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)
c/o Keith Slater, P.E.
1142 Celebration Boulevard
Kissimmee, Florida 34747
WATERWAY AND LOCATION: The project would affect aquatic resources associated with unnamed freshwater wetlands that discharge into Lake Hatchineha. The project site is located along approximately two miles of Interstate 4 (I-4) from approximately 0.8 miles northeast of Champions Gate Boulevard to approximately 0.5 miles southwest of Ronald Reagan Parkway in Sections 33 and 34, Township 25 South, Range 27 East; and Sections 4 and 5, Township 26 South, Range 27 East, Polk and Osceola Counties, Florida.
Directions to the site are as follows: From the Corps Cocoa Regulatory Office, head west on State Road (SR) 528 west for approximately 30 miles. Merge onto SR 417 south and continue west for another 27 miles. Merge onto I-4 west and travel over Reedy Creek toward the I-4 and Champions Gate Boulevard interchange, which is at the center of the project area.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.25978°
Longitude: -81.61456°
PROJECT PURPOSE:
Basic: Roadway improvements.
Overall: Improve traffic operations, enhance connectivity, and improve mobility and safety on the I-4 corridor in Polk and Osceola Counties.
EXISTING CONDITIONS: The project area contains an existing six-lane segment of I-4 with one intersection (I-4 and Champions Gate Boulevard) and an overpass (Ronald Reagan Parkway over I-4). The following wetland community types exist onsite and are categorized in accordance with the Florida Land Use, Cover, and Forms Classification System (FLUCFCS, 1999): reservoirs (5300), wetland hardwood forests (6170), wetland forested mixed (6300), and vegetated non-forested wetland (6410). The following FLUCFCS upland community types exist onsite: mixed rangeland (3300), upland mixed forests (4340), and transportation (8140). Land uses in the vicinity of the project site include a mix of single and multi-family residential and commercial.
PROPOSED WORK: The applicant seeks authorization to impact approximately 11.68 acres of wetlands to add two 12-foot-wide travel lanes (one in each direction), to widen shoulders, and to enlarge a stormwater treatment pond for Accelerated Start (AS) Project A, in Polk and Osceola Counties. FDOT proposes two road typical sections:
A full-build typical section from west of Ronald Reagan Parkway to approximately 3,000 feet east of the Champions Gate Boulevard intersection. This proposed typical section would add two 12-foot-wide travel auxiliary lanes in the eastbound direction, a 12-foot-wide travel lane in the westbound direction, and 12-foot-wide inside and outside shoulders in both directions.
Congestive relief via an interim typical section from US 27 to west of Ronald Reagan Parkway and again from 3,000 feet east of Champions Gate Boulevard to just east of Tradition Boulevard. This proposed typical section would consist of 12-foot-wide inside travel lanes, 12-foot-wide inside shoulders, and 10-foot-wide outside shoulders in both directions.
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 was reviewed for potential avoidance and minimization during the Planning, Development, and Environment (PD&E) study for the project, and during the I-4 Ultimate and Beyond the Ultimate design phases. Avoidance and minimization would be accomplished by adding travel lanes to the median instead of the outside lanes and lowering the roadway typical section that was previously proposed for the I-4 Beyond the Ultimate project, thereby reducing tie-downs and the overall project footprint. For unavoidable wetland impacts, wherever possible, impacts are proposed within wetland systems that have been degraded by past activities including noise, light, stormwater runoff, and routine maintenance of the right-of-way.
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 9.79 federal freshwater forested and 0.17 federal freshwater herbaceous credits from either Reedy Creek Mitigation Bank (SAJ-1995-07852) or Florida Mitigation Bank (SAJ-1996-03573). Wetland functional loss was evaluated using the Modified Wetland Rapid Assessment Procedure (M-WRAP).
CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act (NHPA). Cultural Resource Assessment Surveys (CRAS) were conducted for the project area. The CRAS reports indicated that the proposed project would have no effect on resources listed in or eligible for listing in the National Register of Historic Places (NRHP). FDOT, as lead federal agency for the project, coordinated with the State Historic Preservation Office (SHPO), and SHPO provided concurrence with FDOT’s findings that the project would have no effect on resources listed in or eligible for listing in the NRHP on June 23, 2016, and August 5, 2019. 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 is the lead federal agency for the project because the project is federally funded. FDOT determined that the proposed project may affect, but is not likely to adversely affect the following species:
Eastern indigo snake (Drymarchon couperi): FDOT used the “Eastern Indigo Snake Programmatic Effect Determination Key” (2017) to make an effect determination for the eastern indigo snake. The key resulted in the following sequential determination: A > B > C > D > E = may affect, but not likely to adversely affect (MANLAA). The applicant proposes to follow the United States Fish and Wildlife Service (USFWS) “Standard Protection Measures for the Eastern Indigo Snake” (2024) during the clearing and construction phases of the project.
Sand skink (Neoseps reynoldsi) and blue-tailed mole skink (Eumeces egregius lividus): Portions of the project meet the elevation and soil criteria for skink habitat. A skink survey was performed for the project area in 2018 in accordance with USFWS survey protocols. No skink tracks were found within the project area. Therefore, FDOT determined that the project may affect but is not likely to adversely affect the sand skink or the blue-tailed mole skink.
Wood stork (Mycteria americana): FDOT used the “Wood Stork Key for South Florida” (2010) to make an effect determination for the wood stork. The key resulted in the following sequential determination: A > B > C > D > E = MANLAA. The applicant proposes mitigation from an approved wetland mitigation bank in the same core foraging area (CFA) as the proposed impacts.
FDOT determined that the proposed project would have no effect on the following species:
Eastern black rail (Laterallus jamaicensis spp. jamaicensis): The black rail is a secretive bird species occurring along upland-wetland habitat gradients where shallow marshes shrink and expand based on hydrologic conditions, to provide dependable foraging habitat. They require dense vegetative cover which allows for movement underneath the canopy; however, when shrub densities become too high, the habitat becomes less suitable for the bird species. Most wetlands in the project area are forested with moderate-to-high density of woody vegetation. The marsh systems that do occur in the project area contain sparse ground cover and some woody vegetation. FDOT determined that the project does not contain suitable habitat and would have no effect on the eastern black rail.
Audubon’s crested caracara (Polyborus plancus audubonii): Although the project area is within the USFWS consultation area for the crested caracara, the species is rarely found as far north as Orlando and its preferred habitat (prairies and pastures) does not occur in or near the project footprint. Therefore, FDOT determined that the proposed project would have no effect on the crested caracara.
Everglade snail kite (Rostrhamus sociabilis plumbeus): The Everglade snail kite nests in marshes near open water and forages in similar habitats where apple snails occur. Although the project area includes marsh habitat with relatively shallow vegetation, the habitat is isolated and unlikely to support the Everglade snail kite and no documentation of the species has been reported in or near the project area. Based on the lack of suitable habitat in sufficient quantity or quality, FDOT determined that the proposed project would have no effect on the Everglade snail kite.
Florida grasshopper sparrow (Ammodramus savannarum floridanus): The Florida grasshopper sparrow is a non-migratory, endemic species to prairies in central and south-central Florida. Although the project area is within the USFWS consultation area for the Florida grasshopper sparrow, its preferred habitat (large, treeless grasslands supported by frequent fires) does not occur in or near the project footprint. Therefore, FDOT determined that the proposed project would have no effect on the Florida grasshopper sparrow.
Florida scrub jay (Aphelocoma coerulescens): Florida scrub jays mostly occur in oak scrub habitats on relic dunes. Although the project area is within the USFWS consultation area for the scrub jay, suitable habitat (uplands that support or are near habitat that supports scrub oak plant species) does not occur in or near the project footprint. Therefore, FDOT determined that the proposed project would have no effect on the Florida scrub jay.
Red-cockaded woodpecker (Leuconotopicus borealis): Red-cockaded woodpeckers mostly occur in old growth longleaf pine savannahs. Although the project area is within the USFWS consultation area for the red-cockaded woodpecker, its preferred habitat (mature pine forests supported by frequent fires) does not occur in or near the project footprint. Therefore, FDOT determined that the proposed project would have no effect on the red-cockaded woodpecker.
FDOT will request USFWS concurrence with these determinations 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 because the project area contains only inland, freshwater wetlands and non-wetland waters, and there is no EFH within the project area. 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 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 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 Parkway, 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 may be required from the South Florida Water Management District (SFWMD).
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.