TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: Florida Department of Transportation
Florida’s Turnpike Enterprise (FTE)
Attn: Annemarie Hammond
PO Box 613069
Ocoee, FL 34761
WATERWAY AND LOCATION: The project would affect waters of the United States adjacent to the Florida’s Turnpike (SR 91). The project site is located within the right-of-way of the Florida’s Turnpike between S.R 50 and Minneola Interchange within Sections 19, 27, 28, 29, and 30, Township 22S, and Range 27E, and Sections 4, 9, 10, 14, 15, 23, and 24, Township 22S, Range 26E, Orange and Lake Counties, Florida.
Directions to the site are as follows: From Orlando, travel west along S.R 408 and merge onto the Florida’s Turnpike heading north towards I-75. The project begins one mile south of the Florida’s Turnpike/SR 50 interchange and continues north to the Minneola Interchange.
APPROXIMATE CENTRAL COORDINATES: 28.564572°
-81.686861
PROJECT PURPOSE:
Basic: Linear Transportation
Overall: Roadway improvements along Florida’s Turnpike in Orange and Lake Counties from SR 50 to the Minneola Interchange in order to address an increase in traffic demand, as well as implement additional safety and functionality improvements to bring the project in line with current design specifications.
EXISTING CONDITIONS: The proposed project is primarily located within existing Turnpike right-of-way (ROW) and contains wetlands and surface waters. Adjacent land uses include active and fallow pine plantations, improved pastures, herbaceous and forested wetlands, and suburban developments. None of the wetland or surface water systems within the project limits are located within Outstanding Florida Waters, state or federal Aquatic Preserves, or state sovereign submerged lands. The project is located within the Ocklawaha (USGS HUC 03080102) and Upper St. Johns (USGS HUC 03080101) watersheds and St. Johns River Water Management District (SJRWMD) Southern Ocklawaha River Basin. A total of ten (10) wetlands are located within the project boundary. The wetlands have been altered by roadways, agriculture and silviculture activities. The proposed project area encompasses 450.34 acres and consists of 7.01 acres of wetlands. There are no surface waters impacts within the project. The primary land uses within the proposed project consist of roads and highways (FLUCCS 814), pine plantations (FLUCCS 441), mixed wetland hardwoods (FLUCCS 617), medium-density residential (FLUCCS 120), and forest regeneration (FLUCCS 443).
The applicant utilized readily available data sources to evaluate the proposed project site. The primary information sources utilized include the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) soils data; National Wetlands Inventory (NWI) data from the United States Fish and Wildlife Service (USFWS); SJRWMD Florida Land Use, Cover Classification System (FLUCCS) mapping; Florida Natural Areas Inventory (FNAI) Guide to the Natural Communities of Florida; and Florida Department of Revenue color aerial photography as well as Chapter 62-340, Florida Administrative Code (F.A.C.), and the U.S. Army Corps of Engineers (USACE) Regional Supplement to the Corps of Engineers Wetland Delineation Manual and associated Atlantic and Gulf Coastal Plain Regional Supplement (Version 2.0) (2010). The applicant performed field surveys of the proposed project area in November and December 2016, January, March and April 2017, and March 2018. More detailed descriptions, as provided by the applicant, of the wetlands and surface waters located within the proposed project limits are as follows:
Wetland A: (USFWS Classification: PAB4H/PSS1C, FLUCCS 6440: Emergent Aquatic Vegetation and FLUCCS 6460: Mixed Scrub-Shrub Wetland) (Proposed Direct Impacts – 0.0 ac.): Beauty Lake is an isolated wetland. The surrounding land drains into Beauty Lake but it is not visibly connected to other wetlands. The lake is fenced along the southern and western borders. A low-density housing development (Wilo Pines) borders the lake to the east. The Turnpike is south of Wetland A. Dominant species include cattail (Typha sp.), pickerelweed (Pontedaria cordata), spadderdock (Nuphar lutea), dahoon holly (Ilex cassine), wax myrtle (Morella cerifera) and red maple (Acer rubrum).
The proposed widening project does not directly impact Beauty Lake; however, the stormwater management system would be designed to use the lake for attenuation storage during 25-year storm events. No dredge or fill impacts including direct, secondary or temporary impacts are proposed.
Wetland B/C: (USFWS Classification: PFO1/3Fd, FLUCCS Code: 630 – Wetland Forested Mixed) (Proposed Direct Impacts - 0.49 ac., Secondary Impacts – 0.40 ac.): Within the ROW, Wetlands B and C are connected by an upland-cut surface water. Outside of the ROW, they form one wetland system. They are connected to adjacent wetlands by drainage ditches. A box culvert under the Turnpike connects Wetlands B/C to Wetland I, which flows into Lake Apopka. To the west and south, the wetland is bordered by a large residential development.
The overstory of this mixed wetland forest is dominated by black gum (Nyssa sylvatica), sweet gum (Liquidambar styraciflua), red maple and water oak (Quercus nigra). Cabbage palm (Sabal palmetto), paper mulberry (Broussonetia papyrifera), elderberry (Sambucus nigra subsp. canadensis) and red bay (Persea borbonia) are common midstory species. Common understory plants include cinnamon fern (Osmundastrum cinnamomeum), lizard's tail (Saururus cernuus), jack-in-the-pulpit (Arisaema triphyllum) and royal fern (Osumnda regalis). Turnpike proposes 0.49 acres of direct impacts and 0.40 acres of secondary impacts to Wetland B/C. No temporary impacts are proposed.
Wetland D: (USFWS Classification: PFO1Fd, FLUCCS Code: 617 – Mixed Wetland Hardwood) (Proposed Direct Impacts - 0.0 ac.): The Turnpike ROW fence is the northern edge of this wetland. To the east, this wetland connects to Wetland J via a culvert. The wetland is surrounded by residential development to the west and north. Grape vine (Vitis rotundifolia) and blackberry (Rubus spp.) form a dense barrier along the northern boundary. Common plant species include water oak, red maple, sweet bay magnolia (Magnolia virginiana) and elderberry. No dredge or fill impacts including direct, secondary or temporary are proposed.
Wetland F (USFWS Classification: PFO1C, FLUCCS Code: 617 – Mixed Wetland Hardwoods) (Proposed Direct Impacts - 0.001 ac.): The Turnpike ROW fence is the southern edge of this wetland. To the east, this wetland connects to Wetland G via a culvert. This wetland is surrounded by residential development and existing roads and is highly disturbed. It is dominated by exotic species including caesar weed (Urena lobata), paper mulberry, lantana (Lantana camara) and air potato (Discorea bulbiferous). Turnpike proposes 0.001 acres of direct impacts. No secondary or temporary impacts are proposed.
Wetland G (USFWS Classification: PFO1C, FLUCCS Code: 617 – Mixed Wetland Hardwoods) (Proposed Direct Impacts - 0.41 ac., Secondary Impacts – 0.53 ac.): The Turnpike ROW fence is the southern edge of this wetland. To the west, this wetland connects to Wetland F and to Wetland K to the south via culvert. This wetland is surrounded by residential development and agricultural land. It is dominated by red maple, laurel oak (Quercus laurifolia), cabbage palm, and paper mulberry. Common understory species include elderberry, Virginia chain fern (Woodwardia virginica), leather fern (Acrostichum danaefolium) and cogongrass (Imperata cylindrica). Turnpike proposes 0.41 acres of direct impacts and 0.53 acres of secondary impacts. No temporary impacts are proposed.
Wetland H (USFWS Classification: PFO1F, FLUCCS Code: 617 – Mixed Wetland Hardwoods) (Proposed Direct Impacts - 2.28 ac., Secondary Impacts – 1.00 ac.): The Turnpike ROW fence is the southern edge of this wetland which drains to Lake Apopka to the north and is connected to Wetland J to the south via culverts. This wetland is surrounded by upland pine plantation to the east and west. It is dominated by red maple, laurel oak, elm (Ulmus americana) and cabbage palm. Common understory species include elderberry, lizard’s tail, and coral ardisia (Ardisia crenata). Turnpike proposes 2.28 acres of direct impacts and 1.00 acre of secondary impacts. No temporary impacts are proposed.
Wetland I (USFWS Classification: PFO1F/3Fd, FLUCCS Code: 630 – Wetland Forested Mixed) (Proposed Direct Impacts – 0.61 ac.): The Turnpike ROW fence is the southern edge of this wetland which drains to Lake Apopka to the north and is connected to Wetlands B/C via culverts. This wetland is surrounded by roads and development. It is dominated by red maple, sweet gum and laurel oak. Common understory species include cinnamon fern, lizard’s tail, and dollarweed (Hydrocotyle spp.). Turnpike proposes 0.61 acres of direct impacts. No secondary or temporary impacts are proposed.
Wetland J (USFWS Classification PFO1Fd, FLUCCS Code: 617 – Mixed Wetland Hardwoods) (Proposed Direct Impacts – 2.51ac., Secondary Impacts – 0.98 ac.): The Turnpike ROW fence is the northern edge of this wetland which is connected to Wetland H via culverts and drains to Lake Apopka to the north. This wetland is bordered by development to the south and east. It is dominated by red maple, elm, black gum and laurel oak. Common understory species include cinnamon fern, lizard’s tail, and coral ardisia. Turnpike proposes 2.51 acres of direct impacts and 0.98 acres of secondary impacts. No temporary impacts are proposed.
Wetland K (USFWS Classification PSS1Cd, FLUCCS Code: 617 – Mixed Wetland Hardwoods and FLUCCS Code 646 – Mixed Scrub-Shrub Wetland) (Proposed Direct Impacts – 0.71 ac., Secondary Impacts – 0.32 ac.): The Turnpike ROW fence is the northern edge of this wetland which is connected to Wetland G via culverts. This wetland is surrounded by roads, with existing or future development planned to the south, east and west. It is dominated by red maple, elm, black gum and laurel oak. Common understory species include Virginia chain fern, frost-weed (Verbesina virginica), bog hemp (Boehmeria cylindrica), lizard’s tail, and coral ardisia. Turnpike proposes 0.71 acres of direct impacts and 0.32 acres of secondary impacts. No temporary impacts are proposed.
PROPOSED WORK: The applicant seeks authorization for the permanent direct impacts (dredge and/or fill) to 7.01 acres of wetlands and secondary impacts to 3.23 acres of wetlands to construct the Florida’s Turnpike improvements.
The proposed drainage systems will consist of ditches and storm drain systems. Runoff will be collected from the developed project site and will be conveyed to detention ponds to provide the required water quality treatment and attenuation.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
Consideration was given to avoiding and/or minimizing wetland impacts. The design of the proposed facility and stormwater management areas were evaluated to determine the appropriate location with the least environmental impacts. Wetland and surface water impacts were reduced and eliminated wherever practicable. There are no practicable alternatives to the proposed construction in wetlands. The proposed action includes all practicable measures to minimize adverse effects to wetlands that may result from the proposed construction activities, and the proposed design represents the minimum amount of fill required in order to achieve the project purpose and meet the drainage requirements. The project will be constructed in accordance with the Clean Water Act Section 401, Water Quality Certification (WQC), and Best Management Practices (BMP) will be implemented during construction to avoid water quality degradation. All water treatment and attenuation will occur within the proposed stormwater management facilities. Offsite waters will be protected by erosion control measures, including staked turbidity barriers, floating turbidity barriers, geotextile hay bales, or a combination thereof, as well as sediment monitoring.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The proposed project will result in 7.01 acres of direct impacts and 3.23 acres of secondary impacts to wetlands. The applicant utilized the Unified Mitigation Assessment Methodology (UMAM) and Wetland Rapid Assessment Procedure (WRAP) to analyze the waters of the United States functions that will potentially be lost as a result of the proposed impacts and provides the following mitigation proposal: Mitigation for the direct wetland impacts will be provided through the purchase of 3.26 (WRAP) freshwater forested credits from the Lake Louisa Mitigation Bank.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. The applicant has provided documentation from the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida concurring that the project should not have impacts to cultural resources.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, and is likely to adversely affect the Florida sand skink (Neoseps reynoldsi) and may affect but is not likely to adversely affect the Eastern Indigo snake (Drymarchon corais couperi) and wood stork (Mycteria americana). The Corps has determined the proposed project has no effect to the Florida snail kite (Rostrhamus sociabilis) and Florida scrub jay (Aphelocoma coerulescens). The Corps received a Biological Opinion (BO) from the USFWS, dated May 03, 2020, giving concurrence with our determinations of may affect, not likely to adversely affect, the indigo snake and the wood stork. The USFWS also determined the action is not likely to jeopardize the continued existence of the sand skink conditional upon the Applicant fulfilling the Terms and Conditions of the BO pursuant to Section 7 of the Endangered Species Act.
Florida Sand Skink: This species is highly adapted to life in the sand, spending most of its time “swimming” in loose sand in search of food, shelter, and mates. Their swimming motion leaves sinusoidal (“S”- shaped) tracks in the soil surface that can be identified through visual surveys. Skinks prefer habitats with open canopies, scattered shrubby vegetation, and patches of bare sand at an elevation of at least 82 feet above mean sea level. A portion of the project meets the location, elevation and soil criteria needed to be considered sand skink habitat.
Sand skink surveys were conducted within the project area to determine sand skink utilization. Two positive results were documented within the project limits resulting in 0.51 acres of sand skink impacts. Turnpike proposes to provide compensation for loss of sand skink habitat through the purchase of 1.02 conservation mitigation credits from the Backbone Conservation Bank.
Eastern Indigo Snake: This species is found in a variety of habitats, including swamps, wet prairies, xeric pinelands and scrub areas. It may utilize gopher tortoise (Gopherus polyphemus) burrows for shelter during the winter and to escape the heat during the summer. This species feeds on snakes, frogs, salamanders, toads, small mammals, birds and young turtles. The project limits contain suitable habitat for the Eastern Indigo snake and gopher tortoise burrows were found, however no individuals were observed during field reviews. To minimize effects, the applicant proposes to adhere to the Standard Protection Measures for the Eastern Indigo Snake (USFWS, August 12, 2013) during construction. Also, the applicant proposes that all potential refugia will be inspected before site manipulation and, if occupied by an eastern indigo snake, work will not commence until the eastern indigo snake has vacated the vicinity of the proposed work. In addition, excavation of potentially occupied gopher tortoise burrows will be conducted under a valid FFWCC conservation permit according to current FFWCC guidelines.
Wood Stork: The project is located within the core foraging area (CFA) of the Lawne Lake colony but greater than 2,500 feet from the colony and will impact more than 0.5 acres of suitable foraging habitat (SFH). No individuals were observed during field reviews. Turnpike proposes to provide compensation for loss of wood stork SFH through the purchase of wetland mitigation credits from the Lake Louisa Mitigation Bank.
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 an adverse impact on EFH or federally managed fisheries in the receiving waters. 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 North Branch, Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida, 32407 within 15 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 proposal should be directed to the project manager, Cynthia Ovdenk, in writing at 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida, 32407; by electronic mail at cynthia.d.ovdenk@usace.army.mil; or, by telephone at (850) 287-2045.
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 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.