Public Notice Notifications

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

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SAJ-2016-02893 (SP-JLC)

Published Feb. 8, 2017
Expiration date: 3/1/2017
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: Roan Waterbury
Orange County Capital Projects
400 East South Street, 5th Floor
Orlando, Florida 32801-3280

WATERWAY & LOCATION: The proposed project is to impact approximately 8 acres of wetlands connected to Reedy Creek for construction of the Jonathon Scott Pine Community Park. The project is situated north of the intersection of Reams Road and Summerlake Park Boulevard on the south side of Ficquette Road in Section 23, Township 23S, Range 27E, Orange County, Florida.

Directions to the site are as follows: From Jacksonville take I-95 south and exit onto Interstate 4 and proceed southwest to Orlando and exit onto State Road 50/Colonial Dive and head west to Winter Garden and turn south on Daniels Road. Continue on Daniels Road which turns into Winter Garden Vineland Road and then Ficquette Road. The project is situate approximately 6.5 miles south of State Road 50 on the south side of Ficquette Road.

Latitude 28.46489 North
Longitude -81.58887 West


Basic: Recreation

Overall: Multi-sport field recreational complex for western Orange County.

EXISTING CONDITIONS: The Orange County Jonathan Scott Pine Community Park is a 19.6 acre site consisting primarily of improved pasture with wetlands situated in the southeast and eastern portions of the property.
The improved pasture (211) is primarily Bahia grass (Paspalum notatum) with smooth rattlebox (Crotalaria sp.), tall elephants foot (Elephantopus elatus), and dogfennel (Eupatoriwn capillifolium). A small cattle watering pond (520) is situated at the edge of the pasture near the bay swamp. The bay swamp (611) occupies the east edge of the property and contains sweetbay (Magnolia virginiana), swamp tupelo (Nyssa sylvatica var. biflora), red maple (Acer rubrum), loblolly bay (Gordonia lasianthus) and slash pine (Pinus elliottii). Shrubs included wax myrtle (Myrica cerifera), fetterbush (Lyonia lucida), buttonbush (Cephalanthus occidentalis), and dahoon holly (Ilex cassine), along with cinnamon fern (Osmunda cinnamomea), swamp fern (Blechnum serrulatum), royal fern (Osmunda regalis), netted chain fern (Woodwardia areolata), and a variety of other wetland plant species. Between the upland pasture and bay swamp a freshwater marsh/wetland pasture (641B) consists of coinwort (Centella asiatica), bahia grass, soft rush, carpetgrass (Axonopus sp.), many spike flatsedge (Cyperus polystachyos var. texensis), and other wetland plant species. A small hydric pine flatwoods (625) is situated near the south east portion of the site is an area immediately east of the depression marsh and contains slash pine, cinnamon fern, Virginia chain fern (Woodwardia virginica) and a mix of other wetland plant species. The freshwater marsh depression (641A) along the south property line is characterized primarily by pickerelweed (Pontederia cordata), maidencane (Panicum hemitomon), and soft rush (Juncus effusus).

PROPOSED WORK: The applicant proposes to construct the Johnathan Scott Pine Community Park by filling 3.2 acres of Corps jurisdictional wetlands.

AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has provided the following information in regards to the on-site wetlands
1). The original Development Program of the community park included two lighted soccer fields, one future field, playground, picnic pavilions and approximately 250-300 parking spaces. Subsequently, Orange County Board of County Commissioners approved a joint use of this park with Orange County Public Schools to include a high school football field and other track and field sports facilities.
Once the wetland line had been established, a decision was made to substantially reduce the Development Program to avoid environmental impact on the wetland system and development cost. The current development program includes one soccer field and one football field with track and field facilities. Number of parking has been reduced to 205 spaces.
2). Sport Fields Design Modification. Standard soccer and football field specifications call for the field orientation in north-south direction. In order to conform to the shape of available upland area the field specifications were compromised. Both soccer and football fields were turned to more east-west orientation. This design evolution can be illustrated by comparing the current plan with the early site plans.
3). Integrity of Wetland: Consideration has been given not to encroach deeply into the wetland area. The current site layout shows impacts only at landward edges of wetlands rather than fragmenting the wetland associations into smaller irregular or disjunct areas. This effort helps protect the integrity of the remaining higher quality wetland. Most of the wetland impact is to wetlands formerly cleared as pasture; and, additionally, impacts to bayhead and higher quality marsh have been minimized.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset the direct loss of 3.2 acres of Corps jurisdictional wetlands: The purchase of 2.09 federal UMAM credits from the Southport Mitigation bank (SAJ 2009-01047).

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 applicant indicates numerous wildlife surveys were conducted between September 2014 and July 2016. No federally listed endangered or threatened species were observed. 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), 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) = 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 , or by telephone at 321-504-3771, extension 26.