FLUCCS 6300) communities located on the north side of SR 50 located within historic pine flatwoods within the Withlacoochee State Forest. These wetlands are all similar in composition and consist of forested habitat that is associated with Little Withlacoochee River floodplain. Due to being located within the Withlacoochee State Forest it is anticipated that these wetlands could be utilized by mammals, amphibians, fish, and reptiles.
The vegetative species observed within Wetland D included red bay, red maple, slash pine, American elm, maidencane (Panicum hemitomon), bulltongue arrowhead, and soft rush (Juncus effusus).
Wetland E is vegetated by cypress, red maple, American elm, water oak (Quercus nigra), laurel oak, slash pine, pond pine, Virginia chain fern (Woodwardia virginica), maidencane, and cinnamon fern.
Vegetative species observed within Wetland F included red maple, cypress, dahoon holly (Ilex cassine), laurel oak, slash pine, dogwood, sugarcane plumegrass (Saccharum giganteum), St. John’s wort (Hypericum fasciculatum), and redroot (Lachnanthes caroliniana).
Wetland G is a large, interconnected, Wetland Forested Mixed (FLUCCS 6300) community associated with the floodplain of the Little Withlacoochee River. This system is located on the north side of SR 50 and intersects with the project area in two locations along the project corridor. Wetland G consists of freshwater forested, herbaceous, and open habitats; however, only forested habitat is located within the project area. The forested habitat discussed in this assessment area is vegetated by cypress, red maple, slash pine, dogwood, sweetgum, hackberry (Celtis occidentalis), dahoon holly, buttonbush (Cephalanthus occidentalis), maidencane, sawgrass (Cladium spp.), bulltongue arrowhead, and fragrant water lily (Nymphaea ordorata). Due to its size, interconnected nature, and being located with the Withlacoochee State Forest, Wetland G is anticipated to be utilized by wildlife, including a variety of mammals, reptiles, and amphibians.
Wetland I is a Wetland Forested Mixed (FLUCCS 6300) community located south of SR 50. Observed vegetation within this wetland incudes cypress, red maple, slash pine, sweetgum, water oak, cinnamon fern, and royal fern. Wetland I will not be impacted by the proposed project.
Wetland I-1 is a depressional Wet Prairies (FLUCCS 6430) community wetland located within an active cow pasture on the north side of SR 50. Wetland I-1 consists of herbaceous and open water habitats and is hydrologically connected to neighboring wetland systems via outfall structures along SR 50. The vegetative species observed within this wetland included dahoon holly, maidencane, and bulltongue arrowhead. This wetland boundary was delineated by others as part of a Florida Department of Environmental Protection (FDEP) Individual ERP (Permit Number 231412-002) for the expansion of the West Florida Aggregates Mine. Under 231412-002, Wetland I-1 was completely impacted and mitigation for these impacts were provided through the preservation of land at the mine through a conservation easement over 19.40 acres of herbaceous and cypress wetlands and 21.7 acres of pine flatwoods and mixed hardwood uplands. The proposed project will not result in additional impacts to Wetland I-1.
Wetland J is Cypress (FLUCCS 6210) community located along the south side of SR 50. Observed vegetation in the mostly forested wetland included cypress, red maple, sweetgum, water oak, cinnamon fern, and royal fern. Because the larger wetland system is located within the Withlacoochee State Forest, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetlands K and L are Cypress (FLUCCS 6210) communities that were historically connected but are now bisected by Riverland Road. Both forested wetlands are dominated by cypress and are located along the south side of SR 50 within the Withlacoochee State Forest. These wetlands occur within an upland-wetland matrix of pine forests and cypress depressions within the Little Withlacoochee River floodplain. The vegetative species observed included cypress, red maple, laurel oak, salt bush, and cinnamon fern.
Wetland K is located west of Riverland Road. This wetland consists of forested and open water habitats and is hydrologically connected to Wetland J. It is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland L is a small forested wetland located east of Riverland Road. As this wetland has been partially isolated by SR 50 and Riverland Road; therefore, wildlife utilization is likely diminished due to fragmentation.
Wetland M is a Cypress (FLUCCS 6210) community located along the south side of SR 50 adjacent to the Withlacoochee State Forest. Dominant vegetation observed included red maple, cypress, laurel oak, water oak, American elm, cinnamon fern, various sedges, royal fern, and pickerelweed. Outside of the project area, the wetland extends to south into the Withlacoochee State Forest to Riverland Road and could be used by a variety of mammals, amphibians, fish and reptiles.
Wetland N is a depressional Freshwater Marsh (FLUCCS 6410) community located on the south side of SR 50. Vegetation observed included cypress, red maple, slash pine, Carolina willow (Salix caroliniana), pickerelweed, sedges (Carex spp.), and cinnamon fern. Wetland N is contiguous within the Withlacoochee State Forest; therefore, it could be used by a variety of mammals, amphibians, fish, birds and reptiles.
Wetland O is a large Cypress (FLUCCS 6210) community located on the south side of SR 50. Cypress, red maple, laurel oak, Peruvian primrose, salt bush, cinnamon fern, bulltongue arrowhead, cattail (Typha spp.), jack-in-the-pulpit, and pickerelweed comprise the vegetative species within this mostly forested wetland. Because the larger wetland system extends south into the Withlacoochee State Forest to Riverland Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland P is a Cypress (FLUCCS 6210) community with an open water center. This system is located on the south side of SR 50. This mostly forested wetland contains cypress, red maple, laurel oak, Carolina willow, and duckweed (Lemna spp). Although the wetland is bordered by roadways to the north (SR 50) and west (Richloam Clay Sink Road), the wetland extends into the State Forest and could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland P-7 is a depressional Freshwater Marsh (FLUCCS 6410) community located within an active cow pasture on the north side of SR 50. Wetland P-7 consists of mostly herbaceous and open water habitats. The vegetative species observed within this wetland included bulltongue arrowhead, maidencane, Carolina willow, and fragrant water lily. This wetland boundary was delineated by others as part of a FDEP Individual ERP (Permit Number 231412-002) for the expansion of the West Florida Aggregates Mine. Under 231412-002, no impacts to the system were proposed and the system was preserved. Similarly, there are no impacts to Wetland P-7 with the proposed widening of SR 50.
Wetland Q is a large Cypress (FLUCCS 6210) community and a Stream and Lake Swamps (FLUCCS 6150) community located on the south side of SR 50. Dominant forest vegetation includes cypress, slash pine, red maple, American elm, royal fern, slender wood oats (Chasmanthium laxum), and cinnamon fern. Because the larger wetland system extends into the Withlacoochee State Forest to Richloam Clay Sink Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetlands R and S are Stream and Lake Swamps (FLUCCS 6150) communities that hydrologically connected within the project R/W by OSW-G and intergrade outside of the project R/W within the State Forest to the south. Both wetlands contain forested and open water habitats within the Little Withlacoochee River floodplain. The vegetative species observed included cypress, red maple, laurel oak, American elm, sweetgum, cabbage palm (Sabal palmetto), lizard's tail (Saururus cernuus), cinnamon fern, and various sedges. Because the larger wetland system extends into the Withlacoochee State Forest, it is anticipated that these wetlands could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland T is a Cypress (FLUCCS 6210) community and a Stream and Lake Swamps (FLUCCS 6150) community located along southeast side of SR 50 adjacent to the Withlacoochee State Forest. The vegetative species observed within this wetland included cypress, red maple, slash pine, laurel oak, water oak, American elm, and sawgrass. Because the larger wetland system extends into the State Forest, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, birds, fish, and reptiles.
Wetland U is a small, isolated Wetland Forested Mixed (FLUCCS 6300) community located along the southeast side of SR 50, predominantly within the project R/W. The vegetative species observed included laurel oak, slash pine, American elm, red maple, lizard's tail, slender wood oats, and various sedges. Because this wetland is small in size and mostly located in the SR 50 R/W, it is anticipated to provide little wildlife habitat.
Wetland V is a Wetland Forested Mixed (FLUCCS 6300) community located along the southeast side of SR 50 adjacent to the Withlacoochee State Forest. The vegetative species observed included laurel oak, slash pine, red maple, American elm, lizard's tail, and slender wood oats. The larger wetland system does extend into the State Forest; however, it is partially fragmented by a forest road to the south. Despite this, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland W is a large Stream and Lake Swamps (FLUCCS 6150) community located on the east side of SR 50. Cypress, laurel oak, sweetbay magnolia, American elm, cabbage palm, dahoon holly, and cinnamon fern comprise some of the vegetative species within this mostly forested wetland. Because the larger wetland system extends into the Withlacoochee State Forest to Riverland Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, birds, and reptiles.
Wetland X is a Wetland Forested Mixed (FLUCCS 6300) community located along east side of SR 50 adjacent to the Withlacoochee State Forest. The vegetative species observed within this wetland included red maple, slash pine, black gum, American elm, Carolina willow, Peruvian primrose, cinnamon fern, bulltongue arrowhead, smartweed (Polygonum hydropiperoides), and lizard's tail. The larger wetland system does extend into the State Forest; however, it is partially fragmented by a forest road to the south. Despite this, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland Y is a small, isolated Freshwater Marsh (FLUCCS 6410) community located along the southeast side of SR 50 and extending into the State Forest. The vegetative species observed included cypress, red maple, pond pine, longleaf pine (Pinus palustris), saw palmetto, broomsedge (Andropogon virginicus), redroot, and Virginia chain fern. Because this wetland is small in size and, it is anticipated to provide limited wildlife habitat.
Wetland Z is a large Stream and Lake Swamps (FLUCCS 6150) community and a Mixed Scrub-Shrub Wetland (FLUCCS 6460) community located east of SR 50 and south of Riverland Clay Sink Road adjacent to the State Forest. Sweetgum, laurel oak, red maple, cypress, Carolina willow, Peruvian primrose, cinnamon fern, bulltongue arrowhead, and maidencane comprise some of the vegetative species within this forested wetland. Because the larger wetland system extends into the Withlacoochee State Forest to Riverland Clay Sink Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland AA is a small, isolated Freshwater Marsh (FLUCCS 6410) community located along the southeast side of SR 50, within the project R/W. The vegetative species observed included red maple, longleaf pine, wax myrtle, broomsedge, redroot, Virginia chain fern, St. John’s wort, and blackberry (Rubus spp.). Because this wetland is small in size and mostly located in the SR 50 R/W, it is anticipated to provide limited wildlife habitat.
Wetland AB is a small isolated Mixed Scrub-Shrub Wetland (FLUCCS 6460) community located along the southeast side of SR 50, predominantly within the project R/W. The vegetative species observed included cypress, red maple, sweetgum, laurel oak, water tupelo, red bay, dahoon holly, buttonbush, alligator flag, broomsedge, redroot, Virginia chain fern, cattail, and Canna lily (Canna spp.). Because this wetland is small in size and mostly located in the SR 50 R/W, it is anticipated to provide little wildlife habitat.
Wetland AC is a large Wetland Forested Mixed (FLUCCS 6300) community wetland located on the south side of SR 50. The vegetative species observed included red maple, sweetgum, laurel oak, cabbage palm, slash pine, sweetbay magnolia, lizard’s tail, cinnamon fern, nettle grass (Urtica dioica), and Virginia chain fern. Because the larger wetland system extends south into the Withlacoochee State Forest to Riverland Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, birds, and reptiles.
Wetland AD is a Wetland Forested Mixed (FLUCCS 6300) community located south of SR 50 and west of Riverland Clay Sink Road adjacent to the State Forest. Sweetgum, laurel oak, red maple, cypress, Carolina willow, Peruvian primrose, cinnamon fern, bulltongue arrowhead, and maidencane comprise some of the vegetative species within this mostly forested wetland. Because the larger wetland system extends into the Withlacoochee State Forest, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, birds and reptiles.
Wetland AE is a Wetland Forested Mixed (FLUCCS 6300) community located north of SR 50. The vegetative species observed included red maple, cypress, laurel oak, Peruvian primrose, cinnamon fern, and bulltongue arrowhead. Because the larger wetland system extends north into the Withlacoochee State Forest, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, birds, and reptiles.
Wetland XX is a Stream and Lake Swamps (FLUCCS 6150) community along the east side of the CSX railroad. The system is located outside of the project R/W (south of SR 50) and not impacted to this wetland are anticipated. Vegetation observed within this wetland included sweetgum, American elm, red maple, bacopa (Bacopa caroliniana), and rush (Juncus spp.). Because this wetland is small in size and is disturbed due to its proximity to the railroad, it is anticipated to provide limited wildlife habitat. The proposed project will not impact to Wetland XX.
Wetland YY is a Freshwater Marsh (FLUCCS 6410) community located on the west side of the CSX railroad, south of SR 50, and consists of a disturbed freshwater marsh in an active cow pasture. Vegetation observed within this wetland included Carolina willow, American elm, maidencane, bulltongue arrowhead, and bacopa. Although this wetland is low quality, open water features may provide habitat for wading birds and amphibians. The proposed project will not impact to Wetland YY.
Nine Other Surface Waters (OSWs) were observed within and adjacent to the project area. These OSWs primarily consisted of upland-cut conveyance swales/ditches located either adjacent to SR 50. One exception is OSW A, which appeared to be partially wetland-cut. Herbaceous wetland vegetation was observed in these OSWs during the field review.
PROPOSED WORK: The applicant seeks authorization to discharge fill material over 28.22 acres of waters of the United States (surface waters and wetlands) to widen the existing two-lane rural roadway of SR 50 to a four-lane rural roadway from the SR 35/US 301 to the Hernando/Sumter County Line. The widening involves the reconstruction and resurfacing of the existing SR 50 lanes to create two westbound lanes and constructing two new eastbound lanes south of the existing roadway. The primary typical section between US 301 and the Hernando/Sumter County Line will maintain the cross slope of the existing lanes and have the inside travel lane drain into the median. A 10’ asphalt shared-use path on the roadway’s south side will also be constructed. Along with a bridge over the CFX railroad line located approximately 0.75 miles east of US 301 is proposed as part of the recommended widening concept. The bridge over the railroad will have the shared use path connected to the south side of the eastbound bridge. Two new stormwater retention ponds and floodplain compensation areas are proposed east and west of the proposed railroad bridge.
AVOIDANCE AND MINIMIZATION INFORMATION – The Project Development and Environmental (PD&E) study evaluated alternative designs for the roadway improvements that would reduce impacts to wetland resources. During this study, multiple design alternatives were explored in order to reduce or eliminate adverse impacts to wetlands that were found to be unfeasible from an engineering perspective. A full range of avoidance, minimization, and mitigation options were considered in developing this project to avoid long-term and short-term impacts to wetland resources and to avoid new construction in wetlands, wherever practicable. Because the alignment of SR 50 was already established by the existing road, opportunities to reduce wetland impacts within the existing R/W were limited. The avoidance of wetland and state land impacts was an important consideration in stormwater pond siting. All stormwater ponds and floodplain compensation areas are located outside the Withlacoochee State Forest to avoid wetland and minimize state land impacts.
To further reduce impacts to the wildlife and Withlacoochee State Forest, FDOT is proposing the placement of three wildlife permeability structures, two elliptical pipes (29” x 45” and 48” x 76”) and one (8’ x 12’) box culvert along the project corridor.
These structures will facilitate wildlife movement and permeability within the region, and during storm events provide flood abatement. The proposed stormwater treatment facilities will improve water quality currently entering the basin by constructing ponds and swales along the project corridor for treatment. In addition, the proposed stormwater treatment facilities will improve water quality from entering the basin in the current condition. To reduce edge effect, the Withlacoochee State Forest has an active land management plan that requires the Florida Forestry Service (FFS) to manage invasive and exotic species within the state forest and along SR 50. The management of invasive and exotic species will continue after the proposed project is constructed.
Construction impacts to wetlands will be minimized through appropriate stormwater design and compliance with all applicable federal, state and local regulations through final project design and construction. The FDOT is committed to observing water quality and attenuation requirements set forth by the SWFWMD Environmental Resource Permit Applicant’s Handbook (Volume II) throughout all project phases.
COMPENSATORY MITIGATION – The applicant proposes to utilize 21.14 functional gain units from the Colt Creek State Park mitigation area to offset wetland impacts. The applicant proposes that the use of Colt Creek State Park mitigation area provides practical and ecologically beneficial compensation for wetlands impacted in association with the SR 50 roadway improvement project.
CULTURAL RESOURCES: By letter dated February 11, 2019, the FDOT as part of the Project Development and Environmental Study, provided the SHPO a completed Cultural Resource Assessment Survey (CRAS) for the proposed project. The State Historic Preservation Officer concluded that no archaeological or historical sites are expected to be encountered during project construction and the proposed project will have no effect upon any properties or resources that are eligible for listing in the National Register of Historic Places. This concurrence was dated February 21, 2019 and assigned DHR No. 2018-1573F. 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: Florida scrub jay (Aphelocoma coerulescens), red-cockaded woodpecker (Picoides borealis), Wood stork (Mycteria Americana), and Eastern Indigo snake (Drymarchon corais couper)
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. Shrub and brush land habitat throughout the project exhibit some of these characteristics but do not contain the dense scrub vegetation typical of suitable scrub-jay habitat. Additionally, the project is along and abuts the existing SR 50 roadway. Therefore, the Corps has determined that the proposed project would have “no effect” on this species.
Red-cockaded Woodpecker (Picoides borealis): The project area consists of an existing roadway and wetlands. The woodpecker live and forage in mature pine forests, specifically those with longleaf pines averaging over 80 to 120 years old and loblolly pines averaging 70 to 100 years old. The red-cockaded woodpeckers live in groups with a breeding pair and as many as four helpers, usually male offspring from the previous year. Each group needs about 200 acres of old pine forest to support its foraging and nesting needs. Therefore the Corps determination for the proposed project is “no effect” to the woodpecker.
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 three wood stork nesting colonies. Using the Effect Determination Key for the Wood Stork in Central and North Florida (USFWS, 2010), the project is not within 2,500 feet of an active colony site but will impact more than 0.5 acre of Suitable Foraging Habitat (SFH). No wood storks have been observed foraging on site. 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. The proposed widening will result no net loss of wood stork SFH, as the SFH will be replaced through the construction of 5.04 acres of roadside ditches and 11.39 acres of SFH within ponds. 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: The potential impacts to the endangered Eastern Indigo snake were evaluated using The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C > D > E “not likely to adversely affect” the Eastern Indigo snake. This is due to less than 25 acres of eastern indigo snake habitat will be impacted during site preparation and project construction. Additionally, all active and inactive (potentially occupied) gopher tortoise burrows will be excavated prior to site manipulation in the vicinity of the burrow. Other holes, cavities and snake refugia will be inspected before site manipulation. If an eastern indigo snake is encountered in the refugia or in the project area, no work will commence until the snake has vacated the vicinity of proposed work. Also the applicant proposes to follow the FWS approved Standard Protection Measures for the Eastern Indigo Snake during the clearing and construction phases of the project.
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 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. 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.
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 (FDOT), District 7
Attn: Ms. Virginia Creighton
11201 N. McKinley Drive
Tampa, Florida 33612
WATERWAY AND LOCATION: The project is located in waters of the United States associated freshwater wetlands that flow into the Little Withlacoochee River. The project site is located along State Road (SR) 50 from east of US 301 to the Hernando County line, a distance of approximately 4.78 miles in length, in Section 34 of Township 22 South, Range 22 East, Sections 01, 02, 11, 12 of Township 23 South, Range 21 East, and Sections 03, 04, 05, 06, 07, 08, 09 of Township 23 South, Range 22 East in Hernando County, FL.
Directions to the site from Jacksonville are as follows: Take/Continue on I-10 west for 18.5 miles, then take exit 343 on to US 301 south for 75.5 miles. Take a right onto NW 77th Street for 1.4 miles, then turn right on SR 326 west for 1.4 miles to I-75. Turn right and onto I-75 south for 55.9 miles, then take exit 301. Turn left on US 98/ SR 50 for 3 miles and the project begins east of the intersection of SR 50 and SR 35/US 301 and continues for 4.78 miles to the Hernando/Sumter County line.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.51595°
Longitude -82.133486°
PROJECT PURPOSE:
Basic: Linear transportation improvements.
Overall: The overall project purpose is to construct roadway improvements within the SR 50 corridor to reduce congestion, improve traffic operations, improve public safety in western Sumter County, and to improve hurricane evacuation and emergency response capabilities in Hernando, Sumter, and Lake County.
EXISTING CONDITIONS: SR 50 is a two-lane, rural undivided roadway that crosses the Little Withlacoochee River. Wetlands within and adjacent to the project area can be largely grouped into three community types: Streams and Lake Swamps (FLUCFCS 615), Wetland Forested Mixed (FLUCFCS 630) and Cypress (FLUCFCS 621) associated with the floodplain of the Little Withlacoochee River. 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:
Urban and Built-Up (FLUCFCS 100) – According to the FDOT (FLUCFCS 1999, p.12), the Urban and Built-up classification, “consists of areas of intensive use with much of the land occupied by man-made structures.” Residential, commercial, recreational, industrial, and institutional developments are included in this category. Within the project corridor, identified Urban Land uses includes residential, low density (FLUCFCS 110), industrial (FLUCFCS 150), and extractive (FLUCFCS 160). The urban and built up land uses generally occur at the western portion of the project near US 301 and makes up approximately 1% of the project area.
Agriculture (FLUCFCS 200) – This classification consists of “lands which are cultivated to produce food crops and livestock” (FDOT, FLUCFCS 1999, p.22). Cropland, pastureland, orchards, groves (except citrus), vineyards, nurseries, ornamental horticulture areas, citrus groves, confined feeding operations, specialty farms and other agriculture are included in this category. Within the project area, identified Agricultural land use include improved pasture (FLUCFS 211). The improved pasture land use occurs throughout the western portion of the project, generally in the proposed pond site locations, and makes up approximately 16% of the project area.
Rangeland (FLUCFCS 300) – According to the FDOT (FLUCFCS 1999, p.27), the Rangeland classification, “has been defined as land where the potential natural vegetation is predominantly grasses, grasslike plants, forbs or shrubs and is capable of being grazed.” This category includes herbaceous and mixed rangeland and includes saw palmetto (Serenoa repens), gallberry (Ilex glabra), and wax myrtle (Morella cerifera). This land use exists near the central portion of the project and make up approximately 7% of the project area.
Upland Forests (FLUCFCS 400) – Upland forests may consist of “upland areas which support a tree canopy closure of ten percent or more” (FDOT, FLUCFCS 1999, p.29). Coniferous forests, hardwood forests, and tree plantations are included in this category. Within the project corridor, identified Upland Forests Land uses include upland coniferous forests, pine flatwoods, hardwood-coniferous mixed forest, and tree plantations. The varying upland forests exists along the entire portion of SR 50 project corridor, except near the western end. Hardwood-conifer mixed forests exist both north and south of SR 50 at the southern project terminus. This habitat consists of a forest canopy composed of live oak (Quercus virginiana), sweetgum (Liquidambar styraciflua), and laurel oak (Quercus laurifolia). Observed understory species include saw palmetto, American beautyberry (Callicarpa americana), beggarticks (Bidens alba), and bracken fern (Pteridium aquilinum). The upland forested land uses make up approximately 30% of the project area.
Wetland Communities and Surface Waters:
Wetland A is a forested Stream and Lake Swamps (FLUCFCS 6150) and Cypress (FLUCFCS 6210) community that is contiguous with the Little Withlacoochee River. The Little Withlacoochee River flows under SR 50 from south to north. Wetland A consists of freshwater forested and open surface water stream habitats. Canopy tree species include water tupelo (Nyssa aquatica), bald cypress (Taxodium distichum), American elm (Ulmus americana), pond pine (Pinus serotina), slash pine (Pinus elliottii), southern magnolia (Magnolia grandiflora), and winged elm (Ulmus alata). Saw palmetto is the dominant shrub species, with cinnamon fern (Osmunda cinnamomea), and royal fern (Osmunda regalis) ground cover. Wetland A has high ecological value for fish and wildlife and is associated with the Withlacoochee State Forest. The forested areas also provide habitat for reptiles, amphibians, and various mammals. The open water portion of the Little Withlacoochee River provides water storage, flood abatement, and detrital transport to downstream locations.
Wetland B is a large, interconnected, forested Stream and Lake Swamps (FLUCCS 6150) and Cypress (FLUCCS 6210) community associated with the floodplain of the Little Withlacoochee River located on the north side of SR 50. Dominant vegetative species observed within this wetland included water tupelo, cypress, American elm, sweetgum, live oak, dogwood (Cornus florida), alligator flag (Thalia ganiculata), and bulltongue arrowhead (Sagittaria lancifolia). Due to its size, interconnected nature, and being located with the Withlacoochee State Forest, Wetland B is anticipated to be utilized by wildlife; Wetland B may provide habitat for the American alligator (Alligator mississippiensis) and a variety of reptiles and amphibians.
Wetland C is the outer fringe of a Cypress (FLUCCS 6210) community and is located on the north side SR 50 along the Little Withlacoochee River State Park. This wetland consists of forested habitat that is associated with the floodplain of the Little Withlacoochee River. The vegetative species observed include: water tupelo, red maple (Acer rubrum), sweetbay magnolia, pond pine (Pinus serotine), red bay (Persea borbonia), cinnamon fern, Peruvian primrose (Ludwigia peruviana), saltbush (Baccharis halimifolia), jack-in-the-pulpit (Arisaema triphyllum), pickerelweed (Pontederia cordata), false nettle (Boehmeria cylindrica), and beggartick. Due to this wetland being located within the Withlacoochee State Forest it is anticipated that this wetland could be utilized by mammals, amphibians, fish, and reptiles.
Wetlands D, E, and F are Wetland Forested Mixed (FLUCCS 6300) communities located on the north side of SR 50 located within historic pine flatwoods within the Withlacoochee State Forest. These wetlands are all similar in composition and consist of forested habitat that is associated with Little Withlacoochee River floodplain. Due to being located within the Withlacoochee State Forest it is anticipated that these wetlands could be utilized by mammals, amphibians, fish, and reptiles.
The vegetative species observed within Wetland D included red bay, red maple, slash pine, American elm, maidencane (Panicum hemitomon), bulltongue arrowhead, and soft rush (Juncus effusus).
Wetland E is vegetated by cypress, red maple, American elm, water oak (Quercus nigra), laurel oak, slash pine, pond pine, Virginia chain fern (Woodwardia virginica), maidencane, and cinnamon fern.
Vegetative species observed within Wetland F included red maple, cypress, dahoon holly (Ilex cassine), laurel oak, slash pine, dogwood, sugarcane plumegrass (Saccharum giganteum), St. John’s wort (Hypericum fasciculatum), and redroot (Lachnanthes caroliniana).
Wetland G is a large, interconnected, Wetland Forested Mixed (FLUCCS 6300) community associated with the floodplain of the Little Withlacoochee River. This system is located on the north side of SR 50 and intersects with the project area in two locations along the project corridor. Wetland G consists of freshwater forested, herbaceous, and open habitats; however, only forested habitat is located within the project area. The forested habitat discussed in this assessment area is vegetated by cypress, red maple, slash pine, dogwood, sweetgum, hackberry (Celtis occidentalis), dahoon holly, buttonbush (Cephalanthus occidentalis), maidencane, sawgrass (Cladium spp.), bulltongue arrowhead, and fragrant water lily (Nymphaea ordorata). Due to its size, interconnected nature, and being located with the Withlacoochee State Forest, Wetland G is anticipated to be utilized by wildlife, including a variety of mammals, reptiles, and amphibians.
Wetland I is a Wetland Forested Mixed (FLUCCS 6300) community located south of SR 50. Observed vegetation within this wetland incudes cypress, red maple, slash pine, sweetgum, water oak, cinnamon fern, and royal fern. Wetland I will not be impacted by the proposed project.
Wetland I-1 is a depressional Wet Prairies (FLUCCS 6430) community wetland located within an active cow pasture on the north side of SR 50. Wetland I-1 consists of herbaceous and open water habitats and is hydrologically connected to neighboring wetland systems via outfall structures along SR 50. The vegetative species observed within this wetland included dahoon holly, maidencane, and bulltongue arrowhead. This wetland boundary was delineated by others as part of a Florida Department of Environmental Protection (FDEP) Individual ERP (Permit Number 231412-002) for the expansion of the West Florida Aggregates Mine. Under 231412-002, Wetland I-1 was completely impacted and mitigation for these impacts were provided through the preservation of land at the mine through a conservation easement over 19.40 acres of herbaceous and cypress wetlands and 21.7 acres of pine flatwoods and mixed hardwood uplands. The proposed project will not result in additional impacts to Wetland I-1.
Wetland J is Cypress (FLUCCS 6210) community located along the south side of SR 50. Observed vegetation in the mostly forested wetland included cypress, red maple, sweetgum, water oak, cinnamon fern, and royal fern. Because the larger wetland system is located within the Withlacoochee State Forest, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetlands K and L are Cypress (FLUCCS 6210) communities that were historically connected but are now bisected by Riverland Road. Both forested wetlands are dominated by cypress and are located along the south side of SR 50 within the Withlacoochee State Forest. These wetlands occur within an upland-wetland matrix of pine forests and cypress depressions within the Little Withlacoochee River floodplain. The vegetative species observed included cypress, red maple, laurel oak, salt bush, and cinnamon fern.
Wetland K is located west of Riverland Road. This wetland consists of forested and open water habitats and is hydrologically connected to Wetland J. It is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland L is a small forested wetland located east of Riverland Road. As this wetland has been partially isolated by SR 50 and Riverland Road; therefore, wildlife utilization is likely diminished due to fragmentation.
Wetland M is a Cypress (FLUCCS 6210) community located along the south side of SR 50 adjacent to the Withlacoochee State Forest. Dominant vegetation observed included red maple, cypress, laurel oak, water oak, American elm, cinnamon fern, various sedges, royal fern, and pickerelweed. Outside of the project area, the wetland extends to south into the Withlacoochee State Forest to Riverland Road and could be used by a variety of mammals, amphibians, fish and reptiles.
Wetland N is a depressional Freshwater Marsh (FLUCCS 6410) community located on the south side of SR 50. Vegetation observed included cypress, red maple, slash pine, Carolina willow (Salix caroliniana), pickerelweed, sedges (Carex spp.), and cinnamon fern. Wetland N is contiguous within the Withlacoochee State Forest; therefore, it could be used by a variety of mammals, amphibians, fish, birds and reptiles.
Wetland O is a large Cypress (FLUCCS 6210) community located on the south side of SR 50. Cypress, red maple, laurel oak, Peruvian primrose, salt bush, cinnamon fern, bulltongue arrowhead, cattail (Typha spp.), jack-in-the-pulpit, and pickerelweed comprise the vegetative species within this mostly forested wetland. Because the larger wetland system extends south into the Withlacoochee State Forest to Riverland Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland P is a Cypress (FLUCCS 6210) community with an open water center. This system is located on the south side of SR 50. This mostly forested wetland contains cypress, red maple, laurel oak, Carolina willow, and duckweed (Lemna spp). Although the wetland is bordered by roadways to the north (SR 50) and west (Richloam Clay Sink Road), the wetland extends into the State Forest and could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland P-7 is a depressional Freshwater Marsh (FLUCCS 6410) community located within an active cow pasture on the north side of SR 50. Wetland P-7 consists of mostly herbaceous and open water habitats. The vegetative species observed within this wetland included bulltongue arrowhead, maidencane, Carolina willow, and fragrant water lily. This wetland boundary was delineated by others as part of a FDEP Individual ERP (Permit Number 231412-002) for the expansion of the West Florida Aggregates Mine. Under 231412-002, no impacts to the system were proposed and the system was preserved. Similarly, there are no impacts to Wetland P-7 with the proposed widening of SR 50.
Wetland Q is a large Cypress (FLUCCS 6210) community and a Stream and Lake Swamps (FLUCCS 6150) community located on the south side of SR 50. Dominant forest vegetation includes cypress, slash pine, red maple, American elm, royal fern, slender wood oats (Chasmanthium laxum), and cinnamon fern. Because the larger wetland system extends into the Withlacoochee State Forest to Richloam Clay Sink Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetlands R and S are Stream and Lake Swamps (FLUCCS 6150) communities that hydrologically connected within the project R/W by OSW-G and intergrade outside of the project R/W within the State Forest to the south. Both wetlands contain forested and open water habitats within the Little Withlacoochee River floodplain. The vegetative species observed included cypress, red maple, laurel oak, American elm, sweetgum, cabbage palm (Sabal palmetto), lizard's tail (Saururus cernuus), cinnamon fern, and various sedges. Because the larger wetland system extends into the Withlacoochee State Forest, it is anticipated that these wetlands could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland T is a Cypress (FLUCCS 6210) community and a Stream and Lake Swamps (FLUCCS 6150) community located along southeast side of SR 50 adjacent to the Withlacoochee State Forest. The vegetative species observed within this wetland included cypress, red maple, slash pine, laurel oak, water oak, American elm, and sawgrass. Because the larger wetland system extends into the State Forest, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, birds, fish, and reptiles.
Wetland U is a small, isolated Wetland Forested Mixed (FLUCCS 6300) community located along the southeast side of SR 50, predominantly within the project R/W. The vegetative species observed included laurel oak, slash pine, American elm, red maple, lizard's tail, slender wood oats, and various sedges. Because this wetland is small in size and mostly located in the SR 50 R/W, it is anticipated to provide little wildlife habitat.
Wetland V is a Wetland Forested Mixed (FLUCCS 6300) community located along the southeast side of SR 50 adjacent to the Withlacoochee State Forest. The vegetative species observed included laurel oak, slash pine, red maple, American elm, lizard's tail, and slender wood oats. The larger wetland system does extend into the State Forest; however, it is partially fragmented by a forest road to the south. Despite this, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland W is a large Stream and Lake Swamps (FLUCCS 6150) community located on the east side of SR 50. Cypress, laurel oak, sweetbay magnolia, American elm, cabbage palm, dahoon holly, and cinnamon fern comprise some of the vegetative species within this mostly forested wetland. Because the larger wetland system extends into the Withlacoochee State Forest to Riverland Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, birds, and reptiles.
Wetland X is a Wetland Forested Mixed (FLUCCS 6300) community located along east side of SR 50 adjacent to the Withlacoochee State Forest. The vegetative species observed within this wetland included red maple, slash pine, black gum, American elm, Carolina willow, Peruvian primrose, cinnamon fern, bulltongue arrowhead, smartweed (Polygonum hydropiperoides), and lizard's tail. The larger wetland system does extend into the State Forest; however, it is partially fragmented by a forest road to the south. Despite this, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland Y is a small, isolated Freshwater Marsh (FLUCCS 6410) community located along the southeast side of SR 50 and extending into the State Forest. The vegetative species observed included cypress, red maple, pond pine, longleaf pine (Pinus palustris), saw palmetto, broomsedge (Andropogon virginicus), redroot, and Virginia chain fern. Because this wetland is small in size and, it is anticipated to provide limited wildlife habitat.
Wetland Z is a large Stream and Lake Swamps (FLUCCS 6150) community and a Mixed Scrub-Shrub Wetland (FLUCCS 6460) community located east of SR 50 and south of Riverland Clay Sink Road adjacent to the State Forest. Sweetgum, laurel oak, red maple, cypress, Carolina willow, Peruvian primrose, cinnamon fern, bulltongue arrowhead, and maidencane comprise some of the vegetative species within this forested wetland. Because the larger wetland system extends into the Withlacoochee State Forest to Riverland Clay Sink Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, and reptiles.
Wetland AA is a small, isolated Freshwater Marsh (FLUCCS 6410) community located along the southeast side of SR 50, within the project R/W. The vegetative species observed included red maple, longleaf pine, wax myrtle, broomsedge, redroot, Virginia chain fern, St. John’s wort, and blackberry (Rubus spp.). Because this wetland is small in size and mostly located in the SR 50 R/W, it is anticipated to provide limited wildlife habitat.
Wetland AB is a small isolated Mixed Scrub-Shrub Wetland (FLUCCS 6460) community located along the southeast side of SR 50, predominantly within the project R/W. The vegetative species observed included cypress, red maple, sweetgum, laurel oak, water tupelo, red bay, dahoon holly, buttonbush, alligator flag, broomsedge, redroot, Virginia chain fern, cattail, and Canna lily (Canna spp.). Because this wetland is small in size and mostly located in the SR 50 R/W, it is anticipated to provide little wildlife habitat.
Wetland AC is a large Wetland Forested Mixed (FLUCCS 6300) community wetland located on the south side of SR 50. The vegetative species observed included red maple, sweetgum, laurel oak, cabbage palm, slash pine, sweetbay magnolia, lizard’s tail, cinnamon fern, nettle grass (Urtica dioica), and Virginia chain fern. Because the larger wetland system extends south into the Withlacoochee State Forest to Riverland Road, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, birds, and reptiles.
Wetland AD is a Wetland Forested Mixed (FLUCCS 6300) community located south of SR 50 and west of Riverland Clay Sink Road adjacent to the State Forest. Sweetgum, laurel oak, red maple, cypress, Carolina willow, Peruvian primrose, cinnamon fern, bulltongue arrowhead, and maidencane comprise some of the vegetative species within this mostly forested wetland. Because the larger wetland system extends into the Withlacoochee State Forest, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, birds and reptiles.
Wetland AE is a Wetland Forested Mixed (FLUCCS 6300) community located north of SR 50. The vegetative species observed included red maple, cypress, laurel oak, Peruvian primrose, cinnamon fern, and bulltongue arrowhead. Because the larger wetland system extends north into the Withlacoochee State Forest, it is anticipated that this wetland could be utilized by a variety of mammals, amphibians, fish, birds, and reptiles.
Wetland XX is a Stream and Lake Swamps (FLUCCS 6150) community along the east side of the CSX railroad. The system is located outside of the project R/W (south of SR 50) and not impacted to this wetland are anticipated. Vegetation observed within this wetland included sweetgum, American elm, red maple, bacopa (Bacopa caroliniana), and rush (Juncus spp.). Because this wetland is small in size and is disturbed due to its proximity to the railroad, it is anticipated to provide limited wildlife habitat. The proposed project will not impact to Wetland XX.
Wetland YY is a Freshwater Marsh (FLUCCS 6410) community located on the west side of the CSX railroad, south of SR 50, and consists of a disturbed freshwater marsh in an active cow pasture. Vegetation observed within this wetland included Carolina willow, American elm, maidencane, bulltongue arrowhead, and bacopa. Although this wetland is low quality, open water features may provide habitat for wading birds and amphibians. The proposed project will not impact to Wetland YY.
Nine Other Surface Waters (OSWs) were observed within and adjacent to the project area. These OSWs primarily consisted of upland-cut conveyance swales/ditches located either adjacent to SR 50. One exception is OSW A, which appeared to be partially wetland-cut. Herbaceous wetland vegetation was observed in these OSWs during the field review.
PROPOSED WORK: The applicant seeks authorization to discharge fill material over 28.22 acres of waters of the United States (surface waters and wetlands) to widen the existing two-lane rural roadway of SR 50 to a four-lane rural roadway from the SR 35/US 301 to the Hernando/Sumter County Line. The widening involves the reconstruction and resurfacing of the existing SR 50 lanes to create two westbound lanes and constructing two new eastbound lanes south of the existing roadway. The primary typical section between US 301 and the Hernando/Sumter County Line will maintain the cross slope of the existing lanes and have the inside travel lane drain into the median. A 10’ asphalt shared-use path on the roadway’s south side will also be constructed. Along with a bridge over the CFX railroad line located approximately 0.75 miles east of US 301 is proposed as part of the recommended widening concept. The bridge over the railroad will have the shared use path connected to the south side of the eastbound bridge. Two new stormwater retention ponds and floodplain compensation areas are proposed east and west of the proposed railroad bridge.
AVOIDANCE AND MINIMIZATION INFORMATION – The Project Development and Environmental (PD&E) study evaluated alternative designs for the roadway improvements that would reduce impacts to wetland resources. During this study, multiple design alternatives were explored in order to reduce or eliminate adverse impacts to wetlands that were found to be unfeasible from an engineering perspective. A full range of avoidance, minimization, and mitigation options were considered in developing this project to avoid long-term and short-term impacts to wetland resources and to avoid new construction in wetlands, wherever practicable. Because the alignment of SR 50 was already established by the existing road, opportunities to reduce wetland impacts within the existing R/W were limited. The avoidance of wetland and state land impacts was an important consideration in stormwater pond siting. All stormwater ponds and floodplain compensation areas are located outside the Withlacoochee State Forest to avoid wetland and minimize state land impacts.
To further reduce impacts to the wildlife and Withlacoochee State Forest, FDOT is proposing the placement of three wildlife permeability structures, two elliptical pipes (29” x 45” and 48” x 76”) and one (8’ x 12’) box culvert along the project corridor.
These structures will facilitate wildlife movement and permeability within the region, and during storm events provide flood abatement. The proposed stormwater treatment facilities will improve water quality currently entering the basin by constructing ponds and swales along the project corridor for treatment. In addition, the proposed stormwater treatment facilities will improve water quality from entering the basin in the current condition. To reduce edge effect, the Withlacoochee State Forest has an active land management plan that requires the Florida Forestry Service (FFS) to manage invasive and exotic species within the state forest and along SR 50. The management of invasive and exotic species will continue after the proposed project is constructed.
Construction impacts to wetlands will be minimized through appropriate stormwater design and compliance with all applicable federal, state and local regulations through final project design and construction. The FDOT is committed to observing water quality and attenuation requirements set forth by the SWFWMD Environmental Resource Permit Applicant’s Handbook (Volume II) throughout all project phases.
COMPENSATORY MITIGATION – The applicant proposes to utilize 21.14 functional gain units from the Colt Creek State Park mitigation area to offset wetland impacts. The applicant proposes that the use of Colt Creek State Park mitigation area provides practical and ecologically beneficial compensation for wetlands impacted in association with the SR 50 roadway improvement project.
CULTURAL RESOURCES: By letter dated February 11, 2019, the FDOT as part of the Project Development and Environmental Study, provided the SHPO a completed Cultural Resource Assessment Survey (CRAS) for the proposed project. The State Historic Preservation Officer concluded that no archaeological or historical sites are expected to be encountered during project construction and the proposed project will have no effect upon any properties or resources that are eligible for listing in the National Register of Historic Places. This concurrence was dated February 21, 2019 and assigned DHR No. 2018-1573F. 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: Florida scrub jay (Aphelocoma coerulescens), red-cockaded woodpecker (Picoides borealis), Wood stork (Mycteria Americana), and Eastern Indigo snake (Drymarchon corais couper)
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. Shrub and brush land habitat throughout the project exhibit some of these characteristics but do not contain the dense scrub vegetation typical of suitable scrub-jay habitat. Additionally, the project is along and abuts the existing SR 50 roadway. Therefore, the Corps has determined that the proposed project would have “no effect” on this species.
Red-cockaded Woodpecker (Picoides borealis): The project area consists of an existing roadway and wetlands. The woodpecker live and forage in mature pine forests, specifically those with longleaf pines averaging over 80 to 120 years old and loblolly pines averaging 70 to 100 years old. The red-cockaded woodpeckers live in groups with a breeding pair and as many as four helpers, usually male offspring from the previous year. Each group needs about 200 acres of old pine forest to support its foraging and nesting needs. Therefore the Corps determination for the proposed project is “no effect” to the woodpecker.
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 three wood stork nesting colonies. Using the Effect Determination Key for the Wood Stork in Central and North Florida (USFWS, 2010), the project is not within 2,500 feet of an active colony site but will impact more than 0.5 acre of Suitable Foraging Habitat (SFH). No wood storks have been observed foraging on site. 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. The proposed widening will result no net loss of wood stork SFH, as the SFH will be replaced through the construction of 5.04 acres of roadside ditches and 11.39 acres of SFH within ponds. 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: The potential impacts to the endangered Eastern Indigo snake were evaluated using The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of the Eastern Indigo snake key resulted in the following sequential determination: A > B > C > D > E “not likely to adversely affect” the Eastern Indigo snake. This is due to less than 25 acres of eastern indigo snake habitat will be impacted during site preparation and project construction. Additionally, all active and inactive (potentially occupied) gopher tortoise burrows will be excavated prior to site manipulation in the vicinity of the burrow. Other holes, cavities and snake refugia will be inspected before site manipulation. If an eastern indigo snake is encountered in the refugia or in the project area, no work will commence until the snake has vacated the vicinity of proposed work. Also the applicant proposes to follow the FWS approved Standard Protection Measures for the Eastern Indigo Snake during the clearing and construction phases of the project.
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 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. 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.