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: DR Horton, Inc.
c/o John Valantasis
10192 Dowden Road
Orlando, FL 32832
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Tohopekaliga (12-Digit HUC 030901010400), a RHA Section 10 waterway. The project site is located at the Twin Oaks Mitigation Bank, located at the terminus of Macy Island Road within Sections 01, 06, 07, 08, 25, 31, and 36, Township 25 and 26 South, Range 29 and 30 East, Kissimmee, Osceola County, Florida.
Directions to the site are as follows: From the intersection of Highway 192 and Neptune Road, between the cities of Kissimmee and St. Cloud, proceed west on Neptune Road approximately 3 miles, turn left (southwest) onto Henry Partin Road and travel southwest approximately 0.15 mile, turn left (south) onto Macy Island Road. Proceed south on Macy Island Road approximately 1.30 miles, and the property is along both sides (east and west) of Macy Island Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.247103°
Longitude -81.351853°
PROJECT PURPOSE:
Basic: Hydrologic enhancement/restoration of wetlands.
Overall: Wetland enhancement/restoration through installation of water control structures and along the pervious access/maintenance trails mitigation bank perimeter to support work activities required by the South Florida Water Management District’s (SFWMD) permit authorizing the Twin Oaks Mitigation Bank (TOMB), with the purpose of wetland enhancement/restoration primarily through hydrologic enhancements.
EXISTING CONDITIONS: The project areas within which work/impacts are proposed are comprised of pasture/rangeland and low to moderate quality herbaceous wetlands, altered by historic drainage and agricultural land use practices. Uplands are primarily comprised of bahia grass, flattop goldenrod, broomsedges, and blackberry. Wetland areas requiring impacts are primarily comprised of blackberry, broomsedges, wax myrtle, elderberry, and various nuisance/exotic vegetative species. The existing area surrounding the project area consists of residential development (both existing and under construction) to the north and Lake Toho to the south.
PROPOSED WORK: The applicant seeks authorization to directly impact (fill/dredge) 1.59 acres of low to moderate quality wetlands, necessary to install access/maintenance trails along the mitigation bank perimeter and install water control structures. The work, specifically construction of perimeter access/maintenance trails, would also result in the hydrologic severance of 6.79 acres of on-site and abutting off-site low quality wetlands. The application review also includes evaluation of 4.16 acres of potential secondary impacts to avoided wetlands.
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:
A majority of the proposed access trail will overlap the existing path. Portions of the existing path are not located on TOMB property and must be re-located on-site. The trails will require fill to an elevation of 56.00’ to prevent trail flooding during high water events. Therefore, a majority of the proposed trail that would impact wetlands will be located at the project boundary to minimize impacts. Wetland hydrologic severance impacts resulting from trail construction are to portions of wetlands which are marginally connected, and relatively “isolated” under current conditions. These marginalized wetland areas are of poor quality, adversely affected by past and/or current land uses, and unlikely to be viable long-term with or without the proposed TOMB construction activities.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Direct and secondary impacts to wetlands were evaluated utilizing the Modified Wetland Rapid Assessment Procedure (MWRAP). Based on the MWRAP-calculated functional loss, the project will purchase 5.54 federal wetland 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 Endangered Species Act (ESA) evaluation included a total of 18 acres, comprised of approximately seven (7) acres of total work area, plus an additional eleven (11) acres of adjacent severance and/or potential secondary impact areas.
Eastern Indigo Snake: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the Eastern Indigo Snake or its designated critical habitat. Based upon review of the Corps and Service’s Eastern Indigo Snake Programmatic Effect Determination Key (dated August 2017), the proposed project resulted in the following sequential determination: A > 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 > D > E (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 indigo snake, no work will commence until the snake has vacated the vicinity of the proposed work.) = MANLAA for the Eastern Indigo Snake. The applicant agrees to follow the “Standard Construction Guidelines for the Eastern Indigo Snake”. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.
Wood Stork: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the Wood Stork or its designated critical habitat. The Corps completed an evaluation of the project based upon the US Fish and Wildlife Service (FWS) South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (January 2010). Use of the Key for Wood Stork resulted in the following sequential determination: A > B > C > E (Project provides SFH compensation in accordance with the CWA section 404(b )( 1) guidelines and is not contrary to the HMG; habitat compensation is within the appropriate CFA or within the service area of a Service-approved mitigation bank; and habitat compensation replaces foraging value, consisting of wetland enhancement or restoration matching the hydroperiods of the wetlands affected, and provides foraging value similar to, or higher than, that of impacted wetlands.) = “not likely to adversely affect” for Wood Storks. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.
Florida Bonneted Bat: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the Bonneted Bat or its designated critical habitat. The Corps completed an evaluation of the project based upon the US Fish and Wildlife Service (FWS) South Florida Ecological Services Field Offices Programmatic Consultation Key (October 2019). Use of the Key for Bonneted Bat resulted in the following sequential determination: 1a > 2b > 13a > 14b = MANLAA-P for the Bonneted Bat. The applicant agrees to follow Best Management Practices Nos. 4 and 8, as detailed within Appendix D of the aforementioned determination key. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.
The Corps has determined the proposal would have no effect on any other listed threatened or endangered species or designated critical habitat.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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, FL 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, Jason D. Perryman, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926; by electronic mail at jason.d.perryman@usace.army.mil; or, by telephone at (321) 504-3771, ext. 10.
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.
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.