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-2017-02638 (SP-JLC)

Published Nov. 8, 2017
Expiration date: 11/27/2017
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:

Dr. Phillips Community Park
Orange County
400 East South Street
Orlando, Florida 32801

WATERWAY & LOCATION: The proposed project is situated west of Interstate 4 and east of South Apopka Vineland Road at the south end of Dr. Phillips Community Park in Section 11 and 14, Township 24 South, Range 28 east, Orange County, Florida.

Directions to the site are as follows: From Jacksonville take I-95 south and exit onto Interstate 4 to Orlando. In Orlando exit onto West Sand Lake Road and go west to South Apopka Vineland Road and then go south to Buenavista Woods Blvd and go east to the entrance road to Dr. Phillips Park. The project is situated in the southeast corner of the park.

Latitude 29.40585 North
Longitude -81.48823 West


Basic: Recreation

Overall: Park Expansion

EXISTING CONDITIONS: The north portion of Dr. Phillips Community Park consists of approximately 20 acres of sand pine scrub community with hiking trails and the south part of the park is approximately 23 acres and contains roadways, parking areas, stormwater pond, ball fields, dog park, picnic areas, and playgrounds. The new southeast addition is approximately 5 acres and consists of wetland forest mixed, upland hardwoods, ditches and disturbed lands.

PROPOSED WORK: The applicant proposes to expand the Dr. Phillips Community Park by filling 1.93 acres of wetlands for the construction of two baseball fields, one softball field, new concession buildings, batting cages and enlarging the dog park.

AVOIDANCE AND MINIMIZATION INFORMATION: No other site has been considered for the ball fields as the donation parcel has been provided specifically for that use, according to the Donation Agreement associated with the tract, and development of other native lands onsite is not considered as an option due to their sensitive nature. Based on the Agreement and an effort to retain the previously permitted dog park, no design modification were possible to minimize wetland impacts within the donation tract.

COMPENSATORY MITIGATION: The applicant has proposed the purchase of 1.16 forested mitigation credits from the Reedy Creek mitigation Bank.

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, Crested Caracara(Caracara cheriway), Everglades Snail Kite (Rostrhamus sociabilis plumbeus), Red Cockaded Woodpecker(Picoides borealis), Sand Skink (Neoseps reynoldsi), Florida Scrub-jay (Aphelocoma coerulescens), Eastern Indigo Snake (Drymarchon corais couperi) and Wood Stork (Mycteria americana). 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 as proposed would have no effect on the Crested Caracara, Snail Kite, Sand Skink, Scrub Jay and Red Cockaded Woodpecker due to lack of habitat. Our final determination is subject to review by the FWS.

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 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.

The Corps also completed an evaluation of the project based upon the September 2008 Central and North Peninsular 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 more than 2,500 feet from a colony site) >B (Project impacts SFH) > C (Project impacts to SFH are less than 0.5 acres) = NLAA. Upon Corps receipt of a general concurrence issued by the Jacksonville Ecological Services Field Office (JAFL) through the Programmatic Concurrence on this key, “NLAA” determinations for projects made pursuant to this key require no further consultation with the JAFL.

ESSENTIAL FISH HABITAT (EFH): The project involves impacts to an inland freshwater 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.

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 , 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.