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.

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.

SAJ-2017-00682 (SP-JLC)

Published April 20, 2017
Expiration date: 5/5/2017

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: City of Clermont
c/o James Kinzler, Director
Capital Planning, Grants and Projects
685 W. Montrose Street
Clermont, FL 34711

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Minneola. The project site is located in freshwater wetlands south of Lake Minneola, west of West Ave and north and south of W Minneola Ave, in Section 24, Township 22 South, Range 25 East, in Clermont, Lake County, Florida.

Directions to the site are as follows: From FL-50 W, turn right onto 12th Street. Turn right onto W Minneola Ave. The project site is approximately 0.2 mile east of the intersection of 12th Street and W Minneola Ave.

Latitude: 28.556350°
Longitude: -81.772270°


Basic: Stormwater treatment facility and park amenities.
Overall: Creation of a regional stormwater facility to improve water quality entering Lake Minneola, and creation of a park and event space for the community of Clermont.

EXISTING CONDITIONS: The Victory Pointe project area covers approximately 8.4 acres, of which 54% is comprised by existing roadways, upland hardwood forest, paved parking, and open herbaceous fields. The project area contains a 3.85 acre freshwater wetland which is bisected by W Minneola Ave, but hydrologically connected with a culvert under the roadway. The wetland was originally a sinkhole lake, but has gone through succession and impact by surrounding development, and now exhibits the characteristics of a nuisance shrub wetland. The vegetation consists of Carolina willow, Peruvian primrose willow, and elderberry, with cattail, creeping oxtail, Mexican petunia, swamp fern, duckweed, and water spangles. These wetlands receive surface water runoff from the adjacent roads and parcels. The existing area surrounding the project area consists of lumber yards, residential development, roadways, and recreational trail and boat ramp at Lake Minneola, approximately 250 feet to the north.

PROPOSED WORK: The applicant seeks authorization to convert 3.85 acres of wetlands into a regional stormwater management system, including a 0.048 outfall connection in Lake Minneola. The surface water management treatment facility will include a multi-level marsh system to provide physical and biological treatment to the surface water runoff before the treated water is discharged to Lake Minneola. The applicant also intends to create an educational and recreational facility associated with this regional stormwater system. In order to transform the project area into a park space for triathlons and other events, the applicant also proposes 0.14 acre of impact in Lake Minneola for the removal of the existing concrete boat ramp facility, which will be regraded and replanted with native vegetation. The applicant also proposes to perform herbicide treatment of exotic vegetation over 0.61 acre of lake shoreline.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following statement in support of efforts to avoid and/or minimize impacts to the aquatic environment: “The project parcel was selected by the applicant and the project engineer as it is the naturally occurring low area in the drainage basin, and therefore would be best suited for surface water runoff from the surrounding lands. Other low areas within the drainage basin that could have potentially been substituted for the selected site were under private ownership and/or were of higher ecological value. The proposed site offers the best available alternative within the parameters set for the project. Wetlands 1 and 2 represent the vast majority of the project impacts and these two wetlands are of very poor quality and show signs of past dumping of trash and debris.

Given that part of the purpose of the project is to restore a more suitable and native plant community to West Lake, avoidance and minimization of impacts to wetlands and surface waters is difficult. However, as noted above, the wetland and surface waters associated with West Lake are severely degraded, and the proposed wetland community, although part of a surface water management system, will be of higher quality and offer better wildlife habitat than what currently exists on the site.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant intends to purchase federal credits from the Hammock Lake Mitigation Bank.

CULTURAL RESOURCES: The Corps is aware of historic properties in the vicinity of the permit area, but has determined the project is not likely to have an effect on historic properties. 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 is “not likely to adversely affect” (NLAA) the endangered wood stork (Mycteria americana). The Corps has programmatic concurrence with the sequential determination of A > B > C > D > NLAA pursuant to the 2008 Wood Stork Key in Central and North Peninsular Florida. No further coordination is required.

The Corps has determined the proposed project is “not likely to adversely affect” (NLAA) the eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Programmatic Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps has programmatic concurrence with the sequential determination of A > B > C > NLAA. No further coordination is required.

ESSENTIAL FISH HABITAT (EFH): The project would affect freshwater systems and would not affect 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 not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification is required. The project is under review at the St. John’s River Water Management District.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610 within 15 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, Jessica Cordwell, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120 Tampa, Florida 33610, by telephone at (813)769-7067, by fax at (813)769-7061, or by electronic mail at

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, aesthetics, 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.

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.