SAJ-2020-02829 (SP-JGC)

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:

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Shingle Creek. The project site is located in Section 32, Township 25 South, and Range 29 East in the City of Kissimmee, Osceola County, Florida. More specifically, the project is located in and around the future Lancaster Park, which is bounded by West Clay Street and Pleasant Hill Road to the west, Shingle Creek to the south, and S. John Young Parkway to the southeast, and agricultural land to the east.

Directions to the site are as follows: Take SR 528 west to SR 417 south to John Young Parkway south. Travel approximately 7.5 miles to the project location on the north side of John Young Parkway (SR 600).

APPROXIMATE CENTRAL COORDINATES: Latitude          28.271°

                                                                         Longitude -81.431°

PROJECT PURPOSE:

Basic: The basic project purpose is to provide passive recreational opportunities, such as walking, jogging, and bicycling, adjacent to Shingle Creek.

Overall: The overall project purpose is to extend the existing Shingle Creek Regional Trail (SCRT) network, an approximately 32 mile long multi-use pedestrian and bicycle trail, that will become part of an extensive trail network extending from Kissimmee to Wekiva Springs State Park, and from Orlando to Mascotte. The SCRT, in its entirety, will serve as a key north-south connector in a larger regional trail network that includes the West Orange Trail, South Lake Trail, Cross Seminole Trail, and Seminole Wekiva Trail.

EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite vegetation within the northern portion of the project area primarily consists of herbaceous freshwater marshes that have been ditched and partially drained by historic agricultural activity. The vegetation within the southern portion of the project area is primarily associated with Shingle Creek and consists of fragmented mixed forested wetlands bounded by agricultural lands. The existing area surrounding the project area, as defined by the Florida Land Use Code and Classification System, consists of Improved Pasture (FLUCCS 211), Natural River, Stream, Waterway (FLUCCS 511),Wetland Forest Mixed (FLUCCS 617), and Freshwater Marshes/Graminoid Prairie Marsh (FLUCCS 641).

PROPOSED WORK: The applicant seeks authorization to construct approximately
2.5 miles of new multi-use (pedestrian and bicycle) trails and appurtenant structures within the future Lancaster Park. The trail would consist of a combination of asphalt and fiber reinforced concrete surfaces with widths varying from 12 to 14 feet and a design speed of 18 mile per hour. The project has been designed as three separate segments.

Segment 1 would be approximately 5,745 feet long and 14 feet wide. This segment would begin at West Clay Street near the Pleasant Hill Elementary School access drive and extend east-northeastward along the access road to the City of Kissimmee Public Safety Training Center, then southward along the fenceline behind Pleasant Hill Elementary School, then eastward along the treeline of the forested wetlands adjacent to Shingle Creek, and finally, northeastward and generally parallel to the west side of
S. John Young Parkway where it would terminate and connect to the western terminus of the future SCRT South Phase 2B. Approximately 3,733 feet of the trail beginning at West Clay Street would be surfaced with asphalt, and the remaining 2,012 feet connected to S. John Young Parkway would be surfaced with fiber reinforced concrete.

Segment 2 would be approximately 3,118 feet long and consist of two sections. The western section would be approximately 2,393 feet long and 14 feet wide and would begin at Pleasant Hill Road near the intersection with Knowles Boulevard and extend generally eastward along the edge of the pasture parallel to the north side of Shingle Creek. The remaining eastern section would be approximately 725 feet long and 12 feet wide and would continue eastward through a forested wetland area, spanning an oxbow of Shingle Creek with two 120 foot long pedestrian bridges, and connect to Segment 1 approximately 650 feet west of S. John Young Parkway. All of Segment 2 would be surfaced with fiber reinforced concrete.

Segment 3 would be approximately 499 feet long and 14 feet wide. This segment would begin at Segment 2 approximately 314 feet west of the western pedestrian bridge, extend northward along the treeline, and connecting to Segment 1 approximately 331 feet west of the above referenced intersection of Segments 1 and 2. All of Segment 3 would be surfaced with fiber reinforced concrete.

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.

The trail alignment was designed to reduce wetland impacts by avoiding forested wetlands along Shingle Creek and only impacting herbaceous pasture wetlands historically subjected to agricultural land use alterations. The avoidance of higher quality wetlands along Shingle Creek and construction of the trail within historically disturbed agricultural areas, as well as the use of appurtenant fencing, trash cans, and educational signage throughout the trail system, would reduce the occurrences of human interaction with wetlands and wildlife.

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

As proposed, the construction of the asphalt and concrete trails would result in the loss of approximately 1.75 acres of waters of the United States consisting of approximately 1.64 acres of herbaceous wet pastures, 0.09 acre of historically altered forested wetlands, and 0.02 acre of manmade surface waters. Additionally, the construction of the two pedestrian bridges would result in the loss of aquatic resource functions associated with the shading of 0.08 acre of surface waters within the Shingle Creek oxbow. The applicant has offered the following compensatory mitigation plan to offset these unavoidable impacts to the aquatic environment.

The Modified Wetland Rapid Assessment Procedure (M-WRAP) was used to evaluate wetland function to estimate the amount of mitigation needed to offset the loss of waters of the United States. Mitigation would be provided through the purchase of 0.2 freshwater forested credits and 0.4 freshwater herbaceous credits from the Florida Mitigation Bank. A credit reservation letter from the Florida Mitigation Bank would be provided prior to permit issuance.

The Corps has not yet made a determination of the adequacy of the applicant’s proposed compensatory mitigation plan.

CULTURAL RESOURCES: The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES: The Corps has reviewed the information provided by the applicant regarding the project’s anticipated impacts to listed endangered and threatened species that are protected under the ESA. The table below lists the Corps’ effects determination for all species listed by the U.S. Fish and Wildlife Service (USFWS) as occurring or potentially occurring within the project area:

According to the USFWS official species list, there are no designated critical habitats within the project action area.

Bald and Golden Eagle Protection Act (BGEPA): The applicant stated that no eagle nests were observed during field reviews of the project area. However, there is a known bald eagle (Haliaeetus leucocephalus) nest on the northern portion of the Shingle Creek Regional Park. The applicant does not anticipate impacts to the bald eagle as a result of the project since no work is planned in the vicinity of the nest site. The Corps has not determined the adequacy of the applicant’s assessment of the project’s potential to affect species that are protected under the BGEPA. Compliance with all federal laws, including the BGEPA, are requirements of all Corps authorizations for work in waters of the United States.

Migratory Bird Treaty Act (MBTA): The applicant stated that no swallow-tailed kite (Elanoides forficatus) nests were observed during field reviews of the project area. However, there is a known kite nest on the Shingle Creek Regional Park. The applicant does not anticipate impacts to the swallow-tailed kite as a result of the project since no work is planned in the vicinity of the nest site. The Corps has not determined the adequacy of the applicant’s assessment of the project’s potential to affect species that are protected under the MBTA. Compliance with all federal laws, including the MBTA, are requirements of all Corps authorizations for work in waters of the United States.

ESSENTIAL FISH HABITAT (EFH): The Corps has determined that there is no EFH in the vicinity of the project. Therefore, coordination with the National Marine Fisheries Service is not required.

Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.

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 extent of waters of the United States has not been verified by Corps personnel.

COMMENTS: All comments regarding the potential authorization of the proposed work  in waters of the United States must be received in writing within 30 days from the date of this notice. Public notice comments and questions about the application should be directed to the project manager, Joshua G. Carpenter, at the U.S. Army Corps of Engineers, Albuquerque District, Pueblo Regulatory Office, 201 W 8th St., Suite 350, Pueblo, Colorado 81003, by email at joshua.g.carpenter@usace.army.mil, or by phone at (719) 543-9459.

The Corps will consider all comments received during the comment period in its decision whether to issue or deny a permit for work in waters of the United, based on an evaluation of the probable impacts to waters of the United States associated with the work, including an analysis of the applicant's avoidance and minimization efforts, and the proposed compensatory mitigation.

IMPACT ON NATURAL RESOURCES: Coordination with USFWS, Environmental Protection Agency, 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 impacts, 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.

The 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.

WATER QUALITY CERTIFICATION (WQC): The applicant has stated that a WQC has been granted by the Florida Department of Environmental Protection. The Corps has not verified the certification and would require documentation of the certification prior to authorization of any work in waters of the United States associated with this project.

COASTAL ZONE MANAGEMENT CONSISTENCY: The project is not located within the coastal zone. Therefore, Coastal Zone Management Consistency is not required.

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.