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 5
Point of Contact: Mrs. Jennifer Cappelleti
719 South Woodland Boulevard
DeLand, Florida 32720
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Pellicer Creek. The project area is located on at the crossing of State Road (SR) 5/ US 1 and Pellicer Creek, north of the City of Bunnell and near the City of Palm Coast, in Section 09, 10 South Township, 30 East Range; Latitude 29.651346 and Longitude -81.286790; Flagler County and St. John County, Florida.
PROJECT PURPOSE:
Basic: Bridge upgrades.
Overall: The overall project purpose is to upgrade the structurally deficient and obsolete US 5/ US 1 Bridges that connect Flagler and St. John Counties.
PROPOSED WORK: The applicant requests authorization to directly impact 0.4794 acre of waters of the United States (WOTUS), including wetlands and surface waters to replace the SR 5/ US 1 bridges over Pellicer Creek. Rubble-riprap and walls along the embankments would be upgraded by discharging 0.0379 acres of fill into Pellicer Creek. The wetland impacts would occur due to the creation of the appropriate swales, slopes and support the construction of the bridges. Each of the new bridges would provide two 12-foot (ft) lanes, a 6-ft wide inside shoulder and a 10-ft wide outside shoulder. Anticipated secondary impacts would include impacts to 0.7765 acres of WOTUS from construction operations. Railing and other safety improvements are also proposed.
EXISTING CONDITIONS: Pellicer Creek is a tidally influenced creek with estuarine and marine waters (E1UBL), estuarine and marine wetlands (E2EM1N) and freshwater forested wetlands (PFO1/4C). The section of Pellicer Creek where the work is proposed is approximately 5.1 creek-miles west of the junction between Pellicer Creek and the Matanzas River. This area has low density development and is in the vicinity of the Guana Tolomato Matanzas National Estuarine Research Reserve, the Pellicer Creek Aquatic Preserve, the Faver-Dkykes State Park, and Princess Place Preserve. The South Bound SR 5/ US 1 bridge was constructed in 1927 and the North Bound in 1957.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The proposed bridges would be replaced along the alignment of the existing bridges. In addition, the slopes are steeper than recommended (1:2 versus 1:4) to minimize discharge into the creek and prevent the need for additional right-of-way acquisition. A retaining wall would be constructed on the embankment to minimize discharges into the wetlands. The new design would capture the stormwater and convey it to the roadside ditches for treatment prior to sending it to Pellicer Creek. This treatment would improve the post-construction water environment. In addition, the bridge was designed to reduce the number piles needed in the water.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Uniform Mitigation Assessment Method (UMAM) was used to assess the functional losses to wetland and surface waters. The functional loss for the impacts in areas with minimal submerged and emergent vegetation would be 0.032 units. Functional losses to wetlands would include 0.024 and 0.011 unit in Wetland 1 (direct and temporary impacts respectively), 0.001 unit for Wetland 2 (temporary impacts), 0.152 and 0.015 units in Wetland 3 (direct and temporary respectively), 0.147 and 0.025 unit in Wetland 4 (direct and temporary respectively). The total functional loss of Wetlands 1-4 is 0.375 units. To offset the impacts, the applicant proposes to purchase mitigation from a local mitigation bank.
CULTURAL RESOURCES: FDOT was the lead agency for the consultation with the State Historical Preservation Office (SHPO) under SHPO Project file number 2022-4228 and 2023-4979B. A Cultural Resource Assessment Survey (CRAS) was completed in June 2022 for the SR-5 Bridge Replacement over Pellicer Creek (DHR Survey #28226) in accordance with the requirements set forth in Section 106 of the National Historic Preservation Act of 1966, as amended, found in 36 CFR Part 800 (Protection of Historic Properties). The CRAS identified one historic property, Bridge No. 730008 (8SJ08262), in the permit area. The FDOT determined that the project would have an adverse effect on 8SJ08262. The SHPO concurred with the findings of the CRAS in October 2023. FDOT agreed to enter into a Memorandum of Agreement (MOA) with the SHPO and prepare the state's equivalent of a Level III Historic American Engineering Record documentation to mitigate the adverse effect of demolition. The MOA, signed by the FDOT and the SHPO, was executed October 30, 2024. The Corps accepts the lead agency's Section 106 assessment and would include a special condition requiring that the terms of the MOA are met prior to alterations to 8SJ08262.
ENDANGERED SPECIES: FDOT was the lead agency for the Endangered Species Act (ESA) consultations on behalf of the Federal Highway Administration. Consultation with the U.S. Fish and Wildlife Service (USFWS) (24-I-0116837) was completed July 31, 2024. Consultation with the National Marine Fisheries Service (NMFS) (PRD) (SERO-2024-01135) was completed August 16, 2024. During the review of the project, FDOT determined that the project would have “no effect” on the Florida scrub-jay (Aphelocoma coerulescens), and the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis). The replacement of the bridge “may affect not likely to adversely affect” the Green sea turtle (Chelonia mydas), Loggerhead sea turtle (Caretta caretta), Kemp's Ridley sea turtle (Lepidochelys kempii), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), and Smalltooth sawfish (Pristis pectinate). Effect to the Eastern indigo snake (Drymarchon couperi), and the Woodstork (Mycteria americana) were evaluated by FDOT using the 2017 Consultation Key for the Eastern Indigo Snake and the 2008 Wood Stork Effect Determination Key for Central and North Peninsular Florida respectively. The sequential effect determination for both species resulted in “may affect not likely to adversely affect” the species or its critical habitat.
This notice serves as request to USFWS and NMFS for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
FDOT is the lead federal agency for the EFH consultation for the proposed action. Any required consultation will be completed by FDOT. The Corps will not make a permit decision until the consultation process is complete. 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 – Habitat Conservation Division.
NAVIGATION: The proposed structure or 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.
WATER QUALITY CERTIFICATION: The Water Quality Certification for this project was authorized on February 2, 2024, by the St. John River Water Management District.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
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.
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. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: 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.
The Jacksonville District will receive written comments on the proposed work, as outlined above, until December 12, 2024. Comments should be submitted to Veronica Beech at Veronica.C.Beech@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Veronica Beech, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407. Please refer to the permit application number in your comments. If you are interested in receiving an electronic copy of the project drawings associated with this Public Notice for the proposed project described, please send an e-mail to the project manager by electronic mail at Veronica.C.Beech@usace.army.mil.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.