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: Polk County Roads and Drainage
℅ Jay Jarvis
3000 Sheffield Road
Winter Haven, Florida 33880
(863) 535-2200
WATERWAY AND LOCATION: The proposed project would affect wetlands and surface waters associated with the Lake McLeod Outlet, Wahneta Farms Drainage Canal, and Lake Lulu Run, to construct Thompson Nursery Road Segment 1
The proposed project would affect the following parcels:
Parcel IDs: 262906672500005504, 262906672500005502, 262906672500005503, 262906672500005614, 262906672500005603, 262906672500005616, 262906672500005604, 262906672500005602, 262906672500005607, 262906672500005610, 262906000000022150, 262906000000022260, 262906000000022180, 262905664500000460, 262905664500000491, 262905664500000510, 262908686000000600, 262905664500000221, 262908686000000631, 262909687000006800, 262909687000009105, 262909687000009102 in Sections 5, 6, 8 and 9, Township 29 South, Range 26 East, Polk County.
Directions to the site are: The project site location starts at State Road 540A, extends east of U.S. 17, meets up with Snively Avenue, and extends south to Rifle Range Road, Winter Haven, Florida (see enclosed map).
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.98223781
Longitude: -81.73808624
PROJECT PURPOSE:
The purpose of the proposed project is to improve surface transportation circulation in Polk County. Specifically, to extend Thompson Nursery Road approximately 1.7 miles eastward from U.S. 17 southeast to connect to Rifle Range Road.
Basic: The basic project purpose is to improve traffic circulation. Where the activity associated with a discharge which is proposed for a special aquatic site, including wetlands (defined at 40 CFR 230 Subpart E) does not require access or proximity to or siting within the special aquatic site to fulfill its basic purpose (i.e., is not ‘‘water dependent’’), practicable alternatives that do not involve discharges to special aquatic sites are presumed to be available, unless clearly demonstrated otherwise. In addition, where a discharge is proposed for a special aquatic site, all practicable alternatives to the proposed discharge which do not involve a discharge into a special aquatic site are presumed to have less adverse impact on the aquatic ecosystem, unless clearly demonstrated otherwise. The basic project purpose (to improve traffic circulation) is not considered a water dependent activity.
Overall: The overall project purpose is to provide improved system linkage and traffic flow in the area by providing more direct connectivity between U.S. 17 and U.S. 27.
EXISTING CONDITIONS: The aquatic habitats on site include: 3.46 acres of bottomland forest, 5.62 acres of wet prairies, 0.11 acres of depression marsh, 0.49 acres of seepage stream, and 0.25 acres of upland cut ditches. The existing condition of aquatic habitats has been influenced by historic agricultural, commercial, and industrial activities, residential developments, and associated mixed-use development.
Land uses adjacent to the proposed project area consists of residential properties, a school, utilities, citrus groves, pastureland, undeveloped or vacant properties and commercial and light industrial properties. Below is a description of the aquatic habitat types in the project area and vicinity.
Bottomland Forest
This wetland classification is characterized by predominantly flat land with sand/clay/organic substrate; usually connected or adjacent to a riverine community; occasionally inundated; occurs in the Panhandle to the central peninsula; rare or no fire; closed canopy of mixed hardwoods; deciduous or mixed deciduous/evergreen trees including Quercus nigra, Acer rubrum, Sapium sebiferum, Schinus terebinthifolius.
Wet Prairies
This wetland classification is characterized by predominantly flat land with sand or clayey sand substrate; usually saturated but only occasionally inundated; occurs statewide excluding extreme southern peninsula; frequent fire (2-3-year interval); treeless, dense herbaceous community with few shrubs including Dichondra carolinensis, Ludwigia peruviana, Juncus elliottii, Polygonum spp., Rhexia spp., Hydrocotyle umbellata.
Depression Marsh
This wetland classification is characterized by predominantly small, isolated, often rounded depressions in sand substrate with peat accumulating toward the center; surrounded by fire-maintained natural communities; seasonally inundated; calm/ponded water; occurs statewide excluding the Keys; frequent or occasional fire; supports mostly herbaceous species including Schinus terebinthifolius, Ludwigia peruviana, Cyperus spp., Alopecurus carolinianus, Echinochloa spp.
Seepage Stream
This aquatic habitat classification is characterized by upper perennial or intermittent/seasonal flow with clear to lightly colored water derived from shallow groundwater seepage; occurs from the Panhandle to the southern peninsula; and supports vegetation species including Polygonum spp., Hydrocotyle ranunculoides, Sagittaria latifolia, Colocasia esculenta, Dichondra carolinensis.
The total area of aquatic habitats within the project area is approximately 9.93 acres. The project area includes approximately 54.07 acres of uplands comprised of dry prairies or upland mixed hardwood that have been altered due to agricultural activity or development.
PROPOSED WORK:
The applicant seeks authorization from the Corps to discharge approximately 51,748 cubic yards (cy) of dredged or fill material to wetlands and surface waters to construct two 12-foot-wide travel lanes, including landscaped medians, bike lanes, sidewalks, curb and gutter, ditches, and guardrails. The applicant also proposes widening at U.S. 17 and construction of new 10 to 12-foot travel lanes at Grove Park Lane, Cameron Road, and Snively Avenue. Additional improvements would include driveways and drainage improvements including construction of flood compensation ponds. The proposed discharge would permanently affect approximately 3.46 acres of bottomland forest, 5.62 acres of wet prairies, 0.11 acres of depression marsh, 0.49 acres of seepage stream, and 0.25 acres of ditches cut from uplands.
The applicant indicates the fill material will be clean, contain no muck, large vegetative matter (i.e., stumps, branches, brush, roots, etc.), rubbish, or rebar and dredged/excavated material would be stored solely within uplands. The proposed work is expected to be completed in less than five years.
AVOIDANCE AND MINIMIZATION INFORMATION:
The proposed road has been designed to accommodate pedestrian/driver safety and stormwater management measures, while avoiding and minimizing effects on aquatic habitats. The applicant has proposed to align the road to minimize impacts to the community, wildlife, cultural resources and aquatic habitat segmentation.
The applicant provided several alternatives to the proposed project. All action alternatives would be required to meet the drainage requirements for the Southwest Florida Water Management District.
The proposed project is Alternative C. Functional loss of aquatic resources was determined by the affected acreage and the Uniform Mitigation Assessment Method (UMAM) score (62-345, F.A.C.).
Alternative A would result in the highest number of affected parcels, community impacts, wetland/water impacts, and overall cost of construction.
Alternative B, compared to Alternative C, would have fewer wetland/water impacts and fewer affected parcels, but would have greater floodplain impacts, greater potential to impact federally listed species, and may encounter more soil contamination within the proposed project area.
Alternative C would have fewer effects on wetland/water and other natural resources, and cultural and community resources compared to Alternatives A and B. Alternative C would have no effect on historic properties, low potential for impacts to previously undiscovered archaeological sites, and no impact to parks, preserves or refuges. There is a moderate risk of encountering soil contamination, and floodplain impacts are near the low end of the range of all action alternatives.
Under the No Action alternative, no Department of the Army (DA) permit would be issued to authorize discharges of dredged or fill material to wetlands/waters (40 CFR 1500 and 33 CFR 325 Appendix B); however, construction activities in uplands may still occur subject to other federal, state and/or local approval.
COMPENSATORY MITIGATION:
To offset the proposed loss of 9.93 acres of aquatic habitats, the applicant proposed 2.77 palustrine emergent and 2.02 palustrine forested mitigation bank credits purchased from the Peace River, Horse Creek, and Boran Ranch mitigation banks.
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for direct and indirect effects to historic properties as required under Section 106 of the National Historic Preservation Act (36 CFR 800) and Corps regulations (33 CFR 325 Appendix C). This public notice serves to inform the public of the proposed undertaking and invites comments from local, state, tribal and federal government agencies. Our final determination relative to historic properties impacts may be subject to additional coordination with the State Historic Preservation Officer, federally recognized tribes with concerns in Florida and the permit area, and other interested parties. The Corps determined the Area of Potential Effects (APE) includes 54.07 acres of land on which the proposed road would be constructed (36 CFR 800.16(d)). The Corps authorization focuses on the permit area including 9.93 acres of aquatic habitats which would be affected by the proposed discharge of dredged or fill material, and a 100-foot buffer that would be temporarily affected to complete the work (33 CFR 325 Appendix C(1)(g)(1)). The undertaking is issuance of a DA permit to authorize discharge of dredged or fill material into 9.93 acres of wetlands/waters (36 CFR 800.16(y) and 33 CFR 325 Appendix C(1)(f)). The Corps consulted the National Register of Historic Places via the National Regulatory Viewer, and there are no historic properties in the project area. Additional screening conducted by SAJ indicated a low potential for archeological resources. As such, the Corps’ preliminary determination is the proposed undertaking would have no effect on historic properties (36 CFR 800.3(a)(1)).
ENDANGERED SPECIES:
The project is located within U.S. Fish and Wildlife Service (FWS) Consultation Areas for the following federally listed threatened (FT) or endangered (FE) species:
• Florida bonneted bat (Eumops floridanus, FE)
• Florida grasshopper sparrow (Ammodramus savannarum floridanus, FE)
• Everglade snail kite (Rostrhamus sociabilis plumbeus, FE)
• Audubon’s crested caracara (Polyborus plancus audubonii, FT)
• Florida scrub-jay (Aphelocoma coerulescens, FT)
• Sand skink (Neoseps reynoldsi, FT)
• Bluetail mole skink (Plestiodon egregius lividus, FT)
The project is located within Core Foraging Areas (CFA) for the wood stork (Mycteria americana, FT), and may provide suitable habitat for Eastern indigo snake (Drymarchon couperi, FT) and the bald eagle (Haliaeetus leucocephalus).
Information provided by the applicant indicates that wood storks and bald eagles have been observed on or near the project site during surveys conducted between January 2022 and June 2023.
The proposed project “may affect but is not likely to adversely affect” (MANLAA) the wood stork, and would have “no effect” on the Florida bonneted bat, Florida grasshopper sparrow, Everglade snail kite, Audubon’s crested caracara, Florida scrub-jay, sand skink, bluetail mole skink, and eastern indigo snake. No designated critical habitat occurs in the project area.
Florida Bonneted Bat: Florida bonneted bats (FBB) is known to roost in tropical hardwoods, pinelands, and mangroves that include tall, mature trees or other areas in which suitable structural features for breeding and sheltering are present. Foraging habitat is comprised of relatively open areas including open fresh water, freshwater wetlands, upland forests, agricultural lands, and man-made habitats such as golf courses and parks. The applicant conducted surveys in accordance with the Florida Bonneted Bat Consultation Guidelines (FWS, October 2019), from April 19 to April 26, 2023. Vocalizations of four bat species were recorded in the project area; however, none were FBB. Information provided by the applicant and use of the Guidelines and consultation key resulted in a sequential determination: 1a > 2b > 3b > 6b, no effect.
Wood Stork: The project is within the 18.6-mile core foraging area buffer for the Lake Somerset, Mulberry Northeast, and Lake Rosalie colony sites. Wood storks occur in a wide variety of wetland habitats. Typical foraging sites include freshwater marshes and stock ponds, shallow, seasonally flooded roadside and agricultural ditches, narrow tidal creeks and shallow tidal pools, managed impoundments, and depressions in cypress heads and swamp sloughs. Information provided by the applicant indicated wood storks were observed onsite, and the wetlands/waters onsite may provide foraging habitat. The applicant proposed mitigation via credit purchase from two mitigation banks with similar hydroperiods as in the project area, and will comply with the Habitat Management Guidelines for the Wood Stork in the Southeast Region. The FWS Effect Determination Key for the Wood Stork in South Florida (2010) resulted in a sequential determination: A > B > C > E, MANLAA. In light of the proposed mitigation, the Corps has determined additional consultation is not required at this time.
Florida Grasshopper Sparrow: Florida grasshopper sparrow habitat consists of dry, open prairies that contain bunch grasses, low shrubs, and saw palmetto. They generally occupy large, open landscapes, avoid forested edges, and preferentially use the centers of open patches. The project lies within the Consultation Area for this species, but there is no suitable habitat on the project site. The Corps has determined the project would have no effect on the Florida grasshopper sparrow.
Everglade Snail Kite: Everglade snail kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. This species nests in a variety of vegetation types, usually over open water and almost always in areas with good foraging habitat nearby. Its preferred habitat is lowland freshwater marshes mostly in the Everglades, Lake Okeechobee, Lake Kissimmee, and upper St. Johns River watersheds. The project site is in the Consultation Area for the Everglade snail kite. Existing site conditions do not support suitable habitat for this species. Additionally, this species was not observed during site surveys. The Corps has determined the project would have no effect on the Everglade snail kite.
Audubon’s Crested Caracara: The Audubon’s crested caracara prefers habitats that contain 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 areas with scattered saw palmetto, scrub oaks, and cypress. A survey was conducted from January 7 to April 22, 2022, in which no individuals or nests were observed. As such, Corps determined the project would have no effect on the Audubon’s crested caracara.
Florida Scrub-Jay: The Florida scrub-jay is endemic to peninsular Florida’s ancient dune ecosystems of oak dominated scrub, or xeric oak scrub habitat, which occur on well-drained to excessively well drained sandy soils. Optimal habitat for scrub-jays includes low growing oaks (sand live oak [Quercus geminata], Chapman oak [Q. chapmanii], myrtle oak [Q. myrtifolia], scrub oak [Q. inopina]), 1 to 3 meters high, interspersed with 10 to 50 percent unvegetated, sandy openings for foraging and acorn-caching space, and a sand pine (Pinus clausa) canopy of less than 20 percent. The is within the Consultation Area for the Florida scrub-jay, but the site does not support suitable habitat. According to the Listed Species Memorandum provided by the applicant, none were observed during surveys (August 2023). As such, the Corps determined the project would have no effect on the Florida scrub-jay.
Sand Skink and Bluetail Mole Skink: Sand skinks occur on sandy ridges of central Florida in Highlands, Lake, Marion, Orange, Osceola, Polk, and Putnam Counties. Bluetail mole skinks are found on sandy ridges in Osceola, Polk, and Highlands Counties. Both species are typically found at elevations of 82 feet above sea level or higher in excessively drained, well-drained, and moderately well drained sandy soils. According to information provided by the applicant, and coordination with the FWS in January 2023, there is no suitable habitat on site. Based on this information, the Corps has determined the project would have no effect on the sand skink or bluetail mole skink.
Eastern Indigo Snake: In the milder climates of Florida, eastern indigo snakes use a more diverse assemblage of habitats such as pine flatwoods, scrubby flatwoods, floodplain edges, sand ridges, dry glades, tropical hammocks, edges of freshwater marshes, muckland fields, coastal dunes, and xeric sandhill communities, with highest population concentrations of eastern indigo snakes occurring in the sandhill and pineland regions of northern and central Florida. Eastern indigo snakes have also been found on agricultural lands near wetlands. The FWS currently applies a buffer of known occurrences of eastern indigo snakes to assess the likelihood of occurrence on project sites. These buffer distances are 1.7 miles from the occurrence north of the frost line and 0.62 miles from the occurrence south of the frost line. Based on information provided by the applicant, the project site does is not within either buffer area. As such, the Corps determined the project would have no effect on the eastern indigo snake.
Gopher Tortoise: The gopher tortoise is a federally listed threatened species west of Mobile, Alabama (https://myfwc.com/wildlifehabitats/profiles/reptiles/gopher-tortoise/); and is a state listed threatened species in Polk County. Information provided by the applicant indicates habitat for the species (uplands with relatively well-drained, sandy soils and herbaceous ground cover for forage) exists on site, but the probability for occurrence is low and no gopher tortoise burrows have been observed onsite during 15% surveys conducted between January 2022 and June 2023. However, the site may contain suitable habitat for the gopher tortoise in the mixed hardwood-conifer forest and tree crops. Due to this species status in the state, the applicant should refer to the Gopher Tortoise Permitting Guidelines (Guidelines, revised April 2023) for survey methodology and permitting guidance prior to initiating development activity (https://www.myfwc.com/license/wildlife/gopher tortoise-permits/).
Bald Eagle: One bald eagle nest (PO231) occurs 660 feet north of the project boundary. The bald eagle has been removed from federal listing but remains protected by the federal Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d, 1940) and the Migratory Bird Treaty Act (16 U.S.C. 703-712, 1918). The recommended buffer distance from an eagle nest is 660 feet. Activities planned within 660 feet of a bald eagle nest should follow the FWS Eagle Management Guidelines (https://www.fws.gov/media/national-bald-eagle-managementguidelines) unless an eagle permit is issued. Information about federal eagle permits is available at https://www.fws.gov/story/do-i-need-eagle-take-permit or by contacting the regional FWS Migratory Bird Office directly at (404) 679-7070 or permitsR4MB@fws.gov.
NAVIGATION: The proposed discharge of dredged or fill materials is not located in the vicinity of a federal navigation channel.
SECTION 408: The proposed discharge of dredged or fill material 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 proposed work should be submitted in writing within 30 days from the date of this notice to the attention of the District Engineer through the Los Angeles District Regulatory Division, 60 S. California Street, Suite 201, Ventura, CA 93001-2598; by electronic mail at theresa.stevens@usace.army.mil; by facsimile transmission at (805) 585-2154; or by telephone at (805) 585-2146 Pacific Standard Time (PST).
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/waters. This is based on an analysis of the applicant's avoidance and minimization proposals for the project, as well as the proposed compensatory mitigation.
QUESTIONS concerning this application should be directed to the project manager, Theresa Stevens, in writing at the Los Angeles District Regulatory Division, 60 S. California Street, Suite 201, Ventura, CA 93001-2598; by electronic mail at theresa.stevens@usace.army.mil; by facsimile transmission at (805) 585-2154; or, by telephone at (805) 585-2146 Pacific Standard Time (PST).
IMPACT ON NATURAL RESOURCES: Coordination with FWS, Environmental Protection Agency (EPA), 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.
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 (WQC): A WQC has been granted by the Southwest Florida Water Management District through issuance of an Environmental Resource Permit, No. 43035591.000.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the state WQC 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.