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: Moss Park North
Picerne Development Corporation of Florida
C/o Stephen Novacki
247 North Westmonte Drive
Altamonte Springs, FL 32714
WATERWAY & LOCATION: The proposed project will fill 2.12 acres of wetlands connected to Lake Hart. The project is situated east of State Road 417 and on the north side of Moss Park Road in Sections 4 and 9, Township 24 South, Range 31 East, Orange County, Florida.
Directions to the site are as follows: From Jacksonville take I-95 south toward Cocoa and exit onto State Road 528 an then go west toward Orlando and exit onto State Road 417 south and then exit onto Moss Park Road and go east approximately 0.3 miles and the project will be on the north side of the road.
APPROXIMATE CENTRAL COORDINATES
Latitude 28.41859 North
Longitude -81.22293 West
PROJECT PURPOSE:
Basic: Multi-use Development
Overall: A mixed-use residential and commercial property along the Moss Park Road and Innovation Way intersection within close proximity to the future Orange County Public School.
EXISTING CONDITIONS: The 107.78 acre site consists of 59.19 acres of uplands and 48.59 acres of wetlands and supports five (5) land use types/vegetative communities. These land use types were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 1999). The on-site upland land use types/vegetative communities are classified as Improved Pasture (211) and Pine Flatwoods (411). The wetland/surface water land use types/vegetative communities found on the site are classified as Reservoir (530), Wetland Forested Mixed (630) and Vegetated Non- Forested Wetland (640).
PROPOSED WORK: The applicant proposes fill 2.12 acres of wetlands to develop the site for the Moss Park North multi-use development.
AVOIDANCE AND MINIMIZATION INFORMATION: The majority of the proposed wetland impacts are to low quality fringes that have been severely impacted by the livestock activities on the subject property. To minimize impacts to resources, the project design was modified several times so as to preserve the higher-functioning wetland areas and direct any unavoidable impacts to lower-quality wetlands and smaller wetlands that would be extremely difficult to maintain in any post-development setting. Focusing any unavoidable impacts are minimized in this manner because these lower-quality systems are typically difficult to maintain in the post-development condition. The small and isolated systems become land-locked within development and access for non-avian species is virtually eliminated. Additionally, smaller systems or systems with pre-development hydrology that is already impaired most often lose what remaining functional values exist after development of the surrounding areas.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset the direct loss of 2.12 acres of Corps jurisdictional wetlands: The purchase of 1.47 federal mitigation bank credits from the TM Econ Mitigation Bank residing within the Lake Hart drainage basin.
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 Everglades Snail Kite (Rostrhamus sociabilis plumbeus), Florida Scrub-jay (Aphelocoma coerulescens), Red Cockaded Woodpecker (Picoides borealis) and Crested Caracara (Caracara cheriway). 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 property is also located within the FWS consultation area for the Sand skink (Neosepes reynoldsi). The corps reviewed the project based on the FWS survey protocol for the Sand Skink. The property has elevations above 82 feet MSL and contains suitable soil types. The agent for the applicant conducted a “cursory survey” for the sand skink in March of 2017 and no sand skinks were observed. Based on this information the Corps has determined the project may affect but is not likely to adversely affect the Sand Skink. This determination will be coordinated with the FWS by separate letter.
The Corps also completed an evaluation of the project based upon the May 2010 South 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 impacts SFH at a location greater than 0.5 miles from colony site. > Project impact to SFH is less than 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 South Florida 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.
QUESTIONS concerning this application should be directed to the project manager, Jim Carr at the letterhead address, by electronic mail at james.l.carr@usace.army.mil , or by telephone at 321-504-3771, extension 26.
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.