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: Hen Vaknin
Bridge Asset Management, LLC. 70 West 40th Street, Suite 11
New York, NY, 10018
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Shingle Creek. The project site is located on the South side of Orange Blossom Train approximately 0.4 miles east of the South Poinciana Boulevard intersection, in Section 2, Township 26 South, Range 28 East, Kissimmee, Osceola County, 34758.
Directions to the site are as follows: From the intersection of Poinciana Boulevard and South Orange Blossom Trail go east on Orange Blossom Trail 0.38 miles, property is on the south side of the road.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.253493°
Longitude –81.479391°
PROJECT PURPOSE:
Basic: Residential Development
Overall: Proposed multi-family residential apartment complex to increase housing capacity in the Osceola County area.
EXISTING CONDITIONS: The wetland system onsite is classified as palustrine forested. The onsite vegetative communities can be classified as Pine-Mesic Oak, Slash Pine Swamp Forest, Bay Swamp, and Mixed wetland Hardwoods. Additionally, there are Bare Soil/Clear cut, and unimproved roadways within the project boundary.
The area surrounding the project site consists of residential and commercial developments that are ubiquitous along Orange Blossom Trail.
PROPOSED WORK: The applicant seeks authorization to fill approximately 5.53 acres of wetland to facilitate the construction of a multi-family development.
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: "Avoidance and minimization of wetland impacts was reviewed as part of the site planning effort for this project. The applicant considered minimization of impacts to the wetlands, however due to the development required to make this project feasible full avoidance was not practicable. Wetlands cover approximately 75-percent of this site and are positioned such that the frontage is not accessible without impact to wetlands. Alternative site plans were reviewed which identified impacts to all of the wetlands on site. However, after reviewing the County land development code and addressing this site plan with County planning staff it was determined that Wetland 2 is a higher quality wetland and does not qualify for impact under the County regulations. Additional site plans were reviewed and in order to provide the financial requirements on such a small site the wetland impacts to Wetland 1 as depicted in the attached figures were deemed necessary. Wetland 2 will be preserved along with a 50 foot buffer. All practicable alternatives have been reviewed with the provided plan being financially feasible as well as meeting avoidance and minimization goals for the site.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “The project proposes impacts to 5.53 acres of wetlands (both primary and secondary impacts). Mitigation for the wetland impacts will be through the purchase of credits at a regional mitigation bank (Florida 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 has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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.
NAVIGATION: The proposed structure 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, 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, Corey Maier, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, 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.
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: Water Quality Certification may be required from the Florida Department of Environmental Protection. The South Florida Water Management District (SFWMD) Environmental Resource Permit No. is 49-109363-P (issued April 1, 2024).
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.