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SAJ-2020-03435 (SP-BJC)

Jacksonville District
Published Feb. 12, 2021
Expiration date: 3/5/2021

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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT:  Tavistock East Services, LLC

                        c/o Mr. James Zboril

                        9801 Lake Nona Road

                        Orlando, Florida 32827

WATERWAY AND LOCATION:  The Sunbridge Neighborhoods D,E,F, and Commercial Tracts project is an approximately 1,252 acre mixed use and residential development that would affect waters of the United States associated with the Kissimmee River Hydrologic Unit (Hydrologic Unit Code 03090101). The project site is located south of the Orange-Osceola County Line and east of Narcoosee Road, within Sections 1, 2, 11, 12, 13, 14, Township 25 South, Range 31 East, and Section 6, Township 25 South, Range 32 East, Osceola County, Florida.

Directions to the site are as follows:  The project is not accessible by public road but is located east of the intersection of Cyrils Drive and Absher Road.

APPROXIMATE CENTRAL COORDINATES:         Latitude:            28.3291º

                                                                                 Longitude:  -81.1729°

PROJECT PURPOSE:

Basic:  Mixed-use Development

Overall: The overall project purpose is construction of a mixed-use development within the Sunbridge at Northeast District (NED) Phase I, Osceola County, Florida.

EXISTING CONDITIONS:  The Sunbridge Neighborhoods D,E,F, and Commercial Tracts project area currently supports five land use types/vegetative communities. These land use types/vegetative communities were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCCS, FDOT, January 1999). Wetland communities within the project area comprise approximately 350.53 acres and consist of Wetland Coniferous Forests - 620, Cypress - 621, Wetland Forested Mixed - 630, Freshwater Marshes - 641, Wet Prairies - 643, and Treeless Hydric Savanna - 646. Surface water communities comprised

PROPOSED WORK:  The applicant seeks authorization to dredge and fill approximately 83.71 acres of direct impact and approximately 47.21 acres of indirect (secondary) impact of waters of the United States (wetlands and other waters) for construction of Sunbridge Neighborhoods D,E,F, and Commercial Tracts. The applicant is seeking a ten (10) year permit duration.

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:

“Impacts to Waters of the United States are unavoidable due to the extent and configuration present on the site. Complete avoidance was not practicable. The revised development plan provides avoidance and minimization of impacts to wetlands as practicable to protect higher quality systems and reduce habitat fragmentation.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

A total of 553 acres of wetland and uplands will be preserved and managed as part of the SFWMD and Osceola County mitigation and habitat conservation management plan. Wetland Rapid Assessment Procedure (WRAP) conducted with the Department of the Army, Corps of Engineers determined a functional loss of 62.82 WRAP units. Mitigation will be provided through purchase of mitigation credits at the TM Econ Mitigation Bank.

CULTURAL RESOURCES:  The Sunbridge Neighborhoods D,E,F, and Commercial Tracts permit area was previously reviewed under SAJ-2018-00734 which included a Cultural Resource Assessment Survey. On 1 May 2019, the Corps received concurrence from the State Historic Preservation Officer that the project would have no effect to historic properties. Additionally, on 9 April 2019 the Corps received concurrence from the Seminole Tribe of Florida that there were no objections to the project.  The permit will be conditioned to stop work and report any finds of cultural resources should they be discovered during the permitted activity.  The Corps therefore has completed its review and has concurrence from the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act.

ENDANGERED SPECIES:  The Sunbridge Neighborhoods D,E,F, and Commercial Tracts Endangered Species Act action area was previously reviewed by the U.S. Fish and Wildlife Service under SAJ-2018-00734. The Service issued a Biological Opinion (BO) which will be utilized for this project as well since the action areas and determinations are the same. The mandatory terms and conditions to implement the reasonable and prudent measures that are associated with “incidental take” specified in the BO will be made a condition of any issued permit for SAJ-2020-03435. Authorization for the proposed action would be conditional upon compliance with all of the mandatory terms and conditions associated with incidental take of the BO, which terms and conditions will be incorporated by reference into any proffered permit.  Failure to comply with the terms and conditions associated with incidental take of the BO, where a take of the listed species occurs, would constitute an unauthorized take, and it would also constitute noncompliance a proffered permit.

The Corps has concurrence through application of the previously issued BO and has completed the review pursuant to Section 7 of the Endangered Species Act. 

ESSENTIAL FISH HABITAT (EFH). The proposed work would have no effect 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:  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) 504-3802; or, by telephone at (321) 504-3771 ex. 11. 

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.