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, District 1
c/o Nicole Monies
801 N. Broadway Avenue
Bartow, FL 33830
(863) 519-2359
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Caloosahatchee River. The project site includes approximately five miles of State Road (SR) 31/Babcock Ranch Road from the Caloosahatchee River to just north of Horseshoe Road, in Section 19, Township 43 South, Range 26 East, Babcock Ranch, Lee and Charlotte County, Florida.
Directions to the site are as follows: From Interstate (I) 75, drive east on Palm Beach Boulevard for approximately 2.5 miles to SR 31/Babcock Ranch Road and turn north. Cross over the Caloosahatchee River, the project limit starts north of the river and extends to north of Horseshoe Road.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.7185
Longitude: - 81.760639
PROJECT PURPOSE:
Basic: Roadway improvements.
Overall: To increase the operational capacity, improve safety, and upgrade stormwater drainage systems of a portion of the SR 31/Babcock Ranch Road corridor.
EXISTING CONDITIONS: The project corridor contains approximately 239 acres that were analyzed using the Florida Natural Areas Inventory (FNAI). According to the FNAI the area contains the following resources.
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Land Use Description
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Acres
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Developed
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6.74
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Cleared Land for Future Construction
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4.86
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Roads And Highways
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11.06
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Utility Corridors
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0.90
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Open Land
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24.40
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Improved Pastures
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136.42
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Active Agricultural Land
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1.26
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Dry Prairie
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5.04
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Mesic Flatwoods
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24.62
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Upland Hardwood Forests
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3.02
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Mangrove Swamps
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0.28
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Hydric Hammock
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7.28
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Basin Marsh
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2.90
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Surface Waters
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10.44
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Total
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239.22
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Upland Communities
Developed – 6.74 acres
There are residential areas primarily located east of SR 31/Babcock Ranch Road, between Old Rodeo Drive and Lucky Lane. Smaller areas of residential communities can be found directly south of Lucky Lane, northwest of the intersection of SR 31/Babcock Ranch Road and Old Rodeo Drive, and southwest of the intersection of SR 31/Babcock Ranch Road and Horseshoe Road. There are approximately 3.65 acres of residential communities. Vegetation within these areas primarily consists of ruderal grasses and forbs, broomsedge bluestem (Andropogon virginicus), cabbage palm (Sabal palmetto), live oak (Quercus virginiana), laurel oak (Quercus laurifolia), and slash pine (Pinus elliottii). Additionally, there are approximately 1.32 acres of recreational facilities located northwest of the intersection of SR 78/Bayshore Road and SR 31/Babcock Ranch Road. There is an additional area that is occupied by storage facilities, shopping centers, and a restaurant/produce market (1.77 acres). This area is located directly west of SR 31/Babcock Ranch Road at the northern extent of the project site, southeast of the intersection of SR 31/Babcock Ranch Road and Cypress Pkwy, and north of Lucky Lane. Vegetation within these areas primarily consists of ruderal grasses and forbs, muhly grass (Muhlenbergia capillaris) and cabbage palm in landscaped areas.
Cleared Land for Future Construction – 4.86 acres
There is one area located along Babcock Farm Road and consists of a heavily disturbed area that is being cleared for the construction of a residential area. This site (4.52 acres) has been cleared and does not have vegetative communities. Another area (0.34 acres) has been cleared for utilities and is located east of the intersection of SR 31/Babcock Ranch Road and Shirley Lane. This land use consists of heavily disturbed area and is void of vegetation.
Roads and Highways – 11.06 acres
This classification includes the roads throughout the project site, including SR 31/Babcock Ranch Road, SR 78/Bayshore Road, Old Rodeo Drive, Lucky Lane, North River Road, Cypress Parkway, and Horseshoe Road. The grassed shoulders alongside the highways were also included in this classification. Vegetation found within the roadside shoulder consists of ruderal grasses and forbs.
Utility Corridors – 0.90 acres
There is an apparent natural gas processing site (0.18 acres) located northeast of the intersection of SR 31/Babcock Ranch Road and Old Rodeo Drive. Additionally, there is an area for electrical transmission lines (0.72 acres) that is located northeast of the intersection of SR 31/Babcock Ranch Road and Old Rodeo Drive. Vegetation found within this land use consists of ruderal grasses and forbs.
Open Land – 24.40 acres
This classification includes the mowed roadside areas located east of SR 31/Babcock Ranch Road and north of the Charlotte/Lee County boundary. The vegetation within this classification primarily consists of ruderal grasses and forbs with scattered slash pine, cabbage palm, and laurel oak.
Improved Pasture – 136.42 acres
This classification occupies the majority of the project site and is scattered throughout. Vegetation within these areas include broomsedge bluestem, dogfennel (Eupatorium capillifolium), ragweed (Ambrosia artemisiifolia) and various ruderal grasses and forbs.
Active Agricultural Land – 1.26 acres
This area is located north of Lucky Lane. Vegetation within this land use consists of ruderal grasses and forbs, various ornamental trees, crop trees, and row crops.
Dry Prairie – 5.04 acres
This classification includes an area located approximately 400 feet (ft.) north of North River Road and another area located directly north of the Charlotte/Lee County boundary. Dominant vegetation within these areas includes broomsedge bluestem, dogfennel, cabbage palm, Brazilian pepper (Schinus terebinthifolia).
Mesic Flatwoods – 24.62 acres
This classification is primarily scattered north of North River Road and south of Babcock Farm. Vegetation found within these areas consists of slash pine, earleaf acacia (Acacia auriculiformis), wax myrtle (Morella cerifera), Brazilian pepper, saw palmetto (Serenoa repens), dogfennel, and broomsedge bluestem.
Upland Hardwood Forests – 3.02 acres
This classification includes an area approximately 150 ft. north of Old Rodeo Drive and another area approximately 650 ft. south of Lucky Lane. Vegetation found within these areas primarily consists of live oak, cabbage palm, and Brazilian pepper. Additionally, there is an area located approximately 450 ft. north of Old Rodeo Drive that is dominated by Brazilian pepper.
Wetlands and Surface waters
Mangrove Swamp – 0.28 acres
This classification consists of a coastal hardwood wetland community which is predominately composed of one or more of the three mangrove species found in Florida. This wetland habitat type is found at the southern extent of the project site on the eastern side of SR 31/Babcock Ranch Road. Vegetation within this area primarily consists of red mangroves (Rhizophora mangle), white mangroves (Laguncularia racemosa), cabbage palm, scattered Brazilian pepper, gray nicker (Guilandina bonduc), wild taro (Colocasia esculenta), elderberry (Sambucus nigra), seaside mahoe (Talipariti tiliaceum), and sea oxeye daisy (Borrichia frutescens) along the edges.
Hydric Hammock – 7.28 acres
This classification consists of forested wetlands that are composed of a variety of hardwood species tolerant of hydric conditions. This classification is found between Old Rodeo Drive and Lucky Lane. Within the project site, vegetative species which comprise this habitat include Brazilian pepper, cabbage palm, slash pine, laurel oak, live oak, wax myrtle, Peruvian primrose willow (Ludwigia peruviana), Australian umbrella tree (Heptapleurum actinophyllum), giant leather fern (Acrostichum danaeifolium), marshpennywort, twisted airplant (Tillandsia flexuosa), and cardinal airplant (Tillandsia fasiculata).
Basin Marsh – 2.90 acres
This classification consists of areas dominated by herbaceous wetland plant species. Two freshwater marshes are located south of each of the SR 31/Babcock Ranch Road and Lucky Lane intersections. Within the project site, these freshwater marsh habitats are dominated by torpedograss (Panicum repens), maidencane (Panicum hemitomon), and pickerelweed (Pontederia cordata) within the marsh, and Carolina willow (Salix caroliniana), Brazilian pepper, and cabbage palm comprise the perimeter.
Surface Waters – 10.44 acres
This classification includes rivers, creeks, canals, ditches, and other linear water bodies. Included in this category is Owl Creek where it crosses through the project site and the freshwater canals/ditches crossing under or running parallel to SR 31/Babcock Ranch Road and North River Road. Vegetation within these areas includes Brazilian pepper, cabbage palm, carrotwood (Cupaniopsis anacardioides), Peruvian primrose willow, cattails (Typha spp.), broomsedge bluestem, softrush (Juncus effusus), cinnamon fern (Osmundastrum cinnamomeum), beggarticks (Bidens alba), marshpennywort (Hydrocotyle spp.), Sida spp., flatsedge (Cyperus spp.), water sprite (Ceratopteris thalictroides), herb-of-grace (Bacopa monieri), and lemon bacopa (Bacopa caroliniana).
Wetlands and surface waters to be impacted by the proposed construction:
Wetland 2 – Hydric Hammock (2.16 acres of impacts)
Wetland 2 (WL-2) is located approximately 300 ft. northeast of the intersection of SR 31/Babcock Ranch Road and Old Rodeo Drive. This wetland is part of a larger system that continues off site to the east and west. Vegetation within these mixed wetland hardwoods is dominated by Brazilian pepper on the southern edge. The rest of the wetland is comprised of cabbage palm, slash pine, laurel oak, wax myrtle, giant leather fern, and airplants. There are 2.16 acres of direct impacts to this wetland within the project site and 0.75 acres of secondary impacts.
Wetland 3a – Hydric Hammock (2.73 acres of impacts)
Wetland 3 (WL-3a) is located directly south of the southern end of the Lucky Lane loop. This wetland consists of two discrete areas within the project site, but these two areas are part of a larger system that continues off site to the east. Vegetation within these mixed wetland hardwoods is dominated by laurel oak, slash pine, cabbage palm, and wax myrtle with Brazilian pepper on the edges. There are 2.73 acres of direct impacts to this wetland within the project site and 0.53 acres of secondary impacts.
Wetland 3b – Basin Marsh (1.23 acres of impacts)
Wetland 3b (WL-3b) is located directly south of the southern end of the Lucky Lane loop. This wetland is part of a larger system that continues off site to the east. Vegetation within this freshwater marsh is dominated by maidencane with scattered wax myrtle and cabbage palm. There are 1.23 acres of direct impacts to this wetland within the project site and 0.42 acres of secondary impacts.
Wetland 4 – Hydric Hammock (1.16 acres of impacts)
Wetland 4 (WL-4) is located directly north of Lucky Ln the southern end of the Lucky Ln loop. This wetland is part of a larger system that continues off site to the east. Vegetation within these mixed wetland hardwoods is dominated by laurel oak, slash pine, cabbage palm, and wax myrtle. There are 1.16 acres of direct impacts to this wetland within the project site and 0.19 acres of secondary impacts.
Wetland 5 – Basin Marsh (1.67 acres of impacts)
Wetland 5 (WL-5) is located directly south of Lucky Lane the northern end of the Lucky Lane loop. Vegetation within this freshwater marsh is dominated by cabbage palm, Carolina willow, maidencane, and torpedo grass. There are 1.67 acres of direct impacts to this wetland within the project site and 0.22 acres of secondary impacts.
Surface Water 1 – Freshwater Stream (2.10 acres of impacts)
Surface Water 1 (SW-1) is runs parallel to and east of SR 31/Babcock Ranch Road and is located between Old Rodeo Drive and the Caloosahatchee River. Vegetation within this surface water is dominated by cabbage palm, Brazilian pepper, carrotwood, and beggarticks. All of this surface water, totaling 2.10 acres, is within the project site and would be directly impacted.
Surface Water 1M – Mangrove Swamp (0.28 acres of impacts)
Surface Water 1M (SW-1M) is located along the Caloosahatchee River on the eastern side of SR 31/Babcock Ranch Rd. Vegetation within this habitat primarily consists of red mangroves, white mangroves, cabbage palm, scattered Brazilian pepper, gray nicker, wild taro, elderberry, seaside mahoe, and sea oxeye daisy along the edges. There are 0.28 acres of direct impacts within the project site and 0.03 acres of secondary impacts.
Surface Water 3 – Backwater Stream (0.48 acres of impacts)
Surface Water 3 (SW-3) is located east of the intersection of SR 31/Babcock Ranch Road and Ruden Road This surface water is portion of Owl Creek which flows into the Caloosahatchee River. Vegetation along the creek is dominated by cabbage palm, Brazilian pepper, wax myrtle, Peruvian primrose willow, beggarticks, Mexican clover, softrush, and flatsedge. There are 0.48 acres of direct impacts to this surface within the project site and 0.07 acres of secondary impacts.
Other Surface Waters to be impacted by the proposed construction:
Other Surface Waters (OSWs) 3, 3a, 5, 5a, 5b, 6, 7, 8, 8a, 8b, 9, 10, 10a, 11, 12 ,13, 14, 15, 16, 17, 19, and 20 are located along SR 31/Babcock Ranch Road and North River Road Vegetation within these other surface waters is dominated by Mexican clover, marsh pennywort, and Sida spp. There are 4.09 acres of the above listed OSWs within the project site.
Other Surface Water 18 (1.30 acres of impacts)
Other Surface Water 18 (OSW-18) is located on the eastern side of SR 31/Babcock Ranch Road approximately 900 ft. southeast of the intersection of SR 31/Babcock Ranch Road and North River Road Vegetation around the perimeter of this area is sparce with minimal vegetation on the littoral edge. There are 1.30 acres of OSW-18 within the project site.
PROPOSED WORK: The Florida Department of Transportation (FDOT), District One is proposing improvements to SR 31/Babcock Ranch Road from south of SR 78/ Bayshore Road in Lee County to North of Horseshoe Road in Charlotte County. The total project length would be approximately 5 miles. The initial project buildout would construct 4 interim lanes with several new signalized intersections and roundabouts to accommodate increased demand from the adjacent development. The geometry of the interim buildout would be designed with the final condition in mind, which would include a six-lane facility from SR 78/Bayshore Road to Cypress Parkway, and a 4-lane facility from Cypress Parkway proceeding north through Charlotte County and harmonizing with the existing facility just north of Horseshoe Drive. The stormwater management system would be designed to accommodate the drainage for the final condition. The roadway would feature curb and gutter but would take flow from the road through closed flume inlets and direct flow into roadside ditches. The ditches ultimately outfall to the Chain of Lakes, which was a previously permitted by chain of stormwater management facilities that ultimately outfall into Owl Creek.
The proposed work would result in approximately 6.05 acres of direct impacts to freshwater forested wetlands and 1.47 acres of secondary impacts. There would also be approximately 2.90 acres of direct impacts to freshwater herbaceous wetlands and 0.64 acres of secondary impacts. There would be approximately 0.48 acres of direct impacts and 0.07 acres of secondary impacts to Surface Water 3 (Owl Creek), a freshwater stream. The existing mangrove swamps area (Surface Water-1M) would have 0.28 acres of direct impacts and 0.03 acres of secondary impacts. Additionally, all of Surface Water 1 (freshwater stream), totaling approximately 2.10 acres, would be impacted. In addition to the above impacts, FDOT would impact 5.39 acres of other surface waters, including roadside ditches; however, these would be replaced with in-kind facilities.
AVOIDANCE AND MINIMIZATION INFORMATION: The proposed project was designed to avoid and minimize construction in wetlands where practical. Although unavoidable wetland impacts would occur, many of the wetlands within the project site have been previously impacted by the original construction of SR 31/Babcock Ranch Road and associated access roads, utility corridors, and agricultural activities. Hydroperiods of on-site wetlands have been altered via roadside drainage ditches constructed to convey runoff from SR 31/Babcock Ranch Road and adjacent areas, which has led to changes in the vegetative composition of on-site wetlands. During construction, Best Management Practices (BMPs) for erosion control and turbidity would be employed to minimize impacts to the adjacent habitats, water column, and sediments.
COMPENSATORY MITIGATION: The proposed work would result in approximately 11.81 acres of direct impacts and 2.21 acres of secondary impacts. Direct and secondary impacts to freshwater forested wetlands would be offset through the purchase of 3.95 freshwater forested credits. Impacts to freshwater herbaceous wetlands and surface waters would be offset through the purchase of 3.14 freshwater herbaceous credits. The available credits at the Babcock Ranch Mitigation Area would offset the functional loss from the direct impacts to the wetlands and surface waters associated with the proposed project. This mitigation bank is located within the same hydrologic basin as the proposed impacts. Impacts to estuarine forested wetlands would be offset through the purchase of 0.17 forested saltwater credits. The impacts to the mangrove swamp would be offset through the purchase of forested saltwater credits from Little Pine Island Mitigation Bank (LPIMB). Additionally, there would be 5.39 acres of impacts to other surface waters, including roadside ditches that convey runoff. These systems characterized as “other surface waters” have been previously impacted and permitted for.
CULTURAL RESOURCES: On December 9, 2020, the Florida Department of Transportation requested review from the State Historic Preservation Officer (SHPO) of the Cultural Resource Assessment Survey and the Technical Memorandum for the Project Development and Environment Study of SR 31 from SR 78 to Country Road 78, in Lee County, Florida. SHPO concurred that the proposed undertaking would have no effect on any National Register of Historic Places- listed or eligible historic properties (December 29, 2020). In addition, on December 17, 2020, the Florida Department of Transportation requested review from the SHPO of the Cultural Resource Assessment Survey and the Technical Memorandum for SR 31 from County Road 78/North River Road to Cook Brown Road in Lee and Charlotte Counties. SHPO concurred that the proposed undertaking would have no effect on any National Register of Historic Places- listed or eligible historic properties on January 1, 2021.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect,but is not likely to adversely affect the American alligator (Alligator mississippiensis), American crocodile (Crocodylus acutus), eastern indigo snake (Drymarchon corais couperi), Audubon’s crested caracara (Polyborus plancus audubonii), and wood stork (Mycteria americana). The Corps will request concurrence from the U.S. Fish and Wildlife Service on these effect determinations pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal may affect the Florida bonneted bat (Eumops floridanus). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposal would have no effect on the Aboriginal prickly-apple (Harrisia aboriginum), beautiful pawpaw (Deeringothamnus pulchellus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub-jay (Aphelocoma coerulescens), red-cockaded woodpecker (Dryobates borealis), Florida panther (Puma concolor coryi), bald eagle (Haliaeetus leucocephalus), and West Indian manatee (Trichechus manatus) or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service (NMFS)- Habitat Conservation Division (HCD) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 0.28 acres of mangrove swamps utilized by various life stages of gray triggerfish (Balistes capriscus), mutton snapper (Lutjanus analis), schoolmaster (Lutjanus apodus), cubera snapper (Lutjanus cyanopterus), gray (mangrove) snapper (Lutjanus griseus), dog snapper (Lutjanus jocu), lane snapper (Lutjanus synagris), yellowtail snapper (Ocyurus chrysurus), goliath grouper (Epinephelus itajara), black grouper (Mycteroperca bonaci), yellowmouth grouper (Mycteroperca interstitialis), and scamp (Mycteroperca phenax). Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Caloosahatchee River. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS- HCD.
Navigation: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is approximately 513 feet away from the near bottom edge of the Intracoastal Waterway federal channel.
SECTION 408: The applicant would 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 would 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 USFWS, Environmental Protection Agency (EPA), the NMFS, 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 would have on the natural resources of the area.
EVALUATION: The decision whether to issue a permit would be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision would 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 would 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 would 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.
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 would 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 WQC is required from the South Florida Water Management District (SFWMD). The project is being reviewed under SFWMD Application No. 230815-39896.
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.