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:
APPLICANTS: City of Kissimmee
401 N. Dyer Boulevard
Kissimmee, Florida 34741
Jr. Davis Construction Company, Inc.
210 S. Hoagland Boulevard
Kissimmee, Florida 34741
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Tohopekaliga. The project site is located at 440 S. Hoagland Boulevard, within Sections 19 and 30 Township 25 South, Range 29 East; Kissimmee, Osceola County, Florida.
Directions to the site are as follows: From the intersection of John Young Parkway and U.S. Highway 192 north of downtown Kissimmee, head west. Turn left onto Hoagland Boulevard. The property is located on Hoagland Boulevard immediately west of the Kissimmee Municipal Airport.
APPROXIMATE CENTRAL COORDINATES:
Basic: Commercial development
Overall: Reconfiguration of existing JR Davis Construction facility within Kissimmee, Florida.
EXISTING CONDITIONS: The onsite uplands consist of an existing construction business, and are completely paved/filled. The wetlands consists of hardwood forested wetland that have be severed from Shingle Creek Swamp through the installation of a utility easement along their western boundary.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material into 2.35 acres of water of the United States (wetlands) for the construction of access driveways and areas used for maneuvering and storing heavy equipment at the existing facility.
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: “Currently the only available, undeveloped areas to utilize for heavy equipment storage at the existing operational business consist of wetlands. This rectangular wetland area is located onsite, and is directly adjacent to two access locations (turn lanes and curb breaks) from the future Hoagland Boulevard. It is also the same geometric configuration as the areas that have been taken through eminent domain, and are currently utilized for equipment maneuvering and storage. Based on the above factors, the continued operation of this facility could not be achieved without the removal of the onsite wetland.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “Mitigation to offset the 0.91 units of functional loss will be provided through the purchase of 0.91 mitigation credit from an approved mitigation bank that provides service to this project site.”
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 Corps completed an evaluation of the project based U.S. Fish and Wildlife Service (USFWS) Programmatic Effect Determination key for the Eastern Indigo Snake (dated January 25, 2010 amended August 1, 2017). 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 Permit will be conditioned for use of the Service's most current guidance for Standard Protection Measures For The Eastern Indigo Snake (currently 2013) during site preparation and project construction) > C (The project will impact less than 25 acres of eastern indigo snake habitat) > D (The project has no known holes, cavities, active or inactive tortoise burrows, or other underground refugia) > E (Any permit will be conditioned such that all gopher tortoise burrows, active or inactive, will be excavated prior to site manipulation in the vicinity of the burrow. If an eastern 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 eastern indigo snake, no work will commence until the snake has vacated the vicinity of proposed work) = “not likely to adversely affect” (NLAA) for the Eastern Indigo snake. 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 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.
ESSENTIAL FISH HABITAT (EFH): The proposed work would have no effect to 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 not 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, 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, Andrew Phillips, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite, Cocoa, Florida 32926; by electronic mail at email@example.com; by facsimile transmission at (321)504-3803; or, by telephone at (321)504-3771 ex 14.
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.