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) – District 1
c/o Nicole Monies
801 North Broadway Avenue
Bartow, Florida 33830
WATERWAY AND LOCATION: The project would affect unnamed waters of the United States associated with Shell Creek at the intersection of County Road (CR) 74 and State Road (SR) 31, Section 1, Township 41 South, Range 25 East; Section 6, Township 41 South, Range 26 East; Section 36, Township 40 South, Range 25 East; Section 31, Township 40 South, Range 26 East, Babcock Ranch, Charlotte County, Florida.
Directions to the site are as follows: From Port Charlotte, head southeast on US-41 South/ Tamiami Trail toward Conway Boulevard. Turn left onto West Olympia Avenue. Continue onto Duncan Road. Turn right onto Bermont Road and travel approximately 15 miles to the site.
APPROXIMATE CENTRAL COORDINATES: Latitude: 26.94591°
Longitude: -81.76120°
PROJECT PURPOSE:
Basic: Roadway improvements.
Overall: Increase traffic capacity and construct a safer intersection at SR 31 and CR 74 in Charlotte County by constructing a new roundabout that meets current FDOT safety standards.
EXISTING CONDITIONS: The project site currently contains the intersection of two, two-lane (one lane in each direction) roadways controlled by traffic lights. The wetland systems onsite are freshwater wetlands and include the following habitat types classified in accordance with the Florida Land Use and Cover Classification System (FLUCCS): reservoirs, stream and lake swamps, cypress, freshwater marshes, and wet prairies. The uplands onsite include the following FLUCCS habitat types: cropland and pastureland, other open lands, upland coniferous forest, and upland hardwood coniferous mix. The existing area surrounding the project area consists of undeveloped forested land, utility easements, and agriculture.
PROPOSED WORK: The applicant seeks authorization to re-construct the intersection of SR 31 and CR 74 with a new roundabout. The new roundabout would shift the existing intersection to the west and provide stormwater treatment and floodplain compensation in the in-field areas of the intersection. The proposed project would result in approximately 11.00 acres of direct dredge and fill impacts and approximately 1.96 acres of secondary wetland impacts to freshwater herbaceous and forested wetlands.
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 full range of avoidance, minimization, and mitigation options were considered in developing this project to avoid long-term and short-term impacts to wetland resources and to avoid new construction in wetlands, wherever practicable. Because the alignment of SR 31 and CR 74 was already established by the existing roads, opportunities to reduce wetland impacts within the existing right of way were limited. The avoidance of wetland impacts was an important consideration in stormwater pond siting. The proposed stormwater ponds would be located within infield areas of the proposed roundabout.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase the appropriate number and type of credits to offset the proposed wetland impacts from the Boran Ranch and Peace River mitigation banks. The project is within the service area of both banks.
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: FDOT, as lead federal agency, made the following affect determinations for the project:
Florida panther (Puma concolor coryi): May affect but not likely to adversely affect (MANLAA) provided 69 Panther Habitat Units (PHU) are purchased from the Panther Passage Conservation Bank.
Florida bonneted bat (Eumops floridanus): FDOT used the 2019 Florida bonneted bat key to make a MANLAA determination for the project.
Audubon’s crested caracara (Caracara plancus audubonii): FDOT performed a caracara survey in 2021 and no caracara nests were identified within 1,500 meters of the project. Therefore, FDOT made a determination of MANLAA for the Audubon’s crested caracara.
The United States Fish and Wildlife Service (USFWS) provided concurrence with FDOT’s determinations by sticker service dated February 18, 2022.
ESSENTIAL FISH HABITAT (EFH): There is no EFH within the project area.
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, 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 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.
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 was granted within Southwest Florida Water Management District permit number 43046607.000, issued on September 12, 2023.
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.