Jacksonville District Header Image

 

JACKSONVILLE DISTRICT

Home
Home > Missions > Regulatory > Public Notices

Public Notice Archive

Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

ATTACHMENTS


  Graphics
Bookmark and Share Email Print


SAJ-2017-02789 (SP-BJC)

Posted: 12/6/2017

Expiration date: 12/22/2017


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:
South Park Developers, LLC
C/o Mr. John Laga
22700 Royaltor Road
Strongville, OH 44149

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Hydrologic Unit Code 0308010203 (Lake Apopka). The project site is located at 1101, 1003, 920, 888, 810 Hull Island Drive and 920 and 921 Simeon Road, on the south side of Lake Apopka within, Section 19, Township 22 South, Range 27 East, Orange County, Florida.

Directions to the site are as follows: Florida Turnpike (SR 91) to State Road 50 (Clermont/272) exit, then west on SR 50 approximately ½ mile to Oakland Avenue (County Road 438), then north on Oakland Avenue approximately ½ mile to Simeon Road, then left on Simeon Road to Hull Island Drive. Site is approximately 1/3 mile north on Hull Island Drive.

APPROXIMATE CENTRAL COORDINATES:

Latitude 28.558414°
Longitude -81.648131°

PROJECT PURPOSE:

Basic: Housing development

Overall: Construction of a single-family residential development including associated access roads, recreation/open space areas, and stormwater management facilities in the western portion of Orange County.

EXISTING CONDITIONS: The Hull Island Site currently supports eight land use types/vegetative communities within its boundaries, including uplands, wetlands and surface waters. These land use types/vegetative communities were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, 1999) (Figure 5). On-site upland land use types/vegetative communities observed include Residential, Low Density (110), Open Land (190), Ornamentals (Nursery) (243), Upland Hardwood Forests (420) and Hardwood-Conifer Mixed (434). On-site wetland/surface water land use types/vegetative communities observed include Streams and Waterways (excavated canal) (510), Streams and Lake Swamps (Bottomland) (615) and Vegetated Non-Forested Wetland (640). The following provides a brief description of each of these on-site land use types/vegetative communities:

110 Residential, Low Density
The property includes five residential home sites which would best be classified as
Residential, Low Density (110), per the FLUCFCS. All five home sites are located in the southern portion of the site with access gained from Hull Island Drive, an earthen drive extending off of Hull Island Drive or Simeon Road. This land use type consists of land that is vegetated mostly with grasses, weedy plants and some scattered trees. Vegetative species observed within this community type included bahiagrass (Paspalum notatum), St. Augustine grass (Stenotaphrum secundatum), beggar ticks (Bidens alba), Virginia pepperweed (Lepidium virginicum), smutgrass (Sporobolus indicus), bitter sneezeweed (Helenium amarum), southern sida (Sida acuta), common ragweed (Ambrosia artemisiifolia), dogfennel (Eupatorium capillifolium), hairy indigo (Indigofera hirsuta), rattlebox (Sesbania punicea), American pokeweed (Phytolacca americana), American beautyberry (Callicarpa americana), and caesarweed (Urena lobata); with some scattered laurel oak (Quercus laurifolia), live oak (Quercus virginiana), southern magnolia (Magnolia grandiflora), camphor tree (Cinnamomum camphora), cabbage palm (Sabal palmetto), Chinese tallowtree (Sapium sebiferum), slash pine (Pinus elliottii) and various landscaping plants.

190 Open Land
Located within the northern and southern portions of the property are open areas used for a variety of purposes (residential, recreational and small-scale agricultural uses). These areas would best be classified as Open Land (190), per the FLUCFCS. Vegetative species observed within this community included bahiagrass (Paspalum notatum), St. Augustine grass (Stenotaphrum secundatum), beggar ticks (Bidens alba), Virginia pepperweed (Lepidium virginicum), smutgrass (Sporobolus indicus), bitter sneezeweed (Helenium amarum), southern sida (Sida acuta), lantana (Lantana camara), common ragweed (Ambrosia artemisiifolia), dogfennel (Eupatorium capillifolium), balsampear (Momordica charantia), hairy indigo (Indigofera hirsuta), rattlebox (Sesbania punicea), American pokeweed (Phytolacca americana), American beautyberry (Callicarpa americana), and caesarweed (Urena lobata); with some scattered laurel oak (Quercus laurifolia), live oak (Quercus virginiana), camphor tree (Cinnamomum camphora), cabbage palm (Sabal palmetto) and slash pine (Pinus elliottii).

243 Ornamentals (Nursery)
The northern portion of the property contains an active plant nursery which would best be classified as Ornamentals (Nursery) (243), per the FLUCFCS. Vegetative species observed within this land use area included bahiagrass (Paspalum notatum), beggar ticks (Bidens alba), Virginia pepperweed (Lepidium virginicum), smutgrass (Sporobolus indicus), bitter sneezeweed (Helenium amarum), southern sida (Sida acuta), common ragweed (Ambrosia artemisiifolia), dogfennel (Eupatorium capillifolium), hairy indigo (Indigofera hirsuta) and marsh pennywort (Hydrocotyle spp.).

420 Upland Hardwood Forests
Located within the southeastern portion of the property is a mixed hardwood forested community that is best classified as Upland Hardwood Forests (420), per the FLUCFCS. Vegetation observed within this community includes live oak (Quercus virginiana), laurel oak (Quercus laurifolia), Chinaberry (Melia azedarach), elderberry (Sambucus canadensis), persimmon (Diospyros virginiana), cabbage palm (Sabal palmetto), camphor tree (Cinnamomum camphora), pignut hickory (Carya glabra), citrus (Citrus spp.), tuberous sword fern (Nephrolepis cordifolia), caesarweed (Urena lobata), muscadine vine (Vitus spp.), greenbriar (Smilax spp.), Virginia creeper (Parthenocissus quinquefolia), air-potato (Dioscorea bulbifera), sawtooth blackberry (Rubus pensilvaticus), bracken fern (Pteridium aquilinum), American beautyberry (Callicarpa americana), American pokeweed (Phytolacca americana), and guineagrass (Urochloa maxima).

434 Hardwood-Conifer Mixed
The southwestern portion of the site contains upland forested areas which would best be classified as Hardwood-Conifer Mixed (434), per the FLUCFCS. Vegetative species observed within this community type included laurel oak (Quercus laurifolia), southern magnolia (Magnolia grandiflora), camphor tree (Cinnamomum camphora), cabbage palm (Sabal palmetto), slash pine (Pinus elliottii), American beautyberry (Callicarpa americana), saw palmetto (Serenoa repens), beggar ticks (Bidens alba), southern sida (Sida acuta), balsampear (Momordica charantia), American pokeweed (Phytolacca americana), caesarweed (Urena lobata), grapevine (Vitus spp.), greenbriar (Smilax spp.) and Virginia creeper (Parthenocissus quinquefolia).

Wetlands/Surface Waters:

510 Streams and Waterways (excavated canal) – SW-1
The central portion of the site includes canal system that appears to have been excavated between 1947 and 1958 (see attached historical aerial photographs). This system is hydrologically connected to Lake Apopka. This canal would best be classified as Streams and Waterways (Canal) (510), per the FLUCFCS. Vegetative species observed within this community type included cypress (Taxodium distichum), loblolly bay (Gordonia lasianthus), laurel oak (Quercus laurifolia), water oak (Quercus nigra), red maple (Acer redrum), cabbage palm (Sabal palmetto), slash pine (Pinus elliottii), pond pine (Pinus serotina), Chinese tallowtree (Sapium sebiferum), wax myrtle (Myrica cerifera) and Carolina willow (Salix caroliniana) along the edge of the canal with torpedograss (Panicum repens), marsh pennywort (Hydrocotyle spp.), duckweed (Lemna spp.), pickerelweed (Pontederia cordata), duck potato (Sagittaria latifolia), cattail (Typha spp.), and maidencane (Panicum hemitomon) within the canal.

615 Streams and Lake Swamps (Bottomland) – W-1 and W-2
The northern, eastern and western portions of the site include forested wetlands associated with Lake Apopka. These areas would best be classified as Streams and Lake Swamps (Bottomland) (615), per the FLUCFCS. Vegetative species observed within this community type included cypress (Taxodium distichum), loblolly bay (Gordonia lasianthus), laurel oak (Quercus laurifolia), water oak (Quercus nigra), red maple (Acer redrum), cabbage palm (Sabal palmetto), slash pine (Pinus elliottii), pond pine (Pinus serotina), loblolly bay (Gordonia lasianthus), Chinese tallowtree (Sapium sebiferum), saw palmetto (Serenoa repens), wax myrtle (Myrica cerifera), Carolina willow (Salix caroliniana), royal fern (Osmunda regalis), cinnamon fern (Osmunda cinnamomea), swamp fern (Blechnum serrulatum), tuberous sword fern (Nephrolepis cordifolia), air-potato (Dioscorea bulbifera), caesarweed (Urena lobata), grapevine (Vitus spp.), greenbriar (Smilax spp.) and Virginia creeper (Parthenocissus quinquefolia).

640 Vegetated Non-Forested Wetland – W-2 and W-3
Two (2) mostly herbaceous and shrub dominated wetland areas are located within the central southern portions of the site. The central area appears as a formerly disturbed area located adjoining the above noted canal and the Hull Island Drive right-of-way. This area appears to have historically been cleared/filled (spoil) in association with these adjoining man-made features. The southern area is an altered wetland system including a rim-ditched edge and an approximately 12” controlled outfall pipe. The pipe appears to have historically been installed in association with agricultural (drainage) and residential (access) uses in the area Based on our review of historical topographic maps for this site, it appears this system was connected to wetlands associated with Lake Apopka via ditching at one time. The ditching appears to have been removed in favor of a pipe at this time based on observations during our site visits. The areas would best be classified as Vegetated Non-Forested Wetland (640), per the FLUCFCS. Vegetative species observed within this community type included red maple (Acer redrum), cabbage palm (Sabal palmetto), loblolly bay (Gordonia lasianthus), Chinese tallowtree (Sapium sebiferumwax myrtle (Myrica cerifera), common buttonbush (Cephalanthus occidentalis), Carolina willow (Salix caroliniana), Peruvian primrosewillow (Ludwigia peruviana), swamp fern (Blechnum serrulatum), caesarweed (Urena lobata), grapevine (Vitus spp.), greenbriar (Smilax spp.), torpedograss (Panicum repens), marsh pennywort (Hydrocotyle spp.), duckweed (Lemna spp.), pickerelweed (Pontederia cordata), duck potato (Sagittaria latifolia), cattail (Typha spp.), bogbutton (Lachnocaulon beyrichianum), Carolina redroot (Lachnanthes caroliana), and maidencane (Panicum hemitomon).

PROPOSED WORK: The applicant seeks authorization to fill a total of 6.87 acres of waters of the United States (wetlands), for construction of a single-family development.

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 applicant has explored alternative site plans to achieve the desired project while attempting to minimize impact to higher quality wetlands. The limiting factors to site planning for this project include the overall size and configuration of the lands available to the applicant, the configuration and quality of on-site wetlands, both higher quality and previously altered, building and stormwater management requirements and other development regulations including access and zoning. The subject site consists of irregularly shaped upland areas with large areas covered by wetlands.

A majority of the dredge/fill impact area associated with W-3 is located in an area where exotic and nuisance species have encroached within a historically disturbed (drained/altered) system. It appears that W-3 was altered via historical rim ditching and drainage related to previous agricultural activities. During meetings between the project engineer and the St. Johns River Water Management District (SJRWMD), there were discussions regarding the viability to utilize W-3 for stormwater attenuation, since a majority of the basin area was in fact attenuated here in the pre-development condition. The initial stormwater analysis and geotechnical findings of the stability of the depression was provided to the District staff and they concurred that the area could be used for stormwater. They stipulated that if untreated water was directed to the system, it would be considered an impact requiring mitigation. So the original stormwater concept was to provide shallow pond areas to provide this treatment and avoid the impacts. However, upon receipt of a formal letter from the abutting property owner to the south, on whose land lies a small portion of W-3 (0.32-acre), the applicant had to ensure that no impacts to the existing control elevations nor design storm peak stages would occur as a result of the development. The only method to demonstrate such was to create additional storage in the side and bottom of the area, thus impacting the area anyway. Additionally, the use of the area as a stormwater pond necessitated the re-grading of the side slopes to provide slopes deemed acceptable by the SJRWMD and the Town of Oakland. These factors thus required the applicant to impact the entirety of the depressional area for the project.

The fill impact associated with W-2 is located within a portion of the overall system that appears to have previously been disturbed via excavation of the adjoining canal and the deposition of spoil material at this location. It also appears this area may have been impacted as part of the construction of Hull Island Drive, adjoining directly to the east. Based on the fact that historical alterations have occurred in this area, the fact that increased water quality treatment will be provided for run-off from this area in the post construction condition, and the need for the applicant to help justify development costs and project viability, it is believed the latest iteration of the plan has addressed avoidance and minimization of impacts at the site to an acceptable level. Further, preservation of the W-2 and W-3 impact areas was not deemed ecologically valuable when considering the mitigation being provided for the project.
To compensate for the functional loss realized (3.42 functional units based WRAP analysis attached with this submittal), the applicant is proposing to purchase mitigation credit from the Lake Louisa Mitigation Bank, a regionally significant bank in the service area for the subject property. The project’s participation in a regionally significant mitigation tract appears to far outweigh the ecological gain of preserving altered wetland areas adjacent to the development.”

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

“As noted above, the project proposes a total of 6.87 acres of direct wetland impacts (W-2 and W3) and 0.32 acres of indirect impact (off-site portion of W-3). The applicant proposes to provide mitigation for the 6.87 acres of direct impacts and 0.32 acres of off-site indirect impacts through the purchase of mitigation credit from the Lake Louisa Mitigation Bank. Based on BTC’s WRAP analysis, a total of 3.42 functional units will be required to compensate for the proposed impacts.”

CULTURAL RESOURCES:

The Corps is not aware of any known historic properties within the permit area, which is defined by the project boundaries. The Florida Master Site File database indicates a cultural resource assessment survey may be required within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES:

The Corps has determined the proposed project may affect the Eastern Indigo Snake (Drymarchon corais couperi). Based upon review of the Corps and Service’s Eastern Indigo Snake Programmatic Effect Determination Key (dated August 13, 2013), the proposed project resulted in the following sequential determination: A (The project is not located in open water or salt marsh.) >B (The permit will be conditioned for use of the Service’s standard Protection Measures for the Eastern Indigo snake during site preparation and protection construction.) >C (There are gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities) >D (The project will impact more than 25 acres of eastern indigo snake habitat) = may effect. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposed project may affect the Sand Skink (Neoseps reynoldsi). The site occurs within the USFWS Sand Skink Consultation area and contains uplands with the appropriate soil types for sank skink habitat. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood stork (Mycteria americana). The Corps completed an evaluation of the project based upon the US Fish and Wildlife Service (FWS) North Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (September 2008). Use of the Key for Wood Stork resulted in the following sequential determination: A (The project is more than 2,500 feet from a colony site.) > B (Project impacts SFH) >C (Impacts to SFH >0.5 acre) >D (Project impacts to SFH not within a Core Foraging Area of a colony site, and no wood storks have been documented foraging on site) = NLAA. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.

Based on existing habitat types, the Corps preliminarily determined the project will have no effect on Everglades Snail Kite (Rostrhamus sociabilis plumbeus) and Florida scrub jay (Aphelocoma coerulescens).

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 6.87 acres of freshwater wetlands which ultimately discharges to Lake Apopka. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the downstream waters. 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.

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.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926, within 21 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, Brandon Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at brandon.j.conroy@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (504) 321-3771 x11.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

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.

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.

Jacksonville District Orange County permit public notice U.S. Army Corps of Engineers USACE.