SAJ-2017-02158 (SP-JLC)

TO WHOM IT MAY CONCERN: This district 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: Daniel Aronoff
Shingle Creek Industrial Park
UMAM, LLC
5607 Glenridge Drive, SE, Suite 200
Atlanta, Georgia 30342

WATERWAY & LOCATION: The proposed project is to fill 6.8 acres of wetlands for the construction of the Shingle Creek Industrial Park. The project is situated on the north side of Old Tampa Highway and the east side of Shingle Creek in Sections 30 & 31, Township 25 South, Range 29 East, Osceola County, Florida and will affect wetlands associated with Shingle Creek.

Directions to the site are as follows: From Jacksonville take I-95 south and exit onto Interstate 4 toward Orlando/Kissimmee. In Kissimmee take U.S. 192 east to North Hoagland Boulevard and go south to South Hoagland Boulevard and then take Greenskeep Drive south approximately 0.5 miles. Project site is situated west of the south end of Greenskeep Drive.

APPROXIMATE CENTRAL COORDINATES
Latitude 28.2741 North
Longitude -81.4476 West

PROJECT PURPOSE:

Basic: Industrial Development

Overall: A regional industrial facility for NW Osceola and SW Orange Counties.

EXISTING CONDITIONS: The Shingle Creek Industrial project site currently supports four (4) land use types/vegetative communities: Unimproved Pasture, Streams and Lake Swamps (Bottomland), Cypress and Vegetated Non-Forested Wetland
PROPOSED WORK: The proposed work will fill 6.77 acres of wetlands for the construction of the Shingle Creek Industrial Park.

AVOIDANCE AND MINIMIZATION INFORMATION: The proposed industrial park requires a large development footprint with sufficient access and easy ingress/egress for tractor trailer use. The proposed buildings and parking lots have been configured to promote access to Hoagland Boulevard extension which will bisect the property. The large warehouse building cannot be configured in a manner that eliminates wetland impacts. The need for two (2) entry points plus the overall size of the building led to the proposed footprint. Commercial building two (2) also requires an independent entrance and numerous parking spots to provide sufficient. In addition, the FDOT spacing requirements for entry locations required the ingress/egress to be located directly in front of Wetland 5. Based on the turn radius of the intended vehicles the Loading Area was brought in perpendicular to the entrance and behind the building. A previous iteration of the plan that flipped the Loading Area and access from the south and west side was eliminated as it became difficult for truck access. The proposed configuration minimized the potential conflict between personnel vehicles and service trucks by providing direct access to loading areas while still retaining sufficient access for cars. Based on the site configuration, intended use, and traffic management it is our position that the developed plan adequately demonstrates avoidance and minimization efforts to reduce wetland impacts. To avoid a duplication of stormwater ponds the applicant has reached out to Osceola County to create a single stormwater management pond. The expansion of the proposed pond prevents additional impacts by creating a single joint use pond and eliminating the need for additional ROW acquisition by both parties. The site plan was configured in such a manner that the stormwater ponds would act as a physical barrier and buffer between offsite wetland areas and the industrial park. The expansion of this pond will incur 3.35 acres of unavoidable wetland impacts.

COMPENSATORY MITIGATION: The applicant has indicated that the will provide mitigation for the proposed wetland impacts at a federally approved mitigation bank whose service area overlaps the project site.

CULTURAL RESOURCES: The Corps has reviewed the submitted Cultural Resources Assessment Survey and finds it complete and sufficient in accordance with Chapters 1a-46, Florida Administrative Code and with Federal regulation 36 CFR 800: Protection of Historic Properties. As a result of the survey no cultural resources were identified. This Corps office finds that the field strategy used for this project was sufficient. This Corps office concurs with the investigations recommendations and finds that the proposed project will have no effect on historic properties and no further work is required.

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), Crested Caracara (Caracara cheriway), Florida Grasshopper Sparrow (Ammodramus savannarum), Red Cockaded Woodpecker (Picoides borealis), Florida Scrub-jay (Aphelocoma coerulescens), Wood Stork (Mycteria americana) and Eastern Indigo Snake (Drymarchon corais couperi). Based on 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 Grasshopper Sparrow, Red Cockaded Woodpecker and Florida Scrub Jay. Our final determination is subject to review by the USFWS.

The Corps has made a determination that the project may affect, but is not likely to adversely affect the Crested Caracara (Caracara cheriway). This determination will be coordinated with the FWS by separate letter.

The Corps completed an evaluation of the project based upon the May 18, 2010 South Florida Ecological Services Field Offices (SFESO) Programmatic Concurrence for use with the Wood Stork. Use of the Key for the Wood Stork resulted in the following sequential determination: A (Project impacts suitable foraging habitat more than 0.47 miles from a colony site) >B (Project impacts more than 0.5 acres of SFH) >C (Project impacts to SFH within a CFA of a colony) > D (Project impacts to SFH have been avoided and minimized and compensation is proposed in accordance with the mitigation rule) = Not Likely to Adversely Affect (NLAA). Based upon the NLAA determination for the Wood Stork no further coordination is required.

The Corps completed an evaluation of the project based upon the August 1, 2017 Consultation Key for the Eastern Indigo Snake – Revised for projects occurring within the SFESO. 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. >C (The project will impact 25 acre or more of eastern indigo snake habitat) = May Affect. Based upon the May Affect determination the Corps will coordinated with the FWS by separate letter.

ESSENTIAL FISH HABITAT (EFH): The project involves impacts to freshwater wetlands and ditches in an interior county. A review of the National Marine Fisheries Service EFH Habitat Protection Mapper Web site reveals that 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 being reviewed 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.

If you have any questions concerning this application, you may contact 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.