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: Blackfin Partners Investments, Inc.
4440 PGA Boulevard, Suite 600
Palm Beach Gardens, Florida 33410
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the East Lake Tohopekaliga. The project site is located the southwest corner of the intersection of Tyson Road and Narcoossee Road, in Section 30, Township 24 South, Range 31 East, Orlando, Orange County, Florida.
Directions to the site are as follows: From the intersection of State Road 417 and Narcoossee Road proceed south on Narcoossee Road. The project site is located the southwest corner of the intersection of Tyson Road and Narcoossee Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.3770
Basic: Commercial Development
Overall: The construction of a commercial development within the Lake Nona area with direct access to Narcoossee Road.
EXISTING CONDITIONS: The project area consists of a former tree farm, freshwater forested wetland, canal and an existing cell tower. The surrounding uses include Lake Nona High School to the north, wetland conservation to the west, the Lake Nona Gateway office building and wetland conservation to the south, and Eagle Creek single family residential neighborhood and golf course to the east.
Vegetation observed within the forested wetland included cypress, slash pine, primrose willow, royal fern, chain fern, hemp vine, Florida grape vine, cinnamon fern, swamp bay, dahoon holly, wax myrtle, red maple (Acer rubrum) and stagger bush.
Vegetation observed within the surface water boundaries included pickerel weed, baby tears, primrose willow, cattails, maidencane, royal fern, chain fern, hempvine, cinnamon fern, torpedo grass, umbrella sedge and duckweed.
PROPOSED WORK: The applicant seeks authorization to dredge and fill 2.31 acres of wetlands and waters to construct a commercial development.
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 project has gone through many design changes to avoid and minimize wetland impacts while accommodating local development codes and the required development program. The current plan is also incorporating a retaining wall adjacent to the development footprint instead of a fill slope. The plan revisions have also made the proposed impact area more compact instead of spread out over a larger area along the development edge.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to purchase federally approved mitigation bank credits.
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 property is located within the United States Fish and Wildlife Service’s (FWS) Consultation Area for the eastern indigo snake, wood stork, Florida scrub-jay, Audubon’s crested caracara, Everglades snail kite, red cockaded woodpecker, and sand skinks. The proposed work area does not contain habitat suitable for the Florida scrub-jay, Audubon’s crested caracara, Everglades snail kite, red cockaded woodpecker, or sand skinks and none of these species were observed within the proposed project area. The Corps has determined the proposed project would have no effect to Florida scrub-jay, Audubon’s crested caracara, Everglades snail kite, red cockaded woodpecker, or sand skinks.
The Corps 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. 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 protection construction.) >C (There are no gopher tortoise burrows, holes, 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.
The Corps completed an evaluation of the project based upon the September 2008 North and Central Peninsular Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork. Use of the Key for the Wood Stork resulted in the following sequential determination: A (Project is more than 2500 feet from a colony site.) > B (Project impacts SFH) >C (Impacts to SFH are greater than 0.5 acres) >D (Project impacts to SFH are within a Core Foraging Area.) >E (Project provides SFH compensation within the Service Area of a Service-approved wetland mitigation bank.) = NLAA. Based upon the NLAA determination for the wood stork no further coordination is required.
ESSENTIAL FISH HABITAT (EFH): The project is in the upper reaches of an inland freshwater system in Osceola County, Florida with no known essential marine fish habitat present. A review of the National Marine Fisheries Service (NMFS) website does not indicate the presence of EFH within the project site. The proposed work would have no effect to 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 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; 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.