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). The purpose of this public notice is to solicit comments from the public regarding the work described below:
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic
APPLICANT: Jay Jarvis
Polk County BOCC
Roads & Drainage Division
3000 Sheffield Road
Winter Haven, FL 33831
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Big Creek Basin. The project/review area is located between Sand Mine Road and Deen Still Road approximately 1000 feet west of the intersection of Sand Mine Road and U.S. Highway 27 in 13, 24, 25 and 36 Section, 26 Township, 26 Range; at Latitude 28.285895 and Longitude -81.669296; in Polk County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater, nontidal system within the Big Creek Basin. Currently, the site consists of approximately 74.76 acres of primarily herbaceous and forested land adjacent to residential and mixed-use developments.
PROJECT PURPOSE: Basic: The basic project purpose is to construct a roadway.
Overall: The overall project purpose is to complete a new 4-mile roadway that will connect Deen Still Road to Sand Mine Road and alleviate traffic congestion on US 27.
PROPOSED WORK: The applicant requests authorization to place clean fill material directly into 3.54 acres of aquatic resources. Additional impacts include secondary impacts to 0.80 acres of aquatic resources, and 0.23 acre of impact to aquatic resources associated with clearing activities for construction access. All impacts to aquatic resources (forested wetlands) are to facilitate the construction of a new roadway and associated stormwater management system.
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 applicant has evaluated alternative designs in an effort to avoid and minimize impacts to aquatic resources and will implement numerous best management practices (BMP’s) under the preferred design in order to avoid and/or minimize impacts to the aquatic environment.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Compensatory mitigation to offset the functional loss of wetlands in the impact areas will be provided in the form of credit purchase from a federally approved mitigation bank. Mitigation bank credits will be purchased from a permitted mitigation bank located within the impacted basin (i.e., Palatlakaha River Nested Basin). The total calculated functional loss resulting from the proposed impacts is 3.48 functional units. A credit reservation letter will be forwarded once the agencies have had an opportunity to review the UMAM scores and determine appropriate mitigation amounts for the project.
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, federally recognized tribes and other interested parties.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.
Table 1: ESA-listed species and/or critical habitat potentially present in the action area.
|
Species Common Name and/or Critical Habitat Name
|
Scientific Name |
Federal Status
|
|
Eastern Indigo Snake
|
Drymarchon corais couperi
|
Threatened
|
|
Sand Skink
|
Neoseps reynoldsi
|
Threatened
|
|
Wood Stork
|
Mycteria americana
|
Threatened
|
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The USACE is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by USACE.
This notice serves as request to the U.S. Fish and Wildlife Service 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.
The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). No EFH is present within the project area. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.
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 of 1899 (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: Water Quality Certification is required from the South Florida Water Management District. The project is being reviewed under SWFWMD ERP application no. 874232.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from WMD. 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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction 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. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). 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 May 8, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Mike Engelhardt at Michael.d.engelhardt@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Pittsburgh District, Attention: Col. Nicholas Melin, USACE – Pittsburgh District 1000 Liberty Avenue Pittsburgh, PA 15222. Please refer to the permit application number in your comments.
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.
CLICK HERE for Public Notice and Graphics: /Portals/44/docs/regulatory/Public Notices/2025 03 March/West/20250408-SAJ-2009-02082-Polk-0508-MDE.pdf?ver=033YArWLRDisGO94FBAvoQ%3d%3d