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
C/o Linette Matheny
1 Courthouse Square, Suite 3100
Kissimmee, FL 34741
WATERWAY AND LOCATION: The Shady Lane Widening and Extension project would affect waters of the United States associated with the Lake Tohopekaliga Hydrologic Unit (Hydrologic Unit Code 0309010104). The project site is located west of the Turnpike, on the north side of Neptune Road between Lake Tohopekaliga and East Lake Tohopekaliga, within Sections 30 and 31, Township 25 South, Range 30 East, Osceola County, Florida.
Directions to the site are as follows: From FL Turnpike South, take exit 244 onto Shady Lane. Continue on Shady Lane straight through the intersection of US-192 to the dead end of Shady Lane at Partin Settlement Road. The entrance gate will be straight ahead on the south side of Partin Settlement Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.2755°
Longitude -81.3558°
PROJECT PURPOSE:
Basic: Road construction
Overall: Construct a road to provide increased connectivity and mobility between future development south of Neptune Road and the surrounding area, including easy access to US 192 and the Florida Turnpike.
EXISTING CONDITIONS:
The Shady Lane widening and extension project site supports three land use type/vegetative communities (see attached Figure 5), as classified by the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 1999). The uplands on the subject property consist of Improved Pasture (211). The wetlands and surface waters, totaling 4.83 acres, include Streams and Waterways (ditches-510) and Vegetated Non-forested Wetlands (640).
Wetland impact area W1, north of the Fish Lake Canal, is a total of 3.39 acres to waters of the U.S (WoUS). This area is classified as improved pasture which is utilized for grazing by cattle. The wetland area consists mainly of grass with no other herbaceous vegetation present. Fish Lake Canal, located directly to the south, has altered the natural hydrology of this pasture wetland.
Wetland impact area W2, south of the Fish Lake Canal, is a total of 1.21 acres of WoUS. This area is classified as vegetated non-forest wetlands. The wetland area exhibits altered hydrology as a result of Fish Lake Canal to the north and ditching to the south running parallel to Neptune Road. The wetland area consists mainly of grasses. This area differs from the pasture area to the north side of Fish Lake Canal as it contains more diverse vegetative species.
Surface water impact SW1 accommodates the roadway footprint over Fish Lake Canal which totals approximately 0.23 acres to WoUS. Fish Lake Canal connects Fish Lake to Lake Tohopekaliga and the length of canal between Lake Tohopekaliga and Neptune Road is called Partin Canal.
PROPOSED WORK: The applicant seeks authorization to fill 4.83 acres of WoUS (4.60 acres of wetlands and 0.23 acres of surface waters) for the proposed extension of Shady Lane.
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 proposed site plan includes impacts to ACOE jurisdictional wetlands/surface waters on the subject site. The footprint of the proposed roadway extension is necessary for the establishment of the extension of Shady Lane between Partin Settlement Road and Neptune Road. Elimination and reduction of impacts is addressed through the site design, which has taken into account the wetland locations while retaining the necessary regulated design standards for the roadway. The stormwater requirements for the roadway were redesigned from the original proposed concept which would have impacted additional wetland area due to a less efficient stormwater pond configuration. The previous iteration of the plan also included splitting up the stormwater footprint into separate ponds, which would have increased the total impact acreage from what is currently proposed. By focusing the design of the stormwater requirement into one (1) pond, the proposed design lessens the overall wetland impact footprint and directs impact to the low quality improved pasture wetland area. The natural topography and water flow associated with the project landscape encouraged the proposed stormwater pond configuration.
The proposed design directs impact to the improved pasture wetland containing mainly grasses and this area is of low quality and functionality. The W1 impact area lacks vegetative cover or hydrologic functionality. Additionally, the area has been hydrologically altered by Fish Lake Canal abutting the wetland to the south. Due to the overall condition, quality and degree of past hydrologic disturbance, the applicant is proposing that greater ecological value could be provided in the form of preservation of higher quality wetlands at a mitigation bank.
The engineering design for the roadway was guided by several factors which included minimum design standards with regards to roadway speeds in excess of 40mph, minimum degree/radius of curvature, and cross-section correlation with regards to Neptune Road and Partin Settlement Road. To meet the roadway design standard for the roadway and carry traffic at speeds over 40mph and above, there was no other design and orientation which would meet the minimum design standards whilst maintaining direct access from existing roads. Curve radii also determined the orientation and the integration into existing Shady Lane in the north and proposed Cross-Prairie Parkway on the west side of Neptune Road. As such, we believe the applicant has adequately addressed avoidance and minimization of wetland impacts for the proposed project based upon the site specific factors as they relate to the development of a roadway at the proposed scale and location.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant proposes to mitigate the impacts to the on-site ACOE jurisdictional wetlands and surface waters through the purchase of off-site federal herbaceous mitigation credits.”
CULTURAL RESOURCES:
The Corps is not aware of any known historic properties within the permit area, which is defined by the project boundaries. The Florida Master Site File database indicates a cultural resource assessment survey may be required 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 Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork and its designated critical habitat. Based on the Effect Determination Key for the Wood Stork in South Peninsular Florida (dated May 2010), the Corps determination sequence is as follows: A (Project impacts SFH at a location greater than 0.47 miles from a colony site) > B (Project impact to SFH is greater in scope than 0.5 acres > C Project impacts to SFH within the CFA of a colony site > E The project provides SFH compensation within the CFA consisting of enhancement, restoration or creation (and federal mitigation bank credits) that provides an amount of habitat and foraging function equivalent to that of the impacted SFH; in accordance with the Clean Water Act section 404(b)(1) guidelines, and is not contrary to the habitat management guidelines. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination key.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake and its designated critical habitat. Based upon review of the Corps and Service’s Eastern Indigo Snake Programmatic Effect Determination Key (dated August 1, 2017), the proposed project 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 (The project will impact less than 25 acres of eastern indigo snake habitat) > D (The project has known holes, cavities, active or inactive gopher tortoise burrows, or other underground refugia where a snake could be buried, trapped and/or injured during project activites) >E (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) = “not likely to adversely affect” for the Eastern indigo snake. The permit will be conditioned with the Standard Construction Guidelines for the Eastern Indigo Snake. No further consultation was required.
Based on existing habitat types, the Corps preliminarily determined the project will have no effect on red-cockaded woodpecker (Leuconotopicus borealis), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Everglades Snail Kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Polyborus plancus audubonii) and Florida scrub jay (Aphelocoma coerulescens).
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 4.60 acres of freshwater wetlands which ultimately discharge to Lake Tohopekaliga. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the downstream waters. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.
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: 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, Brandon Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at brandon.j.conroy@usace.army.mil; by facsimile transmission at (321) 504-3803; or, by telephone at (504) 321-3771 x11.
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.