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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.

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SAJ-2017-03241 (SP-JCP)

Posted: 2/22/2018

Expiration date: 3/15/2018


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: Sanford Land Venture, LLC
Mr. Chuck Hollis
712 Ponca Trail
Maitland, FL 32715

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Lake Monroe – St. Johns River Hydrologic Basin (10-digit Hydrologic Unit Code (0308010113). This project is located north of Lake Mary Blvd. and west of US 17-92 in Lake Mary, Florida. The project is further located in Section 10, Township 20 South, Range 30 East, Seminole County, Florida.

Directions to the site are as follows: From the Central Florida Greenway (SR 417) and Lake Mary Blvd., take Lake Mary Blvd west. Site is located approximately 2 miles west of the Central Florida Greenway (SR 417) on the north side of Lake Mary Blvd.

APPROXIMATE CENTRAL COORDINATES:
Latitude 28.75768°
Longitude -81.30081°

PROJECT PURPOSE:

Basic: Student housing development.

Overall: Construct a student housing development in the vicinity of Seminole State College of Seminole County, Florida.

EXISTING CONDITIONS: This parcel is primarily a degraded wetland site with some mixed hardwoods and open land in the uplands on the east side of the site. There is an existing electrical power substation to the west and a powerline corridor. The following provides a brief description of the land use types/vegetative communities identified on the site based on the Florida Land Use, Cover and Forms Classification System, Level III (FLUCCS, FDOT, 1999):

190 - Open Land: There are two (2) non-forested areas in the northeast and southeast corners of the subject site. These areas are most consistent with the Open Land (190) FLUCCS classification. Vegetative species observed within this community type includes bahiagrass (Paspalum notatum), bermudagrass (Cynodon dactylon), Mexican clover (Richardia grandiflora), hairy indigo (Indigofera hirsuta), guineagrass (Panicum maximum), ragweed (Ambrosia artemisiifolia), and dogfennel (Eupatorium capillifolium).

438 - Mixed Hardwoods: A strip of forested uplands runs north-south along the eastern property boundary. This area is most consistent with the Mixed Hardwoods (438) FLUCCS classification. Vegetative species observed within this community type includes a canopy of chinaberry tree (Melia azedarach), Chinese tallowtree (Sapium sebiferum), camphortree (Cinnamomum camphora), common bamboo (Bambusa vulgaris), earpod tree (Enterolobium cyclocarpum), slash pine (Pinus elliottii), laurel oak (Quercus laurifolia), cabbage palm (Sabal palmetto), red cedar (Juniperus virginiana), southern magnolia (Magnolia grandiflora), and red maple (Acer rubrum). Groundcover consists of ragweed, winged sumac (Rhus copallinum), common persimmon (Diaspyros virginiana), dogfennel, air potato (Dioscorea bulbifera), pokeweed (Phytolacca americana), castorbean (Ricinus communis), eastern poison ivy (Toxicodendron radicans), lantana (Lantana camara), blackberry (Rubus pensilvanicus), elderberry (Sambucus canadensis), guineagrass, and balsam pear (Momordica charantia).

617 – Mixed Wetland Hardwoods
The majority of the site is comprised of a forested wetland system that extends off site to the north. This area is most consistent with the Mixed Wetland Hardwoods (617) FLUCCS classification. Vegetative species observed within this community type includes blackgum (Nyssa sylvatica), red maple (Acer rubrum), sweetbay (Magnolia virginiana), sweetgum (Liquidambar styraciflua), Carolina willow (Salix caroliniana), Peruvian primrosewillow (Ludwigia peruviana), earpod tree (Enterolobium cyclocarpum), netted chain fern (Woodwardia areolata), Virginia chain fern (Woodwardia virginica), cinnamon fern (Osmunda cinnamomea), air potato, blackberry, eastern poison ivy, elderberry, wild taro (Colocasia esculenta), and tuberous sword fern (Nephrolepis cordifolia).

PROPOSED WORK: The applicant seeks authorization to fill 7.68 acres of wetlands (waters of the U.S.) for the construction of the student housing development. This includes buildings, parking, and stormwater management.

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:

“We have avoided and minimized wetland impacts to the greatest extent possible. As a majority of the subject site is composed of wetlands (+/- 78%), wetland impacts are required to develop the project. Several design configurations were evaluated during the planning of the proposed development. Previous site plans explored the possibilities of relocating stormwater ponds and residential housing structures. However, it was determined that the current site plan was the only feasible plan that provides us with a financially viable project.”

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

“Mitigation to offset the functional loss incurred via the project’s direct and secondary wetland impacts consist of the purchase of credits from a federally approved mitigation bank. Based on BTC’s M-WRAP score, the project proposes to purchase 4.14 credits from the Colbert-Cameron Mitigation Bank.”

CULTURAL RESOURCES: The Corps is not aware of any known historic properties 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, but is not likely to adversely affect, the wood stork (Mycteria americana) and Eastern indigo snake (Drymarchon corais couperi).

Wood Stork
The proposed activity is within the Core Foraging Area (CFA) of a wood stork rookery; the project supports marginally Suitable Foraging Habitat (SFH) for wood stork. Based on the Effect Determination Key for the Wood Stork in Central and North Peninsular Florida (dated September 2008), the Corps’ determination sequence was A>B>C>D>E = “may affect but is not likely to adversely affect”. The determination is supported by SFH compensation provided within the service area of a mitigation bank, and provides an amount of habitat and foraging function equivalent to that of impacted SFH; and is not contrary to the Service’s “Habitat Management Guidelines for the Wood Stork in the Southeast Region”. No further consultation is required.

Eastern Indigo Snake
Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps determination sequence resulted in A>B>C = “may affect but is not likely to adversely affect”. This determination is based on the project not being located in open water, the applicant adhering to the “Standard Protection Measures for the Eastern Indigo Snake” (dated August 12, 2013) and the absence of gopher tortoise burrows, holes, and refugia within the work area where a snake could be buried or trapped and injured during project activities. No further consultation is required.

The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.

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. Our initial determination is that the proposed action would have no impact on EFH. 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 through the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 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, John Palmer, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926, by electronic mail at John.Palmer@usace.army.mil, by fax at (321) 504-3803, or by telephone at (321) 504-3771, extension 10.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

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 of 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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.

Jackskonville District permit public notice Seminole County US Army Corps of Engineers USACE