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
Florida’s Turnpike Enterprise
Attention: Mrs. Annemarie Hammond
Post Office Box 613069
Ocoee, FL 34761
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Jesup. The project is located along Seminole Expressway/ State road (SR) 417, and it extends from the Seminole and Orange County line, to north of SR 434. The project is located in Section 33 of Township 20 South, Range 31 East; Sections 4, 5, 9, 16, 20, 29, 31, of Township 21 South, Range 31 East; and Section 6 of Township 22 South, Range 31 East, Seminole County, Florida.
Directions to the site are as follows: The project is on the Seminole Expressway/ SR 417. From Interstate 4 in Sanford, take SR 417 south for approximately 11 miles to the end of the project just north of SR 434. From the Beachline (SR 528) in Orlando, take SR 417 north for approximately 12 miles to the beginning of the project just south of Aloma Avenue at the Seminole/Orange County line.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.647778°
Longitude: -81.236667°
PROJECT PURPOSE:
Basic: Improvement of transportation facilities.
Overall: The overall project purpose is to widen a 6-mile-long segment of SR 417, from the Orange County line to north of SR 434, from the existing four-lane roadway to an eight-lane roadway, and to modify the existing stormwater management system, in order to facilitate additional capacity and traffic demands of SR 417 within the southern Seminole County and northern Orange County corridor.
EXISTING CONDITIONS: Seminole Expressway/ SR 417 is a four-lane limited access highway with open roadside conveyance features (ditches) and stormwater ponds that were originally designed to accommodate an eight-lane section. A total of nine (9) wetlands and four (4) surface waters are located within the project right-of-way. The wetlands located along SR 417 have been altered by road construction activities and surrounding development activities. Existing land uses and natural habitats were classified using the Florida Land Use Cover and Forms Classification System (FLUCFCS) and the U.S. Fish and Wildlife Service (USFWS) Classification of Wetlands and Deepwater Habitats of the United States. Detailed descriptions of the of the wetlands and other surface waters are as follow:
Wetland 1 (USFWS Classification: Palustrine Emergent Persistent (PEM1E)/ Florida Land Use Cover and Forms Classification system (FLUCFCS) Code 646-Treeless Hydric Savannah) (Area: 2.00 acres): Wetland 1 is an herbaceous marsh with a mixed scrub-shrub littoral zone. Vegetation within the littoral zone includes red maple (Acer rubrum), Carolina willow (Salix caroliniana), wax myrtle (Myrica cerifera), and chinaberry (Melia azedarach).
Wetland 1B (USFWS Classification: PEM1E/FLUCFCS Code 646-Treeless Hydric Savannah) (Area: 60.00 acres): Wetland 1B is a mixed scrub-shrub wetland and contains Carolina willow, wax myrtle, and primrose willow (Ludwigia peruviana).
Wetland 1C (USFWS Classification: PEM1E/FLUCFCS Code 646-Treeless Hydric Savannah) (Area:5.0 acres): Wetland 1C is a surface water ditch containing Carolina willow, wax myrtle, and primrose willow.
Wetland 2 (east) (USFWS Classification: PEM1E/FLUCFCS Code 646-Treeless Hydric Savannah) (Area: 5.0 acres): Wetland 2 east is a freshwater marsh but contains shrubby species such as wax myrtle and red maple.
Wetland 2 (west) (USFWS Classification: PEM1E/FLUCFCS Code 646- Treeless Hydric Savannah) (Area: 2.00 acres): Wetland 2 west is a freshwater marsh but contains shrubby species such as wax myrtle and red maple.
Wetland 3A (USFWS Classification: PEM1E/FLUCFCS Code 513- Ditches) (Area: 1.00 acre): Wetland 3A is a surface water ditch containing sweet gum, red maple, laurel oak (Quercus laurifolia), water hickory, grapevine, Carolina willow, primrose willow and chinaberry.
Wetland 4 (USFWS Classification: Palustrine Permanent Emergent Persistent (PEM1C)/FLUCFCS Code 513- Ditches) (Area: 1.00 acres) Wetland 4 is a surface water ditch containing sweet gum, red maple, laurel oak (Quercus laurifolia), water hickory, grapevine, Carolina willow, primrose willow and chinaberry.
Wetland 4 (East) (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 23.00 acres) Wetland 4 east is a surface water ditch containing sweet gum, red maple, laurel oak (Quercus laurifolia), water hickory, grapevine, Carolina willow, primrose willow and chinaberry.
Wetland 4 (West) (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 2.00 acres) Wetland 4 east is a surface water ditch containing sweet gum, red maple, laurel oak (Quercus laurifolia), water hickory, grapevine, Carolina willow, primrose willow and chinaberry.
Wetland 4B (east) (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 6.00 acres): Wetland 4B east is a surface water ditch containing sweet gum, red maple, laurel oak (Quercus laurifolia), water hickory, grapevine, Carolina willow, primrose willow and chinaberry.
Wetland 4B (west) (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 1.00 acres): Wetland 4B east is a surface water ditch containing sweet gum, red maple, laurel oak (Quercus laurifolia), water hickory, grapevine, Carolina willow, primrose willow and chinaberry.
Wetland 4F (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 0.50 acre): Wetland 4F is a surface water ditch containing red maple, water hickory, primrose willow, and chinaberry.
Wetland 4G (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 1.00 acre): Wetland 4F is a surface water ditch containing red maple, water hickory, primrose willow, and chinaberry.
Wetland 5 (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 1.00): Wetland 5 is vegetated with red maple, primrose willow, sweetgum, and laurel oak.
Wetland 5B (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 35.00 acres): Wetland 5B contains sweetgum, red maple, slash pine (Pinus elliottii), laurel oak, and water hickory.
Wetland 5C (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area:1.00 acre): Wetland 5B contains red maple, primrose willow, sweetgum, sweetbay, elderberry, cinnamon fern, and laurel oak.
Wetland 5E (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 0.05 acre): Wetland 5E contains primrose willow, cinnamon fern, and wild taro (Colocasia esculenta).
Wetland 7-Lightwood Knox Canal (USFWS Classification: PEM1C/FLUCFCS Code 513-Ditches) (Area: 1.00 acres): Impacts to the canal are required for the extension of the existing box culvert and temporary dredging during construction. The side slopes of the canal are protected with riprap.
Wetland 8 (east) (USFWS Classification: Palustrine, Forested, Deciduous (PFO6E) /FLUCFCS Code 617-Mixed Wetland Hardwoods) (Area: 5.50 acres): Wetland 8 east is a mixed wetland hardwood and consists of Carolina willow, elderberry (Sambucus nigra canadensis), and grapevine (Vitis rotundifolia).
Wetland 8 (west) (USFWS Classification: PFO6E/FLUCFCS Code 617-Mixed Wetland Hardwoods) (Area: 2.00 acres): Wetland 8 west is a mixed wetland hardwood and consists of Carolina willow, elderberry, and grapevine.
Wetland 12 (USFWS Classification: PFO6E/FLUCFCS Code 617-Mixed Wetland Hardwoods) (Area: 7.00 acres): Wetland 12 consists of red maple, primrose willow, Carolina willow.
Wetland 13 (USFWS Classification: PFO6E/FLUCFCS Code 617-Mixed Wetland Hardwoods) (Area: 1.00 acres): Wetland 13 consists of red maple, Carolina willow, sweetgum, slash pine, water oak, primrose willow, and marsh pennywort (Hydrocotyle umbellata).
Wetland 16 (east) (USFWS Classification: PFO6E/FLUCFCS Code 617-Mixed Wetland Hardwoods) (Area: 500 acres): Wetland 16 east is a mixed wetland hardwood community hydrologically connected to Lake Jesup. Vegetation includes water hickory (Carya aquatic), sweet gum (Liquidambar styraciflua), red maple, live oak (Quercus virginiana), cabbage palm (Sabal palmetto), and bald cypress (Taxodium distichum).
Wetland 16 (west) (USFWS Classification: PFO6E/FLUCFCS Code 617-Mixed Wetland Hardwoods) (Area: 500 acres): Wetland 16 west is a mixed wetland hardwood community hydrologically connected to Lake Jesup. Vegetation includes water hickory, sweet gum, red maple, live oak, cabbage palm, and bald cypress.
SW1C (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 1.00 acre): This system is a surface water ditch and contains red maple, Carolina willow, wax myrtle, and primrose willow.
SW4G (USFWS Classification: PEM1C/FLUCFCS Code 513- Ditches) (Area: 1.00 acre): This system is a surface water ditch, and it contains some red maple, Carolina willow, wax myrtle, and primrose willow.
Other surface waters- Ponds (Ponds 1-1, 1-2, 1-3, 2-3, 2-4, 2-5, 2-6, 2-7, 3-1, 3-2, 3-3, 3-6): (USFWS Classification: Palustrine, Unconsolidated Bottom (PUB2Hx) /FLUCFCS Code 510- Ponds) (Area: 10.68 acres)
PROPOSED WORK: The applicant seeks authorization to permanently discharge fill material into 0.7 acre of wetlands and 0.17 acres of surface waters, and shade 0.06 acre of surface waters. Impacts to 0.05 acres of wetlands and 0.05 of surface waters are also being proposed to replace outfalls and construction operations. In addition, the applicant proposes secondary impacts to 1.62 acre of wetlands. The project consists of the construction of new travel lanes to increase the roadway from a four-lane facility to an eight-lane limited access facility with express lanes, beginning at the Seminole/Orange County line continuing north approximately 6 miles to north of SR 434 in Seminole County. Permanent and temporary impacts are associated with the road widening, grade requirements, design speed, and associated stormwater treatment features. The permanent impacts to surface waters (ditches) within the project limits would be offset by the expansion and realignment of existing ditches. Therefore, no net loss of surface waters would result from the proposed project.
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:
Due to the nature of this project, which is widening within the existing right of way, there were constraints to eliminating and reducing wetland impacts. However, design modification to avoid and minimize wetland impacts were considered during the planning phase of the project. During the design phase, pond site selection was conducted. The pond sites for the proposed project are within the current right of way and would be re-sized to accommodate additional stormwater volume needed for the roadway widening project. While additional wetland impacts are needed for the proposed changes to the existing stormwater system, impacts would be less than acquiring new pond sites outside of the existing right of way.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The proposed project would result in direct and secondary impacts to approximately 2.32 acres of wetlands that would require mitigation. In addition, 0.23 acres of impacts to surface waters and 0.10 acre of temporary impacts to wetlands would not require mitigation. The applicant utilized the Uniform Mitigation Assessment Method (UMAM) to analyze the wetland functions that would potentially be lost as a result of the impacts and has determined that a total of 0.46 functional UMAM credits would be required as mitigation for the 2.32 acres of direct and secondary impacts. Mitigation for the direct and secondary wetland impacts would be provided by using functional units from SJ47 Lake Jesup Permitee Responsible Mitigation Area (SAJ-2017-01076). Additionally, to offset wood stork Suitable Foraging Habitat (SFH) impacts, the applicant proposes to provide SFH compensation through the on-site replacement of impacted SFH in ditches as well as off-site at the referenced permittee responsible mitigation area within the same wood stork Core Foraging Area (CFA).
CULTURAL RESOURCES:
The Corps is not aware of any known historic properties within the proposed project area. By copy of this public notice, the Corps is providing information for review.
Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect but is not likely to adversely affect the Eastern indigo snake (Drymarchon couperii corais) and the wood stork (Mycteria americana) or its designated critical habitat. These effect determinations were reached using the U.S. Fish and Wildlife Service programmatic keys for both species.
Additionally, the proposed project is within the consultation areas of the Beautiful Pawpaw (Deeringothamnus pulchellus), crested caracara (Caracara plancus audubonii), Eastern black rail (Laterallus jamaicensis ssp. jamaicensis), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida scrub jay (Aphelocoma coerulescens), Okeechobee gourd (Cucurbita okeechobeensis ssp. okeechobeensis), Papery whitlow-wort (Paronychia chartacea), pigeon wings (Clitoria fragrans), Pygmy fringe-tree (Chionanthus pygmaeus), Sandlace (Polygonella myriophylla), Tricolored bat (Perimyotis subflavus), West Indian manatee (Trichechus manatus), and Whooping crane (Grus americana) Experimental population. The Corps determined that the proposed project would have “No Effect” on these species.
The Corps requests USFWS concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries associated with the receiving waters of Lake Jesup. 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 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 through the Panama City Permits Section, Attention: Veronica Beech, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407 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, Veronica C. Beech, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; 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.
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 was issued by the Florida Department of Environmental Protection on July 16, 2021.
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.