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: Osceola County Board of County Commissioners
Attn: Linette Matheny
1 Courthouse Square, Suite 3100
Kissimmee, Florida 34741
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Shingle Creek. The proposed action includes two segments of Hoagland Blvd. Segment 2 is located immediately west of the Kissimmee Municipal Airport; along the eastern edge of the Shingle Creek Swamp; in Sections 19, 30, 31, and 32; Township 25 South; Range 29 East, Kissimmee, Osceola County, Florida.
Segment 3 is located on Old Pleasant Hill Road, immediately north of its intersection with South Orange Blossom Trail (Highway 17-92) to south of Old Tampa Highway, in Section 32, Township 25 South, Range 29 East, Kissimmee, Osceola County,
Directions to the site are as follows: From the intersection of the Florida Turnpike and Osceola Parkway, go west on Osceola Parkway to Orange Blossom Trail. Go left (south) on Orange Blossom Trail toward Kissimmee. Turn right on West Vine Street
(SR 192), left on Hoagland Boulevard, and continue south to 5th Street. The project begins at 5th Street and continues south along Shingle Creek Swamp to approximately 1,200 feet north of Shingle Creek.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.2825°
Basic: Capacity Improvement
Overall: The overall project purpose is improved transportation by widening Hoagland Boulevard and public safety by realigning the roadway.
EXISTING CONDITIONS: Within Segment 2, the upland impacts are to improved pasture, a city-owned maintenance facility, industrial areas, and a shooting range. Wetlands impacts include Mixed Wetland Hardwoods, Exotic Wetland Hardwoods, and Vegetated Non-Forested Wetlands.
Within Segment 3, the area south of Shingle Creek is completely developed. North of Shingle Creek, the road is bordered by development and improved pasture.
PROPOSED WORK: The applicant is seeking 10 year permits for the re-authorization of Department of the Army permits numbers SAJ-2009-01913 (Segment 2) and SAJ-2010-03198 (Segment 3).
SAJ-2009-01913 authorized the dredging and filling of 4.30 acres of wetlands for the widening of Hoagland Boulevard, Segment 2, from two-lanes to four-lanes. The roadways will also be realigned to improve safety. The project will include curbs, sidewalks, and a stormwater management system.
SAJ-2010-03198 authorized the dredging and filling of 0.98 acre of roadside swales and 0.17 acre of wetlands for the widening of Pleasant Hill Road between South Orange
Blossom Trail and Old Tampa Highway from two lanes to four lanes. A two-span bridge will be constructed next to the existing two-lane bridge over Shingle Creek to accommodate four lanes of traffic. The project includes a stormwater management system and pedestrian sidewalks.
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:
Segment 2 has been designed to occur mostly in uplands. The impacts to wetlands are to lobes and historically impacted areas. Segment 3 involves the widening of the existing roadway.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes the purchase of federally approved credits from the Reedy Creek 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.
Segments 2 and 3 were previously reviewed by the Florida Department of the State, Division of Historical Resources. By letter dated November 5, 2010, and November 23, 2010 respectively, the State Historic Preservation Officer indicated that based on their review of the Florida Master Site File that no historical properties are recorded within the project area. Because of the location and nature of the project, the SHPO noted that it is unlikely that historic properties will be affected.
ENDANGERED SPECIES: The Corps previously concluded the proposed work may affect, but is not likely to adversely affect the wood stork or the eastern indigo snakes. The determinations remain consistent with today’s methodologies. No coordination with U.S. Fish and Wildlife Service is required.
ESSENTIAL FISH HABITAT (EFH): The proposed work is not located within EFH. National Marine Fisheries Service (NMFS) previously reviewed the proposed action and concluded the proposed project would not occur in the vicinity of essential fish habitat designated by the South Atlantic Fishery Management Council or NMFS. The proposed actions will have no effect to EFH. No coordination with National Marine Fisheries Service is required.
NOTE: This public notice is being issued based on information furnished by the applicant. This information has 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: 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, Andrew Phillips, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at email@example.com; by facsimile transmission at (321) 504-3803 extension 14; or, by telephone at (321) 504- 3771 extension 14.
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.