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: Glenn Pressimone – Central Florida Expressway Authority
4974 ORL Tower Road
Orlando, Florida 32807
WATERWAY AND LOCATION: The project would affect aquatic resources associated with wetlands within the Boggy Creek Basin. The project site is located in section 35 and 36, Township 23 South, Range 30 East, Orange County, Florida.
Directions to the site are as follows: The location can be found on the USGS Quadrangle Map titled Pine Castle. From the USACE Jacksonville Office, take I-95 south to exit 212 towards Orlando, continue on FL 409, merge onto SR 528 east. The project begins at the intersection of SR 528 and Goldenrod Road and terminated at the intersection of SR 528 and Narcoossee Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.448419°
Longitude –81.275514°
PROJECT PURPOSE: The applicant seeks authorization to add one general use lane for each direction along the SR 528 from west of Goldenrod Road to Narcoossee Road to alleviate traffic.
Basic: Roadway expansion.
Overall: Expansion of an existing roadway to alleviate traffic congestion.
EXISTING CONDITIONS: The wetland system consists of a 1.29-acre area of a palustrine emergent wetland system dominated by vegetated non-forested wetlands (FLUCCS code 6400). The onsite vegetation consists of Red maple (Acer rubrum), Carolina willow (Salix carolina), bays (Persea spp.), and Brazillian pepper (Schinus terebinthifolia). The existing area surrounding the project area consists of upland maintained limited access ROW as well as the paved portions of the roadway itself. These areas are comprised of various maintained roadway grasses and landscaped vegetation that have previously been filled and graded.
PROPOSED WORK:
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: All wetland systems within the existing ROW are physically fenced and isolated from any remaining system off-site. Additionally, the project has been designed so that the shoulders are narrowed to avoid impacts to wetland areas. No temporary fill or dredging will occur within the fenced off wetland areas and those not fence that will be affected by the project will be mitigated for in kind.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: In addition to the design considerations and minimization efforts described above, CFX will ensure no net loss to wetlands through the purchase of compensatory mitigation bank credits provided from a state and federally permitted mitigation bank. Due to impacts previously mitigated for in the Goldenrod Road Extension project (SFWMD ERP 48-00060-S, SJRWMD ERP 48-00063-S, and USACE Permit 1998-06084(IP-ED)), and the Brightline project (USACE Permit SAJ 2012-01564(SP-AWP) and SFWMD ERP 48-02603-P), remaining cumulative impact acreage (0.69 acre of herbaceous wetlands at W2 and W3) equates to a Functional Loss of 0.22 units of herbaceous wetlands. To ensure mitigation replaces appropriate ecological functional loss (in-kind replacement), 0.22 federal palustrine WRAP wetland mitigation credits have been reserved from TM-Econ Mitigation Bank.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Crested caracara, Eastern black rail, Eastern indigo snake, Everglade snail kite, Red-cockaded woodpecker, and Wood stork. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination 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. The proposal would impact approximately 1.29 acres of non-tidal non-forested wetlands. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Florida. 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 Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Zechariah Turk, in writing at the Galveston District Permits Section, 2000 Fort Point Road, Galveston, Texas 77550; by electronic mail at Zechariah.J.Turk@USACE.Army.Mil@usace.army.mil; or by telephone at (409)-766-3974.
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 St. John’s River Water Management District (SJRWMD). On Augst 2, 2024, SJRWMD issued an individual 401 for the proposed project, therefore satisfying this requirement.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the 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.