SAJ-2022-02192 (SP-VCB)

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 (FDOT), District 7

          Point of Contact: Mr. Joel Johnso

          11201 North McKinley Drive

          Tampa, FL 33612

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Tampa Bay. The project is located on a segment of Interstate (I) 275 at the southwestern end of the Howard Frankland Bridge. Specifically, the project limits extend from the interchange between 38^th Avenue North and I-275 to north of interchange between 4^th Street North and I-275, in Sections 1, 12-14, 23-26, and 35 of Township 30 South, Range 16 East; Sections 6-7, Township 30 South, Range 17 East; and Sections 1-2 and 24, Township 31 South, Range 16 East, in Tampa, Pinellas County, Florida.

Directions to the site are as follows:  From the Tampa International Airport, take I-275 southbound across the Howard Frankland Bridge. The project starts on the southwestern end of the Howard Frankland Bridge, and it extends to the 38^th Avenue North/ I-275 Interchange.

APPROXIMATE CENTRAL COORDINATES:    Latitude     27.854492°

                                                                            Longitude -82.651979°

PROJECT PURPOSE:

Basic: Improvement of transportation facilities

Overall: The purpose of this project is to provide operational improvements to 7.6 miles of I-275 from the 38th Avenue North and I-275 interchange to north of the 4th Street North and I-275 interchange, to maximize the capacity of the I-275 corridor, improve lane continuity and connect I-275 to future network of express lanes planned for the Tampa Bay Region. Additionally, the project is needed to improve traffic congestion, enhance safety, and accommodate future traffic demands.

EXISTING CONDITIONS: The review area is approximately 564.04 acres, and was assessed using the National Wetland Inventory, wetland delineation datasheet, and Florida Land Use Cover and Forms Classification Systems. The project area has a mixture of uplands communities containing transportation facilities, developed parcels, and vegetated areas. The wetland areas contain streams, reservoirs, bays and estuarine, mangroves, forested wetlands, freshwater marshes and sparce seagrasses. A total of fifty-six (56) wetland, surface waters, and non-wetland waters were identified within the project area.

PROPOSED WORK: The applicant seeks authorization to impact 13.31 acres of wetlands (9.5 acres of permanent impacts and 3.81 acres of secondary impacts), 0.41 acre of impacts to surface waters (0.11 acre of permanent impacts and 0.3 acre of secondary impacts), and 8.99 acres of permanent impacts to non-wetland waters to improve 7.6 miles of I-275  from the 38^th Avenue North and I-275 interchange to north of the 4^th Street North and I-275 interchange. These impacts would facilitate the construction of noise walls, a pedestrian trail connecting the Howard Frankland Bridge to Ulmerton Road, and 2 new express lanes between south of Gandy Boulevard and 4th Street. Additional work would include modification to the Gandy Boulevard ramp and the Gateway Expressway interchange, and the construction of retention ponds to accommodate the increased stormwater resulting from the proposed impervious surfaces.

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:

Roadway improvements and stormwater treatment facilitates were designed within the current right-of-way (ROW) in order to use existing infrastructure as much as practicable and to avoid and minimize impacts to new areas. Furthermore, the proposed express lanes would be positioned within the existing median to avoid impacts to the maximum extent practicable to the exterior boundaries of the corridor. Given that the project requires improvements to the existing roadways and there were design constrains (side slopes, turn radius, lane number, and widths) and requirements associated with transportation safety, the project would result in unavoidable impacts to waters of the United States (WOTUS). The unavoidable impacts would be to WOTUS inside the ROW or immediately adjacent to its boundaries of the corridor. Water quality, quantity, hydroperiod, and habitat would be maintained in all wetlands that would remain undisturbed. Best Management Practices (BMPs) would be utilized during all construction activities to minimize erosion and sediment transport. Erosion and turbidity control measures would be installed and maintained in accordance with standard FDOT specifications.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

FDOT is proposing to mitigate for the unavoidable direct (0.04 acres) and indirect impact (0.08 acres) to seagrasses by providing 0.03 Uniform Mitigation Assessment Method (UMAM) functional units (FU) from FDOT’s Permittee Responsible Mitigation Area Old Tampa Bay Water Improvement Project. The 2.22 acres of direct impact and 2.01 acres of secondary impact to estuarine forested wetlands (1.70 UMAM FU) would be mitigated through the purchase of credits from Mangrove Point Mitigation Bank. The 6.9 acres of direct impact and 1.72 acres of secondary impact to freshwater forested wetlands (4.5 UMAM FU) and 0.34 acres of direct impact to freshwater herbaceous wetlands (0.23 UMAM FU) would be mitigated using FDOT’s Permittee Responsible Mitigation Area Gibsonton Tract.

CULTURAL RESOURCES: 

FDOT was the lead for this consultation on behalf of the Federal Highway Administration. The evaluation of the undertaking for effects to historic properties was completed as required by Section 106 of the National Historic Preservation Act. A Florida State Historic Preservation Officer concurrence was received June 2, 2015, with file number 15-2223. A second concurrence was received February 14, 2020. 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 for the consultations with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS), on behalf of the Federal Highway Administration. FDOT determined that the proposed project would have no effects on the American crocodile (Crocodylus acutus), Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Everglade snail kite (Rostrhamus sociabilis), Rufa Red Knot (Calidris canutus rufa), Hawksbill sea turtle (Eretmochelys imbricata), and the Leatherback sea turtle (Dermochelys coriacea). The project is likely to adversely affect the Wood Stork (Mycteria americana), Eastern indigo snake (Drymarchon corais couperi), Western Indian Manatee (Trichechus manatus), Gulf Sturgeon (Acipenser oxyrhynchus desotoi), Smalltooth Sawfish (Pristis pectinate), and the Green sea turtle (Chelonia mydas). The USFWS provided concurrence on a may affect not likely to adversely affect determination September 19, 2019 (USFWS Log number 2019-TA-1072). FDOT prepared a Natural Resource Evaluation Addendum with USFWS concurrence in

2019 and a Design Change and Right of Way Phase Reevaluation in 2020. The NMFS provided a letter to FDOT on September 5, 2019, providing technical assistance and indicating that additional consultation was needed. A Biological Assessment for NMFS is being prepared. The Corps will request copies of the USFWS and NMFS concurrence with FDOT’s determination pursuant to Section 7 of the Endangered Species Act. 

ESSENTIAL FISH HABITAT (EFH):  The proposal would impact approximately 2.22 acres of direct impact and 2.01 acres of secondary impact to estuarine forested wetlands, 0.04 acre of direct impact and 0.08 acre of secondary impact to seagrass, and 0.11 acre of estuarine open water utilized by various life stages of species listed in the table below. FDOT is the lead for the consultations with the NMFS, on behalf of the Federal Highway Administration. FDOT is initiating consultations with the NMFS. The final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS.

EFH

Layer: NOAA Essential Fish Habitat   

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 Panama City Permits Section, Attention: Veronica Beech, 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, 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 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.885044.

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.