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 f the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT:
Polk County Roads and Drainage Division
ATTN: Jay Jarvis
3000 Sheffield Road
Winter Haven, Florida 33880
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Poley Creek. The project site is located within Poley Creek and associated wetlands near the intersection of Creekwater Drive and Ewell Road in Section 17, Township 29 South, Range 23 East, Lakeland, Polk County, Florida.
Directions to the site are as follows: From Interstate 4 (I-4), take exit 25 and travel south on County Line Road for approximately 5.7 miles then turn left on Ewell Road. Creekwater Drive will be on the left in approximately 1.7 miles.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.953258
Longitude: -82.026896
PROJECT PURPOSE:
Basic: The basic project purpose is roadway drainage improvements.
Overall: The overall project purpose is to improve roadway drainage efficiency along Creekwater Drive and repair eroded banks on Ewell Road.
EXISTING CONDITIONS: The wetlands and surface waters onsite are freshwater systems. 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, and 615 – streams and lake swamps (bottomland). The onsite vegetation consists of wild taro (Colocasia esculenta), beautyberry (Callicarpa americana), cabbage palm (Sabal palmetto), laurel oak (Quercus laurifolia), water oak (Quercus nigra), live oak (Quercus virginiana), Carolina willow (Salix caroliniana), and camphor tree (Cinnamomum camphora). The trees within Wetland two (WL-2) are covered with air potato vine (Dioscorea bulbifera). The existing area surrounding the project area consists of medium density residential development (FLUCFCS code 120).
PROPOSED WORK: The applicant seeks authorization to fill approximately 0.06 acre of wetlands and 0.13 acre of other waters to replace two (2) existing culverts with 5-foot-wide by 4-foot-tall concrete box culverts, increasing their capacity; install riprap between the downstream end of the existing double 43-inch by 68-inch elliptical reinforced concrete pipe (ERCP) cross drain at Creekwater Drive and the culvert driveway; and install a new pipe with riprap at the downstream side of Ewell Road cross drain to convey flows away from the eroding bank. Additionally, 0.11 acre of wetland areas and 0.12 acre of other waters would be mechanically cleared of dense vegetation overgrowth and debris.
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 project footprint has been reduced to the greatest extent practicable to minimize the impacts and effects on the surrounding wetland and creek. Clearing and grubbing would only occur in areas where flow is being negatively influenced by overgrowth and riprap would only be installed in areas that experience heavy flow to increase drainage capabilities and support the banks of the drainage structures.
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 – federal mitigation bank credits from the Alafia 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 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.
The Corps has consulted the National Register of Historic Places (NRHP), and no historic properties were identified within the vicinity of the project. As such, the Corps’ preliminary determination is that the proposed undertaking would have no effect on historic properties.
ENDANGERED SPECIES: Based on existing conditions, the area of proposed impact and the types of activities proposed, the Corps has determined the proposed project would have no effect on the American alligator (Alligator mississippiensis), blue-tailed mole skink (Eumeces egregius lividus), Audubon’s crested caracara (Caracara plancus audubonii), eastern black rail (Laterallus jamaicensis ssp. jamaicensis), Florida panther (Puma (=Felis) concolor coryi), puma (Puma (=Felis) concolor (all subsp. except coryi)), Everglade snail kite (Rostrhamus sociabilis plumbeus), whooping crane (Grus americana), Monarch butterfly (Danaus plexippus), Avon Park harebells (Crotalaria avonensis), Britton’s beargrass (Nolina brittoniana), Carter’s mustard (Warea carteri), Florida ziziphus (Ziziphus celata), highlands scrub hypericum (Hypericum cumulicola), Lewton’s polygala (Polygala lewtonii), papery whitlow-wort (Paronychia chartacea), pigeon wings (Clitoria fragrans), pygmy fringe-tree (Chionanthus pygmaeus), sandlace (Polygonella myriophylla), scrub mint (Dicerandra frutescens), short-leaved rosemary (Conradina brevifolia), wireweed (Polygonella basiramia), or Florida perforate cladonia (Cladonia perforata).
Eastern Indigo Snake (Drymarchon couperi corais): The areas of debris removal within the channel, culvert replacement, and stabilization do not contain holes or cavities that could provide habitat for the eastern indigo snake. By use of the Eastern Indigo Snake Key dated 1 August 2017, the project results in a path of A-B-C-D, may affect but is not likely to adversely affect the eastern indigo snake provided the permit is conditioned for use of the Service’s current guidance for Standard Protection Measures For The Eastern Indigo Snake during site preparation and project construction. With an outcome of “not likely to adversely affect (NLAA)” as outlined in the key, the requirements of Section 7 of the Endangered Species Act (ESA) are fulfilled for the eastern indigo snake and no further action is required.
Wood stork (Mycteria Americana): The proposed project is located within the 18.6-mile radius core foraging area of three active wood stork nesting colonies, but is at least 6.85 miles of an active wood stork nesting colony. Therefore, potential impacts to the threatened wood stork were evaluated using the South Florida Programmatic Concurrence (Key), dated 18 May 2010. Use of this Key produced the sequential determination A-B-NLAA. With an outcome of NLAA as outlined in the Key, and the project has less than 20.2 hectares (50 acres) of wetland impacts, the requirements of Section 7 of the ESA are fulfilled for the wood stork and not further action is required.
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. 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 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 Los Angeles District, Arizona Regulatory Branch (Attn: Alexandra Ryan), 3636 North Central Avenue Suite 900, Phoenix, Arizona 85012 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, Alexandra Ryan, in writing at the Los Angeles District, Arizona Regulatory Branch, 3636 North Central Avenue Suite 900, Phoenix, Arizona 85012; by electronic mail at alexandra.ryan@usace.army.mil; or, by telephone at (602) 230-6954.
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 is required from the Southwest Florida Water Management District (SWFWMD). The project is being reviewed under SWFWMD application no. 891415.
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.