SAJ-2017-02279 (SP-VCB)

TO WHOM IT MAY CONCERN:  The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT:  Florida Department of Transportation (FDOT)

                       Attention: Casey Lyon, M.S.

                       719 S. Woodland Boulevard

                       DeLand, FL 32720

WATERWAY AND LOCATION:  The project would affect waters of the United States including wetlands associated with Spruce Creek. The proposed interchange is located approximately 2 miles south of Spruce Creek, at the crossing of Interstate (I)-95 and the Pioneer Trail roadway, near milepost (MP) 19.032. The proposed interchange would be constructed between two existing interchanges of I-95, and it is approximately 4.26 miles south of the State Road (SR)-421-Dunlawton Avenue/ I-95 Interchange and 2.74 miles north of the SR-44 -Canal Street/ I-95 Interchange. The project would be located in Sections 4, 5, 8, 9, Township 17 South, Range 33 East, Volusia County, Florida.

Directions to the site are as follows:  Travel south on I-95 from I-4 to Dunlawton Avenue, travel west to Williamson Boulevard, turn south on Williamson Boulevard, and proceed 4.75 miles to Pioneer Trail.

APPROXIMATE CENTRAL COORDINATES:         Latitude 29.047091°

                                                                                 Longitude -81.006405°

PROJECT PURPOSE:

Basic:  Road improvements.

Overall:  The overall project purpose is to reduce traffic congestion at the exising interchanges along this section of I-95, enhance regional mobility, and provide a viable alternative for hurricane and emergency evacuation responses for southern Volusia County, Florida.

EXISTING CONDITIONS:  The proposed project corridor includes segments of I-95, Williamson Boulevard, Turnbull Road and Pioneer Trail. In addition, it includes utility easements, roadway right-of-ways, undeveloped uplands, wetlands, recreational trails, and field roads.

Wetlands and other surface waters are located within the footprint of the proposed activity and include hydric pine flatwoods-6250 (8), wetland forested mixed-6300 (7), wet prairies-6430 (3), stormwater/drainage features-5300 (8), and stormwater ditches-5310 (6). The Land use cover types in and around the roadway corridor were classified using the Florida Land Use, Cover and Forms Classification System (FLUCFCS, 1999). Wetlands were classified using the U.S. Fish and Wildlife Service Classification of Wetlands and Deepwater Habitats of the United States (Cowardin, et al. 1979).

PROPOSED WORK:  The applicant seeks authorization to directly impact 48.8 acres of wetlands and 5.94 acres of other surface waters associated with Spruce Creek to construct an interchange at the overpass crossing of I-95 and Pioneer Trail. In addition, 10.12 acres of wetlands and other surface waters would be indirectly impacted in association with construction and maintenance activities. Roadway improvements would include widening of the I-95/Pioneer Trail overpass to incorporate the new entry and exit ramps, constructing additional stormwater management facilities to adequately treat runoff, and expanding a small section of Pioneer Trail to incorporate the entry and exit ramps. The proposed project would require the acquisition of additional right-of-way (ROW) for the construction of the entry and exit ramps and stormwater management facilities. Direct and indirect impacts are listed in the table below. Their specific location can be found in Attachment 1.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

The proposed impacts would be limited to wetlands and surface waters located immediately adjacent to existing linear transportation facilities including roadways, roadside ditches, and drainage treatment facilities to avoid impacting additional aquatic environments and wildlife habitat. Best Management Practices would be implemented during all phases of the work including installation of silt fencing and necessary erosion control around the parameter of the work areas.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

FDOT would provide compensatory mitigation credits from two Federally authorized Mitigation Banks that serve the Spruce Creek watershed area to offset the functional loss associated with the proposed impacts to waters of the United States. A total of

31.03 Forested Wetland Rapid Assessment Procedure (WRAP) credits and 1.45 Herbaceous WRAP credits would be purchase from Farmton Mitigation Bank (USACOE: SAJ-1998-01836). In addition, 3.19 Forested Uniform Mitigation Assessment Method (UMAM) credits would be purchased from Lake Swamp Mitigation Bank (SJRWMD: 4-035-1044334 & USACOE: SAJ-2006-2586).

CULTURAL RESOURCES: A Cultural Resource Assessment Survey (CRAS) was completed as part of the PD&E Study to identify cultural resources within the project Area of Potential Effect (APE). No artifacts were recovered, and no archaeological sites or occurrences were identified within the APE. No further archaeological survey was recommended in support of the proposed project. The architectural survey resulted in the identification and evaluation of two previously recorded historic linear resources within the I‐95 at Pioneer Trail APE: Fort Kingsbury to New Smyrna Road and Pioneer Trail, both determined to be ineligible for listing in the National Registry of Historic Places. The State Historic Preservation Office (SHPO) issued their concurrence to this determination on July 1, 2019. A CRAS Addendum was prepared in August 2020, to address one historic-aged bridge that was identified within the APE. FDOT bridge number 790066 over I-95 (Pioneer Trail/ Country Road 4118 overpass) is a post-1945 concrete bridge excluded from Section 106 consideration, and as such, the bridge was not recorded or evaluated in the present study. Based on the results of this survey, it was determined that the proposed undertaking will have no effect on National Register of Historic Places -listed or -eligible historic properties. The Florida State Historic Preservation Officer concurred with these findings on June 8, 2021.

ENDANGERED SPECIES: FDOT was the lead agency for the consultation with the U.S. Fish and Wildlife Service, on behalf of the U.S. Federal Highway Administration because the project has federal funds. The project was evaluated using the available programmatic keys for effect determinations to the eastern indigo snake and the wood stork. Both programmatic keys resulted in “may affect, but not likely to adversely affect” effect determination for the eastern indigo snake and the wood stork. A survey was performed in 2019 to evaluate the effects of the project on the Florida scrub-jay. No Florida scrub jays were found during the survey; however, a “may effect, but not likely to adversely affect” effect determination was reached for this species. Effects to the Rugel’s pawpaw and Okeechobee gourd were also evaluated, and “may affect, but not likely to adversely affect” effect determination were reached. It was concluded that the proposed project would have “no effect” on the Everglade snail kite, red-cockaded woodpecker and the fragrant prickly apple. The U.S. Fish and Wildlife Service provided concurrence on these determinations to FDOT on March 26, 2020 and confirmed that concurrence on October 10, 2020.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The project area does not contain and is not located adjacent to any waters consider EFH. Our initial determination is that the proposed action would have no adverse impact on EFH or Federally managed fisheries in the southeast.  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.

Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

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, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407 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, Veronica Beech, in writing at the Corps of Engineers - Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at veronica.c.beech@usace.army.mil; or, by telephone at 850-763-0717 extension 6.

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.

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.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the St. John River Water Management District (SJWMD). The project was reviewed under SJWMD application no. 103479-2 and was issued February 28, 2023.

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.