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)
Florida’s Turnpike Enterprise
c/o Annemarie Hammond
Florida Turnpike Mile Post 263, Building 5315
Ocoee, Florida 34761
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Bass Slough along Florida’s Turnpike from south of Partin Settlement Road to North of Osceola Parkway, Sections 2, 11, 12, 13, and 24, Township 25 South, Range 29 East and Sections 19, 29, and 30, Township 25 South, Range 30 East, Kissimmee, Osceola County, Florida.
Directions to the site are as follows: From the intersection of Florida’s Turnpike and FL-417, travel south on Florida’s Turnpike approximately 2 miles. The project would begin along Florida’s Turnpike just north of the intersection with Osceola Parkway and would end just south of the intersection with Partin Settlement Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.30842°
Longitude -81.36156°
PROJECT PURPOSE:
Basic: The basic project purpose is roadway improvements.
Overall: The overall project purpose is to widen a portion of Florida’s Turnpike to meet traffic volume demands and level of service requirements in Osceola County.
EXISTING CONDITIONS: Florida’s Turnpike in this location is currently a four-lane divided highway, with two travel lanes in each direction. The wetland systems proposed for impact are freshwater systems, and include channelized waterways, canals, ditches, mixed wetland hardwoods, wetland coniferous forest/ basin swamp, and wetland mixed forest/ bottomland forest. The upland land uses along the project corridor include a mixture of residential, commercial, governmental, undeveloped land, improved pasture, and forested areas.
PROPOSED WORK: The applicant seeks authorization to perform roadway improvements along approximately 6 miles of Florida’s Turnpike from north of Osceola Parkway to just south of Partin Settlement Road. The proposed improvements would include widening the roadway from a four-lane divided highway (two lanes in each direction) to an 8-lane divided highway (four lanes in each direction for a total of 8 general use lanes), including 14 flood compensation and/or stormwater ponds. The proposed project would result in 31.62 acres of direct impacts to wetlands and 4.48 acres of secondary impacts to wetlands; and 65.80 acres of direct impacts to surface waters. Surface water impacts include roadside ditches and canals that would be relocated, and creation of flood compensation/stormwater ponds. Functions provided by existing surface waters onsite would be replaced by the newly created surface waters.
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 project underwent a Project Development and Environment (PD&E) study to evaluate alternative designs for the roadway improvements that would reduce impacts to wetland resources. Multiple design alternatives were explored. The proposed impacts are needed to ensure that design requirements are met, including transportation safety standards for side slopes, turn radii, additional lanes, and widths. Availability of parcels for stormwater management and flood compensation was also considered.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed to purchase the appropriate number and type of credits to offset the proposed wetland impacts from the Florida Mitigation Bank (SAJ-1996-03573). The project is within the service area of the mitigation bank.
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 made the following effect determinations for endangered species:
Eastern indigo snake (Drymarchon corais couperi): The Corps used the “Eastern Indigo Snake Programmatic Effect Determination Key” (2017) to make the determination that the project may affect but is not likely to adversely affect the Eastern indigo snake. Key sequence = A-B-C-D-E-NLAA.
Wood stork (Mycteria americana): The Corps used the “Effect Determination Key for the Wood Stork in South Florida” (2010) to make the determination that the project may affect but is not likely to adversely affect the wood stork. Key sequence = A-B-C-D-NLAA.
Audubon’s crested caracara (Caracara plancus audubonii): The Audubon’s crested caracara prefers habitats that contain largely short-stature vegetation with a low density of trees, including dry or wet prairie and improved and unimproved pasture containing scattered cabbage palms, their preferred nesting tree. They may also be found in lightly wooded areas with scattered saw palmetto, scrub oaks, and cypress. Seasonal freshwater marsh wetlands of less than 2.47 acres may increase habitat attractiveness. Application materials indicate that species-specific surveys for this species were conducted in 2017 and 2022. No caracaras were observed during any of the 14 monitoring events conducted in 2017 and 2022. Based on this information, the Corps determined that the project may affect but is not likely to adversely affect the Audubon’s crested caracara.
No designated critical habitat is located within the project area.
The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act, as necessary.
ESSENTIAL FISH HABITAT (EFH): There is no EFH within the project area.
Navigation: The proposed roadway widening 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, or by email to Heather.M.Mason@usace.army.mil within 21 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, Heather M. Mason, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at Heather.M.Mason@usace.army.mil; or, by telephone at (239) 850-2171.
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 would 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.
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 has been granted by the South Florida Water Management District in permit number 49-108325-P, issued on February 2, 2024.
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.