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), Turnpike Enterprise
c/o Annemarie Hammond
Post Office Box 613069
Ocoee, Florida 34761
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the C-31 canal (St. Cloud Canal) and the Kissimmee Hydrologic Basin (Hydrologic Unit Code 03090101). The project site is located along the Florida Turnpike/ State Route (SR) 91 from south of Kissimmee Park Road (KPR) to U.S. Route (US) 192 and at the Florida Turnpike bridge crossing over the C-31 canal. Additional work would take place along Old Canoe Creek Road in Sections 5, 8, 9, and 16, Township 26 South, and Range 30 East, Osceola County, Florida.
Directions to the site are as follows: From the Corps Cocoa Permits Section office (400 High Point Drive, Suite 500, Cocoa, Florida 32926), take SR 528 west and take the first exit onto Industry Road south. Turn right onto SR-524 and continue for approximately 5 miles. Turn right onto SR-520 (Kings Street) and continue for approximately 5 miles before turning left onto CR-532 (Nova Road). Continue for approximately 27 miles. Turn right onto US-441 / US-192 / Irlo Bronson Memorial Highway. Continue for approximately 7 miles until the intersection with Florida's Turnpike (SR 91). The project area is located beginning south of the intersection.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.251532°
Longitude: -81.32978°
PROJECT PURPOSE:
Basic: Roadway improvements.
Overall: Alleviate current and future traffic congestion along the Florida Turnpike based on recent exponential population growth and constructed development in Osceola County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite vegetation consists of Carolina willow (Salix caroliniana), wax myrtle (Morella cerifera), duck potato (Sagittaria latifolia), soft rush (Juncus effusus), caesarweed (Urena lobata), cattail (Typha spp.), Brazilian pepper (Schinus terebinthifolia), cypress (Taxodium spp.), red maple (Acer rubrum), various oaks (Quercus spp.), slash pine (Pinus spp.), Peruvian primrose willow (Ludwigia peruviana), and various ferns including Boston fern (Nephrolepis exaltata), bracken fern (Pteridium aquilinum var. pseudocaudatum), cinnamon fern (Osmundastrum cinnamomeum), and Virginia chain fern (Woodwardia virginica). The existing area surrounding the project area consists of residential and commercial development, woodland pastures, upland scrub, pine and hardwoods, upland hardwood forests, roads and highways, streams and waterways, partially forested upland and wetland cuts, mixed forested wetlands, and a reservoir.
PROPOSED WORK: The applicant seeks authorization to provide safety and capacity improvements associated with the Florida Turnpike (SR 91), from south of KPR to US 192, and configuration improvements at the KPR and US 192 interchange. The project includes expansion from 4 lanes to 8 lanes and configuration improvements to the Turnpike's intersection with KPR. The existing KPR partial interchange exit and entrance ramps would be removed. A diverging diamond interchange at Nolte Road would replace the KPR entrance and exit points, which provides ramps for all movements and a safer continuous flow. The interchange location at Nolte Road is situated to meet an existing intersection at Nolte Road, east and west of Florida’s Turnpike. The project would also involve associated drainage accommodations and safety improvements, including work along Old Canoe Creek Road, by adding turning movements associated with overall operations of the revised interchange. Lastly, the applicant proposes to replace the existing 5-span bridges with a single 3-span bridge with an overall width of 148 feet. The new bridge would be supported on 24-inch prestressed concrete piles. The existing bridges and piles would be removed, and rubble riprap would be placed along the canal bank for armoring, and in-kind replacement and relocation of the northwest road drainage structure. The proposed project would impact 43.46 acres of waters of the United States by the placement of 251,000 cubic yards of clean fill and 3,605 cubic yards of riprap.
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:
Measures and Alternatives were considered during the project’s early design phase to reduce environmental impacts while also considering other primary parameters, such as the project’s capacity needs, access to necessary infrastructure, and acquisition capability. The existing Turnpike mainline right-of-way (ROW) allows for additional capacity lanes and there are no other viable corridors which can provide the capacity needed for Emergency Evacuations. Best management practices for erosion and sedimentation control would be utilized.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
All wetland impacts would be mitigated through an approved federally permitted mitigation bank. Federal credits are proposed from a bank for which the entire service area covers the project. Therefore, no net loss of wetlands or surface waters is proposed.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect but is not likely to adversely affect the Audubon’s Crested Caracara (Polyborus plancus audubonii), Eastern Indigo Snake (Drymarchon corais couperi), Florida Scrub-jay (Aphelocoma canadensis pratensis), Wood Stork (Mycteria americana), or their designated critical habitat. In addition, the Corps has determined that the proposed would have no effect on the Red-cockaded Woodpecker (Dryobates borealis), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), Florida Bonneted Bat (Eumops floridanus), Florida panther (Puma concolor coryi), Everglade Snail Kite (Rostrhamus sociabilis), Sand skink (Neoseps reynoldsi), and Sand and Blue-tailed mole skink (Eumeces egregious lividus).
The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): There is no essential fish habitat proposed to be impacted by this activity. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the C-31 Canal. 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 structure or activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will require authorization under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a section of the Central & Southern Florida Canal which is 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 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 C. Beech, by electronic mail at veronica.c.beech@usace.army.mil or by telephone at (850-287-2905).
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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.