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: Edgewater Property Holdings, LLC
doing business in Florida as Edgewater Property Florida Holdings, LLC
c/o Jordan Socaransky and Marc Porosoff
401 East Las Olas Boulevard, Suite 1870
Fort Lauderdale, Florida 33301
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Tohopekaliga (HUC 030901010400). The project site is located south of Canoe Creek Road, in Section 16, 17, 20, 21, 22, 27, 28, Township 26 South, Range 30 East, Osceola County, Florida.
Directions to the site are as follows: Take SR528 west to Florida's Turnpike south. Take exit 240 for Old Canoe Creek Road south to Canoe Creek Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.209943°
Longitude -81.315378 °
PROJECT PURPOSE:
Basic: The basic project purpose is mixed-use development with access to navigable waters.
Overall: The overall project purpose of is to develop a multi-phase, mixed-use development with open space, and recreational access to Lake Tohopekaliga that complies with the Osceola County East of Lake Toho Comprehensive Plan.
EXISTING CONDITIONS: The Edgewater project site currently supports fourteen (14) land use types/vegetative communities. These land use types/vegetative communities were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 2004):
211 Improved Pastures - The majority of the uplands onsite consists of improved pasture that is currently being utilized by cattle. The improved pasture is dominated by Bahia grass (Paspalum notatum) and carpet grass (Axonopus spp.), along with various other weeds and forbs such as dog fennel (Eupatorium capillifolium), goldenrod (Solidago sp.), soda apple (Solanum viarum) and rattle bush (Sesbania spp.).
221 Citrus Grove - The citrus grove is characterized by rows of dying or dead citrus trees with a groundcover of dog fennel, Bahia grass, white beggars tick (Bidens pilosa), ragweed (Ambrosia artemisiifolia), and Virginia pepperweed (Lepidium virginicum).
321 Palmetto Prairie - The palmetto prairies serve as unimproved pasture, as cattle have open access to these areas and regularly use them for grazing and cover. The vegetation within the palmetto prairie is dominated by saw palmetto (Serenoa repens), with a mixture of wire grass (Aristida stricta), gallberry (Ilex glabra), Nutall’s rhexia (Rhexia nutallii), scattered long leaf pine (Pinus palustris) and slash pine (Pinus elliottii).
441 Pine Flatwoods - The pine flatwoods community occurs in scattered areas throughout the property, generally in large tracts. The vegetative composition within the onsite pine flatwoods is very similar to that of the palmetto prairie, with the exception of the presence of a mature long leaf and slash pine canopy.
427 Live Oak - Several live oak hammocks were identified throughout the property. The canopy within the live oak consists of mature live oak and laurel oak. The shrub stratum/groundcover consisted of a mixture of saw palmetto, bracken fern (Pteridium aquilinum), grapevine, blackberry (Rubus spp.), cherry laurel (Prunus serotina), and greenbriar (Smilax spp.).
430 Mixed Hardwoods - Some scattered forested areas were classified as mixed hardwoods habitat. The canopy within the mixed hardwoods community consisted of mature live oak, and laurel oak. There was almost no shrub stratum or ground cover due to frequent use by cattle, as well as the shading affect from the dense canopy within the area.
434 Hardwood-Conifer Mixed - Areas of hardwood-conifer mixed found onsite consists of live oak, laurel oak (Quercus laurifolia), water oak (Quercus nigra), long leaf pine, slash pine, and loblolly pine (Pinus taeda), with no species being dominant. The shrub stratum/groundcover vegetation consisted of sparse clumps of saw palmetto, bracken fern (Pteridium aquilinum), grapevine, persimmon (Diospyros virginiana), and immature oaks.
510 Streams and Waterways - A network of ditches throughout the property. Vegetative species present within the canal, ditches, and swales includes pickerelweed (Pontederia cordata), alligator weed (Alternanthera philoxeroides), spatterdock (Nuphar advena), soft rush (Juncus effusus), smartweed (Polygonum punctatum), spikerush (Eleocharis sp.), marsh pennywort (Hydrocotyle umbellata), watergrass (Luziola sp.), lemon bacopa (Bacopa caroliniana), and torpedo grass (Panicum repens); with some wax myrtle (Myrica cerifera) and Brazilian pepper (Schinus terebinthifolia) present along the top of bank.
521 Lakes larger than 500 acres - The northwest corner of the site abuts Lake Tohopekaliga. Only a small portion of the shoreline of this 18,800+ acre lake falls within the site. Some of the vegetative species observed along the lake shoreline include pickerelweed (Pontederia cordata), arrowhead (Sagittaria lancifolia), cuban bulrush (Oxycaryum cubense), cattail (Typha latifolia), soft rush (Juncus effusus), smartweed (Polygonum punctatum), marsh pennywort (Hydrocotyle umbellata), watergrass (Luziola sp.), coinwort (Centella asiatica), spikerush (Eleocharis sp.), torpedo grass (Panicum repens), and maidencane (Panicum hemitomon).
524 Lakes less than 10 acres - Several upland excavated ponds are located throughout the subject property. These ponds were excavated in uplands as livestock watering ponds.
620 Coniferous Forest - Coniferous forest wetlands were identified throughout the subject property. The vegetative composition of the onsite cypresstlands was similar, consisting of a canopy dominated by bald cypress (Taxodium distichum) with scattered loblolly bay (Gordonia lasianthus). The understory consisted of a mixture of red bay (Persea borbonia), wax myrtle (Myrica cerifera), fetter bush (Lyonia lucida), and button bush (Cephalanthus occidentalis). The ground cover within the onsite cypress consisted of swamp fern (Blechnum serrulatum), cinnamon fern (Osmunda cinnamomea), netted chain fern (Woodwardia aereolata), and soft rush (Juncus effusus). Many of the onsite cypress wetlands show signs of reduced hydrology due to profile drainage from the numerous onsite ditches. This reduced hydrology was evidenced from the intrusion of exotic, upland and opportunistic vegetation such as grapevine (Vitis spp.), Caesar weed (Urena lobata), Brazilian pepper (Schinus terebinthifolius), Chinese tallow (Sapium sebiferum) and camphor tree (Cinnamomum camphora).
630 Wetland Forested Mixed – Two (2) forested wetlands within the southeastern portion of the subject property were classified as mixed wetland hardwoods. The vegetative composition within the mixed hardwood wetlands consists of cypress, silver maple (Acer saccharinum), red maple (Acer rubrum), blackgum (Nyssa sylvatica), loblolly bay and water oak (Quercus nigra). The shrub stratum and ground cover consists of immature bays, way myrtle, gallberry, cinnamon fern, and netted chain fern. The large mixed hardwoods wetland in the southeastern corner of the property is in very poor condition, showing significant signs of reduced hydrology and invasion by nuisance and exotic species.
640 Vegetated Non-Forested Wetlands - A number of shallow herbaceous wetlands are present throughout the site. The majority of these herbaceous wetlands are isolated, depressional systems, whose hydrology is provided by direct rainfall, runoff from adjacent uplands, and groundwater levels. The vegetative composition of the herbaceous wetlands was very similar, consisting of arrowhead (Sagittaria lancifolia), pickerel weed (Pontederia cordata), big carpet grass, southern carpet grass, soft rush, water hyssop (Bacopa monnieri), lemon bacopa (Bacopa caroliniana), watergrass (Hydrocloa caroliniana), pale meadow beauty (Rhexia mariana), flat sedge (Cyperus odoratus), bog button, sand weed, camphorweed, Tracy’s beak sedge (Rhyncospora tracyi), white star rush, road grass, rattle bush and mermaid weed (Proserpinaca palustris). The overall species composition varies slightly from wetland to wetland.
641 Freshwater Marshes - An area of freshwater marsh (641) was identified adjacent to Lake Tohopekaliga. The vegetation within the onsite freshwater marsh is similar to that within the onsite herbaceous wetlands. The hydrology within the onsite freshwater marsh is provided by the water levels within Lake Tohopekaliga, and these wetlands appear to fall below the 56.5 ft NGVD elevation of the Safe Development Line (SDL), and are likely considered sovereign lands by the State of Florida.
PROPOSED WORK: The applicant seeks authorization to dredge/discharge approximately 26.19 acres and 2,834 line feet of clean fill into wetlands and other surface waters of the United States for the construction of a mixed-use development and its associated infrastructure/storm water treatment ponds.
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 Edgewater Project site represents the eastern half of the Edgewater Ranch property. This 1,321.0-acre project site includes agricultural land such as improved pasture, sod farm, and unimproved pasture. The site is bordered on the east by the Florida Turnpike, and a portion of the western boundary abuts Lake Tohopekaliga.
Under the Osceola County East of Lake Toho Comprehensive Plan, the Edgewater Project site is intended for a mixed-use development.
Accordingly, the Edgewater Project has been designed as a mixed-use development that is primarily residential but also includes an urban center, neighborhood centers, open space, and stormwater ponds. The careful design and strategic placement of open space has allowed this large development to significantly limit dredge and fill impacts to onsite jurisdictional wetlands and surface waters.
It should be noted that Osceola County has shoreline setback requirements for Lake Tohopekaliga of 500-foot average and 250-foot minimum for all new residential structures. This design element has been accomplished on the site plan by placing stormwater ponds within the setback area. The lake access area with non-motorized boat launching facilities is a water-dependent activity that has been designed in accordance with recommendations found in the Florida Department of Environmental Protection (FDEP) document Canoe/Kayak Launch Sites and Accessibility. The lake access area includes a small (55’ x 48’) fill pad that will serve as the staging area and access point to the observation pier/kayak launch, as well as provide recreational amenities (picnic tables, bike rack, etc.) for residents.
Osceola County requires all developments within the East of Lake Toho plan area to consider future interconnectivity. The roadways required for this interconnectivity are depicted on the site plan in grayscale and labelled as ‘Offsite Improvements to be Permitted by Others.’” The Corps published a Public Notice on 5 January 2017 under SAJ-2016-02554 (SP-JSC) in order to seek public comment on these proposed roadways.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The Edgewater Project will directly impact 26.19 acres of dredge and fill impacts to onsite wetlands. The remaining onsite wetlands do not represent Waters of the United States.
The estimated functional losses associated with the 26.19 acres of proposed impacts were assessed utilizing the Uniform Mitigation Assessment Methodology (UMAM). The UMAM analysis determined that the proposed impacts would result in a functional loss of 11.50 functional units. Mitigation to offset the 11.50 units of functional loss will be provided through the purchase of 11.50 federal mitigation credits from Southport Ranch Mitigation Bank. A letter of reservation from Southport Ranch Mitigation Bank will be provided upon approval of the mitigation plan.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The Edgewater Project will directly impact 26.19 acres of dredge and fill impacts to onsite wetlands. The remaining onsite wetlands do not represent Waters of the United States.
The estimated functional losses associated with the 26.19 acres of proposed impacts were assessed utilizing the Uniform Mitigation Assessment Methodology (UMAM). The UMAM analysis determined that the proposed impacts would result in a functional loss of 11.50 functional units. Mitigation to offset the 11.50 units of functional loss will be provided through the purchase of 11.50 federal mitigation credits from Southport Ranch Mitigation Bank. A letter of reservation from Southport Ranch Mitigation Bank will be provided upon approval of the mitigation plan.”
CULTURAL RESOURCES:
The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES:
Option A: The Corps has determined the proposed project may affect, but is not likely to adversely affect the the Red-cockaded Woodpecker (Picoides borealis), Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), Everglades Snail Kite (Rostrhamus sociabilis plumbeus), Florida Scrub Jay (Aphelocoma coerulescens), and Wood Stork (Mycteria americana), and/or their designated critical habitat. 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.
Option B: The Corps has determined the proposal may affect the Eastern Indigo Snake (Drymarchon corais couperi), and/or its designated critical habitat. The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
Option C: The Corps has determined the proposal would have no effect on Florida Bonneted Bat (Eumops floridanus) and Audubon's Crested Caracara (Caracara cheriway) or their designated critical habitat. This determination is based on the results of species-specific surveys conducted by the Applicant.
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 proposed work would impact approximately 26.19 acres of forested and non-forested wetlands in addition to and 2,834 linear feet of surface waters utilized by various life stages of species. The Corps has determined that the proposed action would not have no effect on EFH or Federally managed fisheries within the Lake Tohopekaliga basin and no further coordination is required.
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/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 Cocoa Permits Section, 400 High Point Drive, 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, John Baehre, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida 32926, by electronic mail at John.M.Baehre@usace.army.mil or by telephone at (321)504-3771 extension 13.
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: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification may be required from the Florida Department of Environmental Protection and/or the South Florida Water Management District.
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.