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:
APPLICANT:
Shingle Creek Co-Owner, LLC
William S. Moore, Esq.
Moore Bowman & Rix, P.A.
551 N. Cattlemen Road, Suite 100
Sarasota, Florida 34232
WATERWAY AND LOCATION: The ±273 acre Shingle Creek Planned Development project El Maximo Ranch Northern Everglades Public Private Partnership project would affect waters of the United States associated with the Shingle Creek Hydrologic Unit (Hydrologic Unit Code 030901010302). The project is located on the southern end of International Drive south of the Westwood Boulevard intersection and north of the 417 Expressway in Sections 24 and 25; Township 24 South, Range 28 East. Orange County, Florida.
Directions to the site are as follows: Take 528 West to SR417 South towards Disney. Take exit 6 (SR 536 World Center Drive) then take a right onto International Drive. Stay on International Drive then take a right onto Westwood Boulevard. Stay on Westwood Boulevard until Powerline Road. Take a right onto existing Powerline Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.37378º
Longitude -81.46634º
PROJECT PURPOSE:
Basic: Residential and commercial Development
Overall: The overall project purpose is the construction of a residential and commercial planned development in southwestern Orange County, Florida.
EXISTING CONDITIONS: The Shingle Creek Project currently supports seven (7) land use types/vegetative communities within its boundaries. These land use types/vegetative communities were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 2004) (Figure 5). The upland land use types/vegetative communities on the site are classified as Pine Flatwoods (411), Upland Hardwood Forest (420) and Utilities (830). The wetland/surface water land use types/vegetative communities on the site are classified as Reservoirs (534), Cypress (621), Hydric Pine Flatwoods (625), and Mixed Forested Wetland (630). These systems are part of the Shingle Creek wetland system. The following provides a brief description of the on-site land use types/vegetative communities identified on the site: Overall, the property contains:
Uplands:
411 Pine Flatwoods
All of the upland areas on the subject site are comprised mainly of slash pine (Pinus elliottii) and longleaf pine (Pinus palustris) forested systems with varying amounts of saw palmetto (Serenoa repens) understory. This community comprises the bulk of the Shingle Creek site. Within these natural pine areas, the canopy coverage is predominately open with pockets of more dense canopy abutting the forested wetlands. Vegetation observed within this l and use type includes slash pine, saw palmetto (Serenoa repens), gallberry (Ilex glabra), greenbriar (Smilax spp.), blackberry (Rubus pensilvanicus), cinnamon fern (Osmunda cinnamomea), rusty staggerbush (Lyonia ferruginea), fetterbush (Lyonia lucida), saltbush (Baccharis halimifolia), muscadine grapevine (Vitis rotundifolia), and brackenfern (Pteridium aquilinum).
420 Upland Hardwood Forest
The subject site contains a small upland hardwood forest that consists mostly of laurel oak (Quercus laurifolia). Vegetation observed in this community type includes laurel oak, sweetbay (Magnolia virginiana), wax myrtle oak (Quercus myrtifolia), slash pine (Pinus elliottii) and saw palmetto, gallberry, greenbriar (Smilax spp.), blackberry, muscadine grapevine, and brackenfern.
Wetlands/Surface Waters:
534 Reservoirs
One small stormwater pond is located within the project limits along the existing powerline easement. The pond embankment is vegetated with Brazilian pepper (Schinus terebinthifolius) and saltbush (Baccharis halimifolia). The interior of the pond is vegetated with Carolina willow (Salix carolininana), cattails (Typha latifolia) and torpedograss (Panicum repens).
621 Cypress
Cypress wetlands are found scattered along the southern leg boundary of Shingle Creek PD. Vegetation observed within this community type includes bald cypress (Taxodium distichum), pond cypress (Taxodium ascendens), dahoon holly (Ilex cassine), blackgum (Nyssa sylvatica), red maple (Acer rubrum), slash pine, pond pine (Pinus serotina), fetterbush (Lyonia lucida), swamp fern (Blechnum serrulatum), royal fern (Osmunda regalis), cinnamon fern (Osmunda cinnamomea), St. John’s-Wort (Hypericum fasciculatum), sawgrass (Cladium jamaicense), Carolina redroot (Lachnanthes caroliana), yellow-eyed grass (Xyris spp.) and marsh pennywort
(Hydrocotyle umbellata).
625 Hydric Pine Flatwoods
Hydric Pine Flatwoods are located along the northern boundary of the project site. This area appears to be part of a seepage slope from the northern upland areas. Vegetation
observed within this community type includes slash pine, pond pine, dahoon holly (Ilex cassine), swamp bay (Persea palustris), saw palmetto, fetterbush, greenbriar, spider orchid flower (Habenaria repens), swamp fern, cinnamon fern, gallberry and blackberry. The entire extent of this system also contains scattered patches of Old World climbing fern (Lygodium microphyllum).
630 Mixed Forested Wetland
Scattered along the northern and western edge of the subject site are Mixed Forested Wetlands. These mixed forested areas also comprise a few large areas where neither hardwoods nor conifers achieve more than a 66 percent dominance of the crown canopy composition. These areas are best classified as Mixed Forested Wetland (630), per the FLUCFCS. Vegetation observed within this community type include bald cypress, dahoon holly, blackgum, swamp bay, red maple, slash pine (Pinus elliottii), pond pine, fetterbush, greenbriar, cinnamon fern, gallberry and blackberry. PROPOSED WORK: This application proposes 79.15 acres of wetland impacts with 23.70 acres of secondary impacts (75-ft impact depth). This application also seeks to impact the 0.75-acre permitted stormwater pond. Based on the Unified Mitigation Assessment Methodology, an overall Functional Loss of -52.043 is anticipated. The majority of the impacts have been sited along the platted Westwood Boulevard and entrance into the main body of the project site. Fringe impacts are proposed within the “upland island” of the residential area to the outer edges of the wetlands where impacts could not be avoided in order to accommodate the stormwater management system, parks and residential development. One wetland crossing is proposed for site access to the residential development and is limited to the narrowest section of the wetland system. A wildlife and hydrologic crossing are proposed under the main access for wildlife between the wetland areas east and west of the access road and to maintain the hydrologic connection of the wetlands. The residential development has been sited within the uplands while leaving the forested wetlands and other uplands intact.
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 project site has been through several modifications since 2011 that included projects that were sited along the future Westwood Boulevard, but proposed significant acreages of wetland impacts to deeper parts of the Munger Tract wetland system. All site plans proposed larger projects with significant amounts of wetland impacts. Much of these impacts would have been to more pristine areas of the wetland system and would have also physically severed portions of the Munger Tract wetlands west of the site. This severance would have had the potential of altering the hydrology of the wetland system, thereby changing the habitat structure of the wetlands. These plans would have also severed and/or impeded wildlife corridor habitat along the wetlands that are located west of the projects. The most recent proposed development, the Applicant has cut the project in half and proposes to preserve the remaining wetlands and uplands. These wetlands and uplands will be preserved via a conservation easement dedicated to Orange County. The proposed site plan has been designed to avoid the large contiguous wetland system that surrounds the Project Site. The Applicant worked with SFWMD in a partnership to create an organized project that best serves the overall Munger Tract wetlands and uplands as a whole. This partnership exchanged SFWMD lands that were located within the project limits with other lands within the Munger Tract that were outside of the project limits and adjacent to existing SFWMD conservation lands. The majority of wetland impact areas are proposed to the wetlands located in the northern extent of the project site along the existing powerline easement where Westwood Boulevard right-of-way is platted and the Commercial Tract are proposed. These wetlands experience secondary impacts from noise and light disturbances from the adjacent developments, as well as disturbances from the increased concentrations of nuisance and exotic plant species. Fringe impacts are proposed in the southern Residential area of the project site while the most of the residential development has been sited within the upland area. This design proposes to meander the project through the uplands, leaving much of the higher quality wetlands undisturbed and intact and concentrating the commercial development along the platted Westwood Boulevard and within wetlands that contain nuisance and exotic species (Old World Climbing fern). Ultimately, the least invasive design was chosen which would allow the development’s needs to be met as well as balancing the ecological aspects of the property. This meandering design through the uplands also leaves in place large wetland and upland corridors for wildlife. As a result of the development effort, an ecologically sustainable, long-term mitigation plan was created while also providing for a commercial and residential development to serve the International Drive area. This preservation plan restricts any future large scale or small scale development deeper within the Munger Tract lands of the Shingle Creek basin along Westwood Boulevard and more importantly, prevents any future commercial expansion from the proposed Project.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The Tuscana Project is surrounded by existing SFWMD Conservation Lands that make up the Shingle Creek Management Area. Compensatory mitigation consists of the preservation of 301.44 acres of mature deciduous and evergreen forested wetlands, freshwater marsh and mature pine flatwoods within the Munger Tract Shingle Creek area. These lands were placed on the Save Our Rivers acquisition list in 1985 and the District’s acquisition efforts have been on-going since 1991. The proposed mitigation plan will add approximately 301 acres of wetlands and uplands to the ± 621 acres of forested wetlands and uplands owned, controlled and managed by SFWMD within the western Munger Tract. The preservation and donation to SFWMD will provide a more contiguous preservation plan to the existing SFWMD state owned lands. Many of the proposed mitigation tracts are either large as proposed or fill in gaps between existing SFMWD lands and will help bridge isolated SFWMD lands to larger preservation areas. The future connectivity between existing SFWMD lands by the proposed mitigation lands is significant. This preservation will further the watershed goals of SFWMD in preserving the habitat of Shingle Creek by providing perpetually preserved high quality upland and wetland forested systems for wildlife denning, nesting, foraging and corridor functions, as well as downstream benefits to Shingle Creek basin. The Land Stewardship management program will be better implemented with the preservation of the Tuscana mitigation lands by allowing for better access and larger areas to be managed. The use of hand clearing and/or chemical treatment in the uplands will increase location and landscape support for the wetlands and improving suitability as wildlife habitat, as well as improve the community structure of the mitigation areas. Land management activities will also help facilitate appropriate fuel management. Future chemical treatment within the uplands and fringe wetland areas will eradicate nuisance and exotic species observed on-site such as Chinese tallow (Triadica sebifera) and Old World Climbing Fern (Lygodium microphyllum). With the preservation of the Tuscana PD mitigation lands, future silviculture activities within the wetlands that can convert wetland systems and severely reduce canopy coverage will be prevented. Additionally, the preservation of these lands removes the ability for landowners to continue recreational vehicle use which can damage the community structure of the uplands and wetlands and adversely affect wetland hydrology by redirecting surface flows or eliminating hydrologic connectivity between wetland systems. This mitigation provides an overall Functional Gain of 57.18. The wetlands proposed for mitigation are in-kind palustrine forested deciduous and evergreen wetlands that are contiguous to the same in-kind forested wetlands proposed for impact. Futher, in an effort to demonstrate that this project has fully met the requirements of 40 C.F.R. § 230.93(h), we propose the purchase of 10 federal mitigation credits at a federally approved mitigation bank.”
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 determined the project may affect but is not likely to adversely affect (NLAA) wood stork and eastern indigo snake. Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps’ determination sequence is as follows: 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 during site preparation and construction) > C (There are gopher tortoise burrows or other refugia.) > D (Project will impact less than 25 active and inactive burrows) > E (Permit will be conditioned such that all gopher tortoise burrows, active or inactive, will be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Permit is conditioned with the standard protection measure for the Indigo Snake) = NLAA. All gopher tortoise burrows, active or inactive, will be excavated prior to site manipulation in the burrow vicinity. If excavating potentially occupied burrows, active or inactive, individuals must first obtain state authorization from the Florida Fish and Wildlife Conservation Commission. The excavation method selected should also minimize the potential for injury of an indigo snake. 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 proposed work; the permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination key.
The proposed activity is within the Core Foraging Area (CFA) of a wood stork rookery; the project supports marginally Suitable Foraging Habitat (SFH) for wood stork. Based on the Effect Determination Key for the Wood Stork in Central and North Peninsular Florida (dated September 2008), the Corps determination sequence was A>B>C>E = NLAA. The determination is supported by SFH compensation provided within the service area of a mitigation bank which covers the CFA, and provides an amount of habitat and foraging function equivalent to that of impacted SFH; is not contrary to the Service’s Habitat Management Guidelines For The Wood Stork In The Southeast Region and in accordance with the CWA Section 404(b)(1) guidelines. The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through the use of the aforementioned determination key.
Based on existing habitat types and/or provided survey information, the Corps preliminarily determined the project would have no effect on Bluetail mole skink ( Eumeces egregious lividus) and Sand skink (Neoseps reynoldsi), red-cockaded woodpecker (Leuconotopicus borealis), Everglades Snail Kite (Rostrhamus sociabilis plumbeus), Audubon’s crested caracara (Polyborus plancus audubonii), or Florida scrub-jay (Aphelocoma coerulescens).
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. The proposal would impact approximately 37.75 acres of palustrine forested wetlands located in the Shingle Creek watershed. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the downstream Kissimmee River. 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.
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 line has not been verified by Corps personnel.
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, 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, Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, Florida 32926; by electronic mail at corey.m.maier@usace.army.mil; or, by telephone at (321) 504-3771 ext. 0015.
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.
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.
WATER QUALITY CERTIFICATION: WQC is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. ST404_421819-001 SFI-33.
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.