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: Trilogy Land Holdings LLC & Legacy Land Partners LLC
C/o Curt Wilkinson
400 North Ashley Drive, Suite 2500
Tampa, Florida 33602
WATERWAY & LOCATION: The project is situated east of Michigan Avenue and south of Nolte Road, approximately 1.6 miles south of U.S. Highway 192 and the city of St. Cloud.
APPROXIMATE CENTRAL COORDINATES
Latitude 28.2176 º
Longitude -81.2731 º
PROJECT PURPOSE:
Basic: Residential
Overall: Residential housing in the St. Cloud area.
EXISTING CONDITIONS: The onsite land uses and vegetative community types were classified according to the Florida Land Use, Cover and Forms Classification System (FLUCFCS).
211 – Improved Pasture: Approximately 43.58 acres of the subject property were classified as improved pasture. These pastures support a low groundcover that is dominated almost exclusively by Bahia grass (Paspalum notatum). Secondary species include pennywort (Hydrocotyle umbellata), dog fennel (Eupatorium capillifolium), horrible thistle (Cirsium horridulum), beggar ticks (Bidens alba), and various other grasses and weeds.
411 – Pine Flatwoods: This forested upland plant community comprises approximately
36.99 acres of the subject property. These areas are characterized by a mature canopy of longleaf pine (Pinus palustris) and slash pine (Pinus elliottii), with a dense saw palmetto (Serenoa repens) shrub layer. Other plant species include live oak (Quercus virginiana), sand live oak (Quercus geminata), gallberry (Ilex glabra), tarflower (Bejaria racemosa), grapevine (Vitis rotunidifolia), greenbriar (Smilax spp.), wire grass (Aristida stricta), wax myrtle (Myrica cerifera), and various other native species.
621 – Cypress: Cypress wetlands represent the dominant onsite plant community type, comprising 46.62 acres of the onsite area. The canopy within this plant community is dominated by mature pond cypress (Taxodium ascendens). Secondary tree species include red maple (Acer rubrum), sweet bay (Magnolia virginiana), red bay (Persea borbonia), and in some places, camphor (Cinnamomum camphora). Understory species include wax myrtle (Myrica cerifera), swamp fern (Blechnum serrulatum), cinnamon fern (Osmunda cinnamomea), Florida royal fern (Osmunda regalis), and various other wetland shrubs. The cypress domes contain very little understory, but instead has a groundcover of pine needles and leaf litter.
643 – Wet Prairies: Approximately 4.95 acres of the property were classified as this non- forested wetland community type. These areas are characterized by a groundcover including torpedo grass (Panicum repens), blue maidencane (Amphicarpum muhlenbergianum), chalky bluestem (Andropogon capillipes), carpet grass (Axonopus furcatus), beaked sedge (Rhynchospora sp.), pennywort, soft rush (Juncus effusus), and various other grazed grasses and sedges. The extreme northern portion of this plant community contains some pond cypress as well.
510 – Ditch: A 0.20-acre manmade ditch provides drainage from the onsite cypress dome to the perimeter cypress swamp. This ditch contains steep, high side slopes and supports Peruvian primrose willow (Ludwigia repens), Cuban bulrush (Oxycaryum cubense), and wax myrtle.
530 – Reservoirs: Two manmade cattle ponds occur in the vicinity of the onsite cypress dome. These excavated ponds support no vegetation due to heavy utilization by cattle.
PROPOSED WORK: The proposed project will impact 4.97 acres of waters (wetlands, surface waters and ditches) of the U.S. for the construction of Phases 3B, 4 and 5 of the Southern Pines residential development.
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant has provided the following information in regards to the on-site wetlands: The master site plan for the Southern Pines community, specifically Phases 3B, 4, and 5, was carefully designed to minimize impacts to wetlands to the greatest extent practicable. Road access was designed to utilize existing wetland crossings in order to reduce impacts associated with the road network. However, minor impacts to the adjacent wetlands at these locations was unavoidable due to the width of the existing filled crossings. The majority of the impacts associated with these current phases of development will occur to low-quality wet pastures that are actively managed and grazed by cattle. Portions of these wetlands, particularly impact area W1b, support a dominance of exotic plant species (i.e., torpedo grass), and are heavily grazed and utilized by cattle. The site plan for Phases 3B, 4, and 5 was designed to avoid impacts to the onsite (and offsite) cypress systems (with the exception of the road crossings). The current layout is consistent with the layout approved by SAJ-2002-01260 with one exception. A third road crossing was originally included in the design of the internal road network. This impact would have resulted in an additional wetland crossing, and further impacts to higher quality forested systems. This impact was removed from the current site plan in order to minimize impacts to the large forested wetlands.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset the direct loss of 4.61 acres of Corps jurisdictional wetlands: The purchase of 1.46 herbaceous federal WRAP credits from the Florida Mitigation Bank and 0.72 forested federal credits from the Reedy Creek Mitigation Bank.
CULTURAL RESOURCES: Based on a letter from the State of Florida Historic Preservation Officer dated April 24, 2013, the proposed project is not likely to have an effect on historic properties, provided that the applicant makes contingency plans in the case of fortuitous finds or unexpected discoveries during ground disturbing activities within the project area. Based on this information 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 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), Grasshopper Sparrow (Ammodramus savannarum), Crested Caracara (Caracara cheriway), Red Cockaded Woodpecker (Picoides borealis), Eastern Indigo Snake (Drymarchon corais couperi) and Wood Stork (Mycteria Americana). Based on applicant’s wildlife surveys, habitat preferences, location of the project site and surrounding development the Corps has determined that the project would have no effect on the Everglades Snail Kite, Florida Scrub Jay, Grasshopper Sparrow and Red Cockaded Woodpecker. Our final determination is subject to review by the FWS.
The Corps reviewed the project based on the FWS survey protocol for the Crested Caracara. The property contains open pasture areas which are considered suitable habitat for the Caracara. Informal review of the project site and potential nest trees indicate no Caracara nest are present; however a nest survey conducted in accordance with the FWS survey protocol was not conducted. Based on this information the Corps has determined the project may affect but is not likely to adversely affect the Caracara. This determination will be coordinated with the FWS by separate letter.
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 project construction.) >C (There are gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities.) > D (The project will impact less than 25 acres of xeric habitat (scrub, sandhill, or scrubby flatwoods) or less than 25 active and inactive gopher tortoise.)> E (Any permit will be conditioned such that all gopher tortoise burrows, active or inactive, will be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed work) = 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 18 May 2010 USFWS, South 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 (The project impacts Suitable Foraging Habitat (SFH) greater than 0.47 miles from a colony site> B (Project impacts to SFH are > than one half acre.) > C (Project impacts to SFH within 18.6 miles of colony site) > E (Project provides SFH compensation) = Not Likely to Adversely Affect. Based upon the NLAA determination for the Wood Stork no further coordination is required.
ESSENTIAL FISH HABITAT (EFH): The project involves impacts to freshwater forested and herbaceous 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 Osceola County.
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.