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 the Withlacoochee River along Interstate 4 (I-4) and State Road (SR) 33, from Old Combee Road to University Boulevard in Sections 10, 11, 14, 15, 16, 21, 22, 28, and 29, Township 27 South, Range 24 East, Lakeland, Polk County, Florida.
Directions to the site are as follows: From Tampa, travel east on I-4. Travel approximately 38 miles to the intersection of I-4 and SR 33 in Lakeland, FL.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.13239°
Longitude: -81.90216°
PROJECT PURPOSE:
Basic: Roadway improvements.
Overall: Widen SR 33 from two to four lanes and fully reconstruct the I-4/SR 33 interchange in Lakeland, Florida to address specific needs in the corridor related to capacity and operational improvements, emergency evacuation, safety, multi-modal accommodations, and future population, employment, and traffic growth.
EXISTING CONDITIONS: SR 33 in the project area is currently a two-lane roadway with signal-controlled intersections. The project location also includes the interchange between I-4 and SR 33. The wetland systems in the project area are freshwater systems. Wetland habitat types within the project area have been classified in accordance with the Florida Land Use Cover and Forms Classification System (FDOT 1999) (FLUCFCS) and include: streams and waterways, reservoirs, stream and lake swamps (bottomland), cypress, wetland scrub, and vegetated non-forested wetlands. Upland land uses and FLUCFCS habitat types include commercial and services, improved pasture, shrub and brushland, hardwood-conifer mixed, roads and highways, and electrical transmission lines. The surrounding area contains commercial facilities, single-family residential subdivisions, a university, and a fish-management area.
PROPOSED WORK: The applicant seeks authorization to widen SR 33 from Old Combee Road to north of Tomkow Road from two to four lanes and to fully reconstruct the I-4/SR 33 interchange. The proposed design typical sections call for I-4 to have a 164-foot median to accommodate for future express lanes and a rail corridor. Proposed intersection improvements at the eastbound and westbound on/off ramps of I-4, the SR 33 and University Boulevard intersection, and the SR 33 and North Combee Road intersection include roundabouts to provide safety and delay reduction benefits. The activities would result in approximately 12.24 acres of permanent impacts to wetlands, approximately 6.95 acres of secondary impacts to wetlands, and approximately 7.21 acres of impacts to surface waters. Surface water impacts would be offset through relocation of roadside ditches and creation of stormwater ponds.
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:
Various alternatives were evaluated during the Project Design and Environment (PD&E) study including interchange alternatives (Diamond Interchange and Diverging Diamond Interchange) and roadway alternatives (full reconstruction and a pavement saving alternative). The proposed alignment for the SR 33 improvements was partially chosen because it could be constructed within the existing right-of-way avoiding impacts to adjacent wetlands. The I-4 interchange was modified and documented in the PD&E reevaluation. The modifications reduced wetland impacts. Given that the project involves improvements to an existing roadway, opportunities to completely avoid wetland impacts were not available. Impacts have been avoided and minimized to the greatest extent possible. Much of the proposed construction is within the existing right of way, avoiding impacts to jurisdictional areas along the right of way. Transportation safety and design standards for side slopes, turn radius, lane number, and widths necessitate the impacts. Furthermore, the impacts are unavoidable due to the location of the wetlands within the existing and adjacent to the right-of-way. Water quality, quantity, hydroperiod, and habitat would be maintained in all wetlands that would remain undisturbed. Best Management Practices (BMPs) would be utilized during construction to minimize erosion and sediment transport. Erosion control measures would be installed and maintained in accordance with standard FDOT specifications.
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 types of credits from the Boarshead Ranch, Hilochee, and Green Swamp mitigation banks. The project is within the service areas of the 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, has made the following effect determinations for the project:
Audubon’s crested caracara (Caracara plancus audubonii): May affect but not likely to adversely affect (MANLAA) because no suitable nesting habitat was found in or within 1000 feet of the project footprint.
Everglade snail kite (Rostrhamus sociabilis plumbeus): MANLAA. No suitable snail kite habitat was found in or near the project footprint.
Florida scrub-jay (Aphelocoma coerulescens): MANLAA. Call surveys for the scrub-jay based on the United States Fish and Wildlife Service (USFWS) protocol were conducted in March and April 2013 and no scrub-jays were observed in or near the project footprint.
Eastern indigo snake (Drymarchon couperi): MANLAA. FDOT used the Eastern Indigo Snake Programmatic Effect Determination Key (2017) to make the determination. The key sequence is A-B-C-D-E-NLAA.
Wood stork (Mycteria americana): MANLAA. FDOT used the Wood Stork Key for South Florida (2010) to make the determination. The key sequence is A-B-C-E-NLAA.
Sand skink (Neoseps reynoldsi) and blue-tailed mole skink (Eumeces egregious lividus): MANLAA. Cover board surveys were conducted for the sand skink based on USFWS protocol from April 9 to May 9, 2013. No skink tracks were observed.
American Alligator (Alligator mississippiensis): MANLAA.
USFWS provided concurrence with FDOT’s determinations by sticker service dated November 29, 2013, and August 27, 2021.
ESSENTIAL FISH HABITAT (EFH): There is no EFH in 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 in Southwest Florida Water Management District (SWFWMD) permit number 43046817.000, issued on July 10, 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.