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 5
Attn: Ms. Casey Lyon
719 South Woodland Blvd.
Deland, Florida 32720
WATERWAY AND LOCATION: The project would affect waters of the U.S. (wetlands and surface waters) associated with the Little Withlacoochee River. The project is located along SR 50 in Sections 22, 23, 24, 27, and 34, Township 22 South, Range 22 East; Section 34, Township 22 South, Range 22 East; and Section 03, Township 23 South, Range 22 East, Sumter County, Florida.
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 7.8 miles and the project begins at the Hernando/Sumter County line and extends 3.6 miles eastward in Sumter County.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.538432°
Longitude -82.083696°
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 four community types: Streams and Lake Swamps (FLUCFCS 615), Cypress (FLUCFCS 621), Wetland Forested Mixed (FLUCFCS 630), and Freshwater Marshes (FLUCFCS 641) 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 include rural residential (FLUCFS 118) and commercial (FLUCFS 140). Rural residential land use occurs throughout the northern portion of the project and makes up approximately 22% of the project area. The commercial land use exists towards the northern end of project.
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 uses include improved pasture (FLUCFS 211) and other open lands (FLUCFCS 260). The improved pasture land use occurs throughout the northern portion of the project and makes up approximately 38% of the project area. Other open lands occur on the northside of SR 50 in the central portion of the project.
Rangeland (FLICFCS 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 grassland, shrub and brushland and mixed rangeland. Shrub and brushland exists at the northern project terminus, and this category includes saw palmetto (Serenoa repens), gallberry (Ilex glabra), and wax myrtle (Morella cerifera).
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, hardwood forest, hardwood-coniferous mixed forest, and tree plantations. A hardwood forest (FLUCFCS 420) exists along the northside of SR 50 in the center of the project corridor. 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).
Wetland Communities and Surface Waters:
Wetland 1 is classified as a Cypress (FLUCFCS 621) and Hardwood-Coniferous Mixed
(FLUCFCS 434) system. Wetland 1 is contiguous with the Little Withlacoochee River.
Canopy trees near the river are dominated by bald cypress (Taxodium distichum) with American elm (Ulmus americana), water hickory (Carya aquatica), sweetgum, red maple (Acer rubrum) and pond pine (Pinus serotina). Other vegetation observed included Virginia chain fern (Woodwardia virginica), saw palmetto, beggarticks, and grapevine (Vitis rotundifolia). Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 2 is classified as consisting of Hardwood-Coniferous Mixed (FLUCFCS 434), Cypress (FLUCFCS 621), Wetland Forested Mixed (FLUCFCS 630), Tree Plantations (FLUCFCS 440), and Rural Residential (FLUCFCS 118) land uses. Wetland 2 is hydrologically connected to the Little Withlacoochee River. Trees in this community include sweetgum, red maple, slash pine (Pinus elliottii), American elm, water hickory, bald cypress and pond pine. Other vegetation included saw palmetto, Virginia chain fern, poison ivy (Toxicodendron radicans), sword fern (Nephrolepis cordifolia), and Virginia creeper (Parthenocissus quinquefolia). Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 4 is classified as a Rural Residential (FLUCFCS 118) and Reservoir (FLUCFCS 530) system. Trees in this community include red maple, slash pine and laurel oak. Other vegetation included salt bush (Baccharis halimifolia), wax myrtle, bulltongue arrowhead (Sagittaria lancifolia), Ceasarweed (Urena lobata), blackberry (Rubus pensilvanicus), cogongrass (Imperata cylindrica), chalky bluestem, and saw greenbrier (Smilax bona-nox). A portion of this wetland consists of a small cattle pond that is vegetated with duckweed (Lemna obscura). Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 5 is classified as a Rural Residential (FLUCFCS 118). Trees are dominated by laurel oak with scattered bald cypress, red maple, American elm, and common persimmon (Diospyros virginiana). Other vegetation included grapevine, beggarsticks, poison ivy, and Virginia creeper. Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils.
Wetland 6 is classified as a Rural Residential (FLUCFCS 118) and Improved Pasture (FLUCFCS 211) land uses. Trees are dominated by laurel oak with scattered red maple. Other vegetation included salt bush, grapevine, beggarsticks, Virginia creeper, starrush whitetop (Rhynchospora colorata), marsh pennywort (Hydrocotyle umbellate), and spadeleaf (Centella asiatica). Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils.
Wetland 7 is classified as a Freshwater Marsh (FLUCFCS 641) and Improved Pasture (FLUCFCS 211) land uses. Vegetation within this community consists of Lizard’s tail (Saururus cernuus) bulltongue arrowhead, pickerelweed (Pontederia cordata), spadeleaf, flatsedge (Cyperus spp.) starrush whitetop, smartweed (Persicaria setacea), soft rush (Juncus effusus), rattlebox (Sesbania punicea), Peruvian primrose willow (Ludwigia peruviana), and dogfennel (Eupatorium capillifolium). Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 8 is classified as a Freshwater Marsh (FLUCFCS 641) and Improved Pasture (FLUCFCS 211) land uses. Perimeter vegetation consists of elderberry (Sambucus nigra), salt bush, Carolina willow (Salix caroliniana), Peruvian primrose willow and grapevine. Interior vegetation includes bulltongue arrowhead, pickerelweed, white waterlily (Nymphaea odorata), and duckweed (Lemna obscura). Forested areas on the edge of the marsh include laurel oak, red maple, common persimmon (Diospyros virginiana), bald cypress and American elm. Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 9 is classified as Rural Residential (FLUCFCS 118) land use. Trees in this wetland have not reached canopy height and include red maple, slash pine and water oak (Quercus nigra). Other vegetation observed includes starrush whitetop, Elliott’s yellow-eyed grass (Xyris elliottii), Nuttall’s meadow beauty (Rhexia nuttallii), and various sedges (Cyperus spp.). Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils.
Wetland 10 is mapped as a Rural Residential (FLUCFCS 118) and Improved Pasture (FLUCFCS 211) land uses. Trees in this community include laurel oak and common persimmon. Other vegetation present includes grapevine, Virginia creeper (Parthenocissus quinquefolia), cogongrass, and beggarticks. Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 11 is classified as a Rural Residential (FLUCFCS 118) and Improved Pasture (FLUCFCS 211) land uses. Trees consist of water oak, laurel oak, slash pine, red maple, sweetgum and cabbage palm (Sabal palmetto). Other vegetation includes Virginia chain fern, sword fern, pepper vine (Nekemias arborea), grapevine, saw greenbrier, and saw palmetto. Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils.
Wetland 12 is classified as a Rural Residential (FLUCFCS 118), Improved Pasture (FLUCFCS 211), and Freshwater Marsh (FLUCFCS 641) land uses. The tree community consists of bald cypress, pond cypress (Taxodium ascendens), laurel oak, and red maple and scattered Carolina willow. Other vegetation includes arrowhead, pickerelweed, spadeleaf, wax myrtle, buttonbush, starrush whitetop, and maidencane (Panicum hemitomon). Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 13 is classified as Rural Residential (FLUCFCS 118) land use and is hydrologically connected to a larger offsite Freshwater Marsh (FLUCFCS 641) system. Trees in this community include laurel oak, slash pine, sweetgum, and red maple. Other vegetation includes Virginia chain fern, grapevine and Virginia creeper. Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 14 is classified as a Freshwater Marsh (FLUCFCS 641) and Improved Pasture (FLUCFCS 211) community. Trees are limited to scattered slash pine and red maple. Other vegetation includes wand goldenrod (Solidago stricta), ragweed (Ambrosia artemisiifolia), dogfennel, bahiagrass (Paspalum notatum), duckweed, and alligator weed (Alternanthera philoxeroides). Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 15 is classified as Other Open Lands (FLUCFCS 260), Hardwood Forest (FLUCFCS420), Tree Plantations (FLUCFCS 440), Cypress (FLUCFCS 621), Wetland Forested Mixed (FLUCFCS 630), and Freshwater Marshes (FLUCFCS 641) land uses. Trees in this community include sweetgum, red maple, slash pine, American elm, water hickory, bald cypress, pond pine, and cabbage palm. Other vegetation included saw palmetto, Virginia chain fern, Cinnamon fern (Osmundastrum cinnamomeum), Virginia creeper and grapevine. Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 16 is classified as Tree Plantations (FLUCFCS 440), Hardwood-Coniferous Mixed (FLUCFCS 434), and Cypress (FLUCFCS 621) land uses and is hydrologically connected to the Little Withlacoochee River. Trees in this community include sweetgum, red maple, slash pine, American elm, water hickory, bald cypress, pond pine, cabbage palm. Other vegetation included saw palmetto, Virginia chain fern, cinnamon fern, royal fern (Osmunda regalis), swamp sawgrass (Cladium jamaicense), Virginia creeper, and grapevine. Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 17 is classified as Tree Plantations (FLUCFCS 440) and Streams and Lake Swamps (FLUCFCS 615) land uses and is hydrologically connected to the Little Withlacoochee River. Trees in this community include sweetgum, red maple, slash pine, American elm, water hickory, bald cypress, pond pine, cabbage palm. Other vegetation included saw palmetto, Virginia chain fern, cinnamon fern, royal fern, swamp sawgrass, Virginia creeper, and grapevine. Hydric soil indicators included the presence of muck and dark surface soils. Hydrologic indicators included saturated soils and standing water.
Wetland 20 is classified as an Improved Pasture (FLUCFCS 211). Vegetation in this community includes soft rush, alligator weed, spadeleaf, carpetgrass (Axonopus fissifolius), wingleaf primrose willow, Carolina willow, yellow pondlily (Nuphar advena), marsh pennywort, and Bermudagrass (Cynodon dactylon). Hydrologic indicators included soil saturation, free water in the pit and elevated lichen lines.
Wetland 21 classified as an Improved Pasture (FLUCFCS 211) and has been managed to function as a water conveyance feature and is actively grazed. Vegetation in this community includes soft rush, spadeleaf, carpetgrass, marsh pennywort, tropical soda apple (Solanum viarum), and Bermudagrass (Cynodon dactylon). Hydrologic indicators included soil saturation. Hyrdric soil indicators included dark surface soils.
Wetland 22 classified as an Improved Pasture (FLUCFCS 211) and has been managed to function as a water conveyance feature and is actively grazed. Vegetation in this community includes soft rush, spadeleaf, carpetgrass, marsh pennywort, and Bermudagrass. Hydrologic indicators included soil saturation and standing water. Hydric soil indicators included dark surface soils.
Wetland 23 is classified as Improved Pasture (FLUCFCS 211) and Reservoir (FLUCFCS 530) and has been managed to function as a Reservoir (FLUCFCS 5300). Vegetation includes wax myrtle, arrowhead, pickerelweed, cattail (Typha latifolia), Peruvian primrose willow, and yellow pondlily.
Wetland 23A is classified as Emergent Aquatic Vegetation (FLUCFCS 644), Improved Pasture (FLUCFCS 211), and Rural Residential (FLUCFCS 118) land uses, but the community has been managed to function as a Reservoir (FLUCFCS 530). Vegetation includes wax myrtle, arrowhead, pickerelweed, cattail, Peruvian primrose willow, and yellow pondlily.
Wetland 24 is classified as Freshwater Marsh (FLUCFCS 641) and Improved Pasture (FLUCFCS 211) land uses but has been altered to function as a Reservoir (FLUCFCS 530). Vegetation includes wax myrtle, buttonbush, arrowhead, pickerelweed, cattail, Peruvian primrose willow, and yellow pondlily.
Wetland 47 is classified as Commercial (FLUCFCS 140), Improved Pasture (FLUCFCS 211), Shrub and Brushland (FLUCFCS 320), and Wetland Forested Mixed (FLUCFCS 630) land uses and is hydrologically connected to a large, offsite wetland system; this system contains forested and herbaceous areas. The larger wetland area is surrounded by upland hardwood forests of ecological value and pastureland. This system has been historically impacted by the construction of SR 50 and agricultural ditch systems; it was likely historically connected to Wetland 58 on the north side of SR 50. This forested wetland has a canopy of mostly sweetgum, American elm, and sugarberry (Celtis laevigata), with a midstory of elderberry, primrose willow, and golden canna lily (Canna flaccida), and an understory of smartweed and lizard's tail. Observations of hydrology include standing water, water marks, and water-stained leaves.
Wetland 48 is classified as Shrub and Brushland (FLUCFCS 320) and is hydrologically connected to a series of roadside and/or agricultural ditches. This wetland has been disturbed by local activities over time. It is surrounded by land used as a plant nursery, swamp, and pastureland. This system was likely historically connected to Wetland 57 on the north side of SR 50. This area is a forested wetland with a canopy of mostly sweetgum, American elm, and sugarberry, with a midstory of elderberry, primrose willow, blackberry and smilax. Observations of hydrology include standing water, water marks, and water-stained leaves.
Wetland 57 is classified as a Stream and Lake Swamps (FLUCFCS 615) community and an Emergent Aquatic Vegetation (FLUCFCS 644) community which is connected to a wetland system known as Akens Sawgrass. It is adjacent to a large surface water (SW 52) which historically drained Big Gant Lake, the area wetlands are forested, marsh, and open water in places. The larger wetland area is surrounded by hardwood forests of ecological value and pastureland. Historically, the system was part of a large open water/herbaceous system which extended south of the current SR 50 roadway. This wetland has a hardwood edge dominated by red maple, and American elm, with groundcover of maidencane, big carpetgrass, and dog fennel, and cattail at the system's deeper interior. Observations of hydrology include saturation and water marks.
Wetland 58 is classified as Freshwater Marsh (FLUCFCS 641) and Improved Pasture FLUCFCS 211) land uses. The wetland is connected to an offsite open water system through a historic, excavated ditch (OSW 53). The larger wetland area is surrounded by hardwood forests of ecological value and pastureland. Historically, the system was part of a large open water/herbaceous system which extended south of the current SR 50 roadway. This wetland has a hardwood edge dominated by American elm, bald cypress, and red maple, with groundcover of soft rush, maidencane, big carpetgrass, and dog fennel, and cattail, and pickerelweed at the system's deeper interior. Observations of hydrology include saturation and water marks.
Three Other Surface Waters (OSWs) were observed within and adjacent to the project area. These OSWs consisted of upland-cut conveyance swales/ditches located adjacent to SR 50. Two of these OSWs, OSW 50 and OSW 52, located with the SR R/W are hydrologically connected with one another via a culvert under SR 50. OSW 53 is part of a network of agricultural ditches which drain the offsite open water system.
PROPOSED WORK: The applicant seeks authorization to discharge fill material over 37.17 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 Sumter County Line to CR 478A. The widening involves the reconstruction and resurfacing of the existing SR 50 lanes to create two westbound lanes and construction of two new eastbound lanes south of the existing roadway. A new two-lane bridge across the Little Withlacoochee River will be constructed for the eastbound lanes. A 10’ asphalt shared-use path will also be constructed south side of the roadway and the new eastbound bridge. Five stormwater retention ponds and four floodplain compensation areas are proposed within the project area.
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 four sets of wildlife permeability structures:
One 48” x 7” elliptical pipe at Station Number 43±00;
One 48” pipe and one 48” x 76” elliptical pipe at Station Number 46±50;
One 29” x 45” elliptical pipe and two 8’ x 3’ box culverts at Station Number 62±40; and,
One 8’ x 5’ box culvert and one 34” x 53” elliptical pipe at Station Number 92±00.
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 24.49 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 October 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 November 7, 2019 and assigned SHPO/DHR No. 2018-1573I. 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: Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida scrub jay (Aphelocoma coerulescens), red-cockaded woodpecker (Picoides borealis), Wood stork (Mycteria Americana), and Eastern Indigo snake (Drymarchon corais couper)
Everglade snail kite (Rostrhamus sociabilis plumbeus): Although a small segment of the project area is within the consultation area for the snail kite, the wetland habitats within the project area do not support the habitat needed for the snail kite. Kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. Emergent vegetation, including spike rushes, maidencane, and bulrushes, are important components of habitat because they allow apple snails to occupy the area. Dense, thick vegetation is not optimal for snail kite foraging because kites cannot readily see apple snails to capture them, and if vegetation is too sparse, apple snails may not be able to survive or reproduce. Kites usually nest over open water, and this helps protect nests from mammalian predators such as raccoons. Kites almost always nest in areas with good foraging habitat nearby, and most foraging occurs in marshes immediately surrounding the nest. In consideration of this information, the Corps determined that the project would have “no effect” on this species.
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 10.59 acres of SFH within ponds. Given the above information, the Corps has determined that the proposed project 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.