TO WHOM IT MAY CONCERN: This district 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: Meeks Forestras One, LLLC
6923 Narcoossee Road, Suite 603
Orlando, Florida 32822
WATERWAY & LOCATION: The proposed project is to impact approximately 1.23 acres of wetlands connected to East Lake Tohopekaliga for the construction of the Nar Vista Vehicle West Storage Facility. The project is situated on the west side of Narcoossee Road between Goldenrod Road and Lee Vista Boulevard in Section 23, Township 23 South, Range 30 East, Orange County, Florida.
Directions to the site are as follows: From Jacksonville, take I-95 south and exit onto State Road 528; head west and exit at Narcoossee Road and go north approximately 1.6 miles to the project site, located on the west side of the road.
APPROXIMATE CENTRAL COORDINATES
Latitude 28.4693 North
Longitude -81.2813 West
Overall: Construction of secure vehicle storage facility consisting of a vehicle storage building and an outdoor vehicle storage area for residents of central Orange County.
EXISTING CONDITIONS: The Nar Vista Vehicle West Storage Facility aka Narcoossee-Meeks Property currently supports five (5) land use types/vegetative communities based on the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 2004) (Figure 5). Pine – Mesic Oak (414) and Transmission Towers (821). Wetlands and surface waters are classified as Cypress (621), Wetland Forested Mixed (630), and Wet Prairies (643).
PROPOSED WORK: The applicant proposes to construct the Nar Vista Vehicle West Vehicle Storage Facility by filling approximately 1.23 acres of waters of the United States (wetlands).
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has provided the following information in regards to the on-site wetlands: Impacts to the project area’s wetlands/surface waters cannot be eliminated or reduced based upon engineering design constraints and site geometry. Due to the elevational requirements associated with the project’s stormwater design and outfall, the stormwater treatment pond is located at the site’s lowest elevation, within the western portion of the property. Further reduction of impacts to the adjacent W-1 were looked at by moving the stormwater pond to the east. However, due to the outfall control elevations and tailwater, the pond cannot be moved further west and impacts to W-1 have been minimized to only the outlying lobes. As it is, a long outfall pipe must extend into W-1 in order to provide sufficient design. Additionally, reductions were explored by narrowing the pond’s north-to-south dimensions. Unfortunately, this would require the lengthening of the pond and also adversely affects the pond’s treatment abilities due to its narrow constriction.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset the direct loss and secondary impacts to wetlands by the purchase of 0.67 federal credits from the TM-Econ 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: Using methodologies outlined in the Florida’s Fragile Wildlife (Wood, 2001); Measuring and Monitoring Biological Diversity Standard Methods for Mammals (Wilson, et al., 1996); Wildlife Methodology Guidelines (1988); and Florida Fish and Wildlife Conservation Commission’s (FFWCC) Gopher Tortoise Permitting Guidelines (April 2008 - revised February 2015); an assessment for “listed” floral and faunal species was conducted at the site on April 9, 14, & 22, 2015. This assessment, which covered approximately 100% of the subject site’s developable area, included both direct observations and indirect evidence, such as tracks, burrows, tree markings and birdcalls that indicated the presence of species observed. No federally listed species were observed on the property.
The property is located within the United States Fish and Wildlife Service’s (FWS) Consultation Area for the Everglades Snail Kite (Rostrhamus sociabilis plumbeus), Florida Scrub-jay (Aphelocoma coerulescens), Red Cockaded Woodpecker (Picoides borealis) and Sand Skink (Neoseps reynoldsi). Based on applicant’s wildlife surveys, habitat preferences for these species, location of the project site and surrounding development the Corps has determined that the project would have no effect on these species. Our final determination is subject to review by the FWS.
The Corps also completed an evaluation of the project based upon the September 2008 North Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (Mycteria americana). Use of the Key for the Wood Stork resulted in the following sequential determination: A (Project more than 2,500 feet from a colony site) >B (Project impacts SFH) >C (Project impacts to SFH >0.5 acres)>D (Impacts to SFH are within the CFA) > E(Project provides SFH compensation within the Service Area of a Service-approved wetland mitigation bank ) = Not Likely to Adversely Affect (NLAA). Based upon the NLAA determination for the Wood Stork no further coordination is required.
The Corps also completed an evaluation of the project based upon the August 13, 2013 updated addendum to the January 2010 North and South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Eastern Indigo Snake (Drymarchon corais couperi). Use of the Key for the Eastern Indigo Snake 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 project construction.) >C (There are no gopher tortoise burrows, hole, cavities, or other refugia where a snake could be buried or trapped and injured during project activities.) = (Not Likely to Adversely Affect (NLAA) with the applicant adherence to the standard protection measures for the Eastern Indigo Snake. Based upon the NLAA determination for the Eastern Indigo Snake no further coordination is required.
ESSENTIAL FISH HABITAT (EFH): The project involves impacts to freshwater forested wetlands within an interior county. A review of the National Marine Fisheries Service EFH Habitat Protection Mapper Web site the project does not occur in the vicinity of EFH designated by the South Atlantic Fishery Management Council of NMFS. The Corps has determined that the proposed project will not have an impact on EFH.
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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: The project is currently under review by the St. Johns River Water Management District and Orange County, Florida.
COMMENTS regarding the application should be submitted in writing to the District Engineer at the above address 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.
If you have any questions concerning this application, you may contact Jim Carr at the letterhead address, by electronic mail at firstname.lastname@example.org , or by telephone at 321-504-3771, extension 26.