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
Post Office Box 613069
Ocoee, Florida 34761
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Peace Creek, between State Road (SR) 35 (United States (US) Highway 17 North) and SR 60, Sections 22, 27, and 34, Township 29 South, Range 25 East; and Section 3, Township 30 South, Range 25 East, Bartow, Polk County, Florida.
Directions to the site are as follows: From Interstate (I) 4, take SR 570 (Central Polk Parkway (CPP)) east to US 98. Take US 98 South into Bartow and turn left onto East Van Fleet Drive to SR 60 and follow SR 60 east to the southern project limits, approximately 0.1 miles west of North 91 Mine Road.
APPROXIMATE CENTRAL COORDINATES: Latitude: 27.93013°
Longitude: -81.80064°
PROJECT PURPOSE:
Basic: Construct new roadway alignment.
Overall: The purpose of this project is to improve regional and north/south connectivity, enhance freight mobility, improve emergency evacuation times, and accommodate projected future population growth and land use changes in Polk County, Florida.
EXISTING CONDITIONS: The wetlands and surface waters onsite are freshwater systems. Most of the project area is reclaimed land that was formerly a phosphate mine and was reclaimed in the 1960’s and 1970’s. Wetland community types were categorized using the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). The following wetland and surface water types are found onsite: 510 – streams and waterways, 533 – reservoirs larger than 10 acres but less than 100 acres, 534 – reservoirs less than 10 acres, 617 – mixed wetland hardwoods, 631 – wetland scrub, 641/631 – freshwater marsh/wetland scrub, 641 – freshwater marshes, and 643 – wet prairies. Land uses were also categorized using FLUCFCS and include: 110 – residential low density, 155 – other light industrial, 160 – extractive, 211 – improved pastures, and 814 – roads and highways. The wet prairies and improved pastures are currently used for cattle grazing. The areas categorized as extractive are currently used for soil/gravel borrowing.
PROPOSED WORK: The applicant seeks authorization to construct an extension of a limited access toll facility, SR 570B/CPP from SR 35 (US Highway 17) to SR 60 for a total distance of 2.529 miles. The project involves construction of a new roadway alignment, the creation of nine new stormwater retention ponds, and new interchanges at SR 60 and US 17. The project also includes the construction of a 2.3-mile multi-use path along the west side of the proposed alignment adjacent to the limited use right-of-way. The northern portion of the project (north of SR 35) was previously permitted and mitigated through Florida Department of Environmental Protection (FDEP) State 404 Program permit number 0401073-001-SFI dated July 25, 2022, so impacts associated with that portion are not included in this application review. The project would include approximately 17.74 acres of direct wetland impacts, 2.1 acres of secondary wetland impact, and 2.69 acres of direct impacts to 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 design and selection process for alignments conducted during the Project Design and Environment (PD&E) Study determined the proposed design would have the least impact to overall systems in the area. In addition, the PD&E alignment was modified from its original design to have sharper curves and bridge lengths that span Peace Creek and its floodplain (Surface Water 1 and Wetland 5) and to minimize impacts to Wetland 6.
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 of palustrine emergent federal mitigation bank credits from the Horse Creek Mitigation Bank. The number of credits needed would be finalized during the Corps’ project review using the Uniform Mitigation Assessment Method (UMAM).
CULTURAL RESOURCES:
The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. The applicant conducted a cultural resource assessment survey (CRAS) for the project dated April 21, 2021, and a CRAS addendum dated January 2023. The CRAS and addendum included evaluation of several resources that were determined to be not eligible for listing in the National Register of Historic Places (NRHP). The applicant submitted the CRAS and addendum and a letter summarizing the findings to the State Historic Preservation Office (SHPO) dated March 3, 2023. SHPO concurred with the applicant’s assessment that the proposed undertaking would have no effect on any NRHP listed, determined eligible, or potentially eligible resources within the Area of Potential Effects (APE) on March 13, 2023. Based on the information above, the Corps has determined that the project would have no effect on any NRHP listed, determined eligible, or potentially eligible resources within the APE.
ENDANGERED SPECIES:
There is no critical habitat in the project area.
The Corps has determined the proposed project may affect the Florida panther.
Florida panther (Puma concolor coryi): While only occupying five percent of their historic range, this species lives a wide ranging and secretive life in habitats such as pinelands, hardwood hammocks, grasslands, cypress swamps, and upland hardwood forests. Vehicular collisions are another threat to the re-establishment of Florida panthers. While suitable habitat exists within the project area, no Florida panthers have been documented within one mile of the project area according to Florida Natural Area Inventory’s (FNAI’s) Biodiversity Index, Florida Fish and Wildlife Conservation Commission’s (FWC’s) Florida Panther Telemetry data set, and FWC’s Panther Pulse document collections. No recorded data is available near the project area; however, one fatality (ID FP423) resulting from a vehicle collision was recorded along the existing Polk Parkway approximately 8 miles north of the project area on April 17, 2022. The project area is not located in the primary, secondary, or dispersal areas for the panther. The proposed bridge structures provide wildlife passage under the roadway at Peace Creek (Surface Water 1) and Wetland 6 in the central portion of the corridor. Based on the above information, the applicant made the preliminary determination that the project would have no effect on the Florida Panther. However, the Corps used the revised Panther Key (2007) to make the determination that the project may affect the Florida panther (key sequence: A>B>may affect – Consultation with the Service is requested). The Corps will consult with the United States Fish and Wildlife Service (USFWS) as requested by the key sequence.
The Corps has determined the proposed project may affect but is not likely to adversely affect the following species: American alligator, Audubon’s crested caracara, eastern black rail, eastern indigo snake, Florida scrub jay, and wood stork.
American alligator (Alligator mississippiensis): The American alligator is threatened due to similarity of appearance to the American crocodile (Crocodylus acutus). American alligators were observed using wetland and surface waters within the project site (Wetlands 2 and 7, surface water 1). The wetlands and surface water where the alligator was observed would remain after construction. In addition, there is additional suitable habitat adjacent to the project area. The alligator has the ability to move away from the project area during construction, if necessary. Therefore, the Corps has determined that the project may affect but is not likely to adversely affect the American alligator.
Audubon’s crested caracara (Caracara cheriway): This species prefers open habitats and pastures with scattered cabbage palm trees and oak trees for nesting. The project area is within the FWS consultation area for this species and suitable habitat exists for the caracara within the project area. The applicant’s consultant conducted caracara surveys in accordance with the USFWS Crested Caracara Draft Survey Protocol – Additional Guidance (2016-2017 Breeding Season) beginning on January 5, 2022, and ending on April 29, 2022. No caracaras were observed during the surveys. No active nests were located within the project area and the area was not used by caracaras for foraging. Therefore, the Corps determined that the project may affect but is not likely to adversely affect the Audubon’s crested caracara.
Eastern black rail (Laterallus jamaicensis spp. jamaicensis): This species is typically found in salt and brackish marshes, coastal prairies, and impounded wetlands with dense cover. This vegetative cover protects the nests which are set close to the ground in marshes with minimal water movement. Suitable habitat exists within the project area in the numerous marsh systems throughout the pastureland between US 17 and SR 60. According to FNAI’s Biodiversity Index, the eastern black rail has not been documented within one mile of the project area. No individuals were observed during the consultant’s field reviews. Based on this information, the Corps has determined that the project may affect but is not likely to adversely affect the eastern black rail.
Eastern indigo snake (Drymarchon corais couperi): This snake is found in a variety of habitats including mesic flatwoods, upland pine forests, swamps, wet prairies, xeric pinelands, scrub, and swamps. It may use gopher tortoise burrows for shelter to escape hot or cold ambient temperatures within its range. While there is suitable habitat for this species within the project area, no eastern indigo snakes were observed during field reviews. The Corps used the Consultation Key for the Eastern Indigo Snake for South Florida (2017) to make the determination that the project may affect but is not likely to adversely affect the Eastern Indigo Snake, provided the Standard Protection Measures for the Eastern Indigo Snake (2021) are followed (key sequence A>B>C>D>E).
Florida scrub jay (Aphelocoma coerulescens): This species is typically found in early successional stages of fire-dominated xeric oak communities located on well-drained, sandy soils, and its preferred habitat consists of scrub oaks between three and ten feet tall with open sand and scattered clumps of herbaceous vegetation. USFWS Geographic Information System (GIS) data shows the project falls within the distribution range of this species. However, FNAI’s Biodiversity Index indicates no Florida scrub jays have been documented within one mile of the project area. Because suitable habitat is present within the project area for the Florida scrub jay, the consultant conducted surveys on five days between March 15 and March 25, 2022, in accordance with the Scrub Jay Survey Guidelines (2017). Surveys were conducted throughout the limited areas of potential upland communities with various oak species. However, no scrub jays were observed during surveys. Based on this information, the Corps determined that the project may affect but is not likely to adversely affect the Florida scrub jay.
Wood stork (Mycteria americana): This wading bird species is opportunistic and uses various habitat types including forested wetlands, freshwater marshes, swamps, lagoons, ponds, tidal creeks, flooded pastures, and ditches for foraging. However, a specialized feeding technique commonly referred to as “groping” limits the wood stork to feeding in shallow water. This species can be expected to use portions of Peace Creek and open water portions of wetlands throughout the project area for foraging. The USFWS has defined the core foraging area (CFA) for the wood stork in Polk County as an 18.6-mile radius from breeding colonies. The project area is located within the 18.6-mile radius core foraging area of three active wood stork nesting colonies, but
is not located within 2,500 feet of an active wood stork nesting colony. Current project design is anticipated to impact more than 0.50 acre of suitable wood stork foraging habitat. The applicant has proposed to purchase mitigation bank credits within the same watershed as the impacts for the wood stork. The Corps used the USFWS Wood Stork Key for 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>E).
The Corps determined that the project would have no effect on the following species: Florida bonneted bat, Florida grasshopper sparrow, red-cockaded woodpecker, sand skink and blue-tailed mole skink, and the snail kite.
Florida bonneted bat (Eumops floridanus): This species prefers trees and urban buildings for roosting, and forests, mangrove swamps, and wetlands for foraging. While suitable habitat exists within the project area and the project area is within the consultation area for this species, no Florida bonneted bats have been documented within one mile of the project area according to the FNAI Biodiversity Index. Because the project location is within the Florida bonneted bat consultation area and suitable habitat is present within the project area, the consultant conducted potential roost site and acoustic surveys from May 6, 2022 through May 17, 2022. No roost cavities were observed within targeted inspections of mature native trees. Additionally, the analysis of the bat files collected during the acoustic survey did not identify any Florida bonneted bat calls during the 36 detector nights. The Corps used the USFWS Bonneted Bat Consultation Key to make the determination that the project would have no effect on the Florida bonneted bat (key sequence: 1a>2a>3b>6b).
Florida grasshopper sparrow (Ammodramus savannarum floridanus): This non-migratory species requires dry prairie ecosystems without tree cover that are frequently maintained by a fire regimen. Fire is necessary to keep vegetation low to enable the Florida grasshopper sparrow to nest on the ground. Although the project area is within one of FWC’s designated counties for this species, FNAI shows that no grasshopper sparrows have been documented within one mile of the project area and the project area is not within the breeding range of the known remaining populations, which extends into southeastern Polk County. Furthermore, while upland pastureland is located within the project area, no individuals were observed during the consultant’s field reviews of the project area and the project area is not regularly maintained by a fire regimen. Based on this information, the Corps determined that the project would have no effect on the Florida grasshopper sparrow.
Red-cockaded woodpecker (Picoides borealis): This species prefers mature pine forests, especially those with a dominance of long-leaf pine, but other southern pine species can be utilized. This species bores holes in living mature pine trees for nesting. Based on the FNAI’s Biodiversity Index, no red-cockaded woodpeckers have been documented within one mile of the project area and the project area is not within the USFWS consultation area for this species. There is no suitable habitat for the red-cockaded woodpecker within the project area and no individuals were observed during the consultant’s field reviews. The Corps determined that the project would have no effect on the red-cockaded woodpecker.
Sand skink (Neoseps reynoldsi) and Blue-tailed mole skink (Eumeces egregious lividus): These skink’s habitat is typically dominated by xeric vegetation such as oak-dominated scrub, turkey oak barrens, high pine, and xeric hammocks. Skinks typically occur in habitats that contain a mosaic of open sandy patches interspersed with forbs, shrubs, and trees. Skink distribution is based on three factors: County, 28 designated soil types, and elevations above 82 feet. The project area is located in Polk County, which is considered to be in the USFWS Consultation area for both species. In addition, portions of the project area contain a designated soil type and the elevations along the proposed alignment exceed 82 feet. Because portions of the project area meet the three criteria for distribution as outlined by USFWS, surveys of appropriate habitat were conducted for the project area. The consultant conducted coverboard surveys beginning on March 23, 2022, and ending on April 28, 2022, in accordance with USFWS Peninsular Florida – Species Conservation and Consultation Guide: Sand Skink and Blue-Tailed (Bluetail) Mole Skink (2020). No skinks or sinusoidal tracks were observed during the survey period. Based on the absence of skink observations and limited suitable habitat present, The Corps determined that the project would have no effect on the sand and blue-tailed mole skinks.
Snail kite (Rostrhamus sociabilis): Preferred habitat consists of freshwater marshes and lake margins with shrub vegetation for nesting and native and non-native apple snails for foraging. While potential suitable habitat for the snail kite exists within project area in the wetlands and adjacent shrubby areas, no snail kites have been documented within one mile of the project area according to FNAI’s Biodiversity Index. No individuals, apple snails, or snail eggs were observed during field reviews. Based on this information, the Corps has determined that the project would have no effect on the snail kite.
The Corps will also work with USFWS to evaluate the project for effects to the tri-colored bat, which is proposed for listing under Section 7 of the endangered species act. The applicant made a preliminary determination that the project may affect but is not likely to adversely affect the tri-colored bat. The Corps will make the final determination in coordination with USFWS.
The Corps will request USFWS concurrence with the above determinations, as required, pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service (NMFS) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. There is no EFH within the project area. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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 project 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 been verified by Corps personnel during a site visit on June 25, 2024.
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 within 30 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 USFWS, Environmental Protection Agency (EPA), NMFS, 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 is required and has been provided through Southwest Florida Water Management District (SWFWMD) permit number 43011879.031 issued on March 13, 2024.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. The state permit was issued by the SWFWMD on March 13, 2024 (permit number 43011879.031).
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.