SAJ-2024-03834(SP-LMG)

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:         TDCP LLC

   Attn: Dan Young

                              6900 Tavistock Lakes Blvd.

                              Orlando, Florida 32827

                              Dan.young@tavistock.com

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with East Lake Tohopekaliga. The Poitras West (Project) site is located in Sections 35 and 36, Township 24 South, Range 30 East, in Orlando, Orange County, Florida.

Directions to the site are as follows:  SR-417 take exit 17B onto Boggy Creek Road. In 0.4 miles, turn south onto Boggy Creek Road. In 0.7 miles make a U-turn. Access to the site is on a private road to the right.

APPROXIMATE CENTRAL COORDINATES:   Latitude      26.421222°

                                                                          Longitude -81.676028°

PROJECT PURPOSE:

Basic:  Housing

Overall:  The applicant has identified that the overall project purpose is construct a walkable mixed-use community with residential, neighborhood center commercial, educational and airport support industrial facilities providing housing and support services for the Medical City uses in the Lake Nona Development of Regional Impact (DRI) with connections to the future Osceola Parkway. Secondarily, the City of Orlando desires to have a regional road connecting Luminary Boulevard in Poitras East to Medical City Drive in Lake Nona. The applicant has stated the proposed project is needed to meet the community demand for airport and medical support space and residences and related commercial and education facilities. The Corps has not yet made a final determination on the overall project purpose.

EXISTING CONDITIONS:  Based on information from the applicant, 15 land use/vegetation cover types occur on the 561.26 acre project site. These land use/vegetation cover types were characterized using Florida Land Use, Cover and Forms Classification System (FLUCFCS) designations (FDOT 1999) as follows:

Table 2: Land Cover Classifications

The uplands within the Poitras West project site are dominated by pine flatwoods (FLUCFCS 411), palmetto prairies (FLUCFCS 321), and shrub and brushland (FLUCFCS 320). The wetland habitats are dominated by hydric pine flatwoods (FLUCFCS 625) with other wetland vegetation communities such as mixed forested wetlands (FLUCFCS 630), wet prairies (FLUCFCS 643), cypress (FLUCFCS 621), and slash pine swamp forest (FLUCFCS 627) also exhibiting significant acreage. The surface waters include excavated ditches (FLUCFCS 510) and borrow pits (FLUCFCS 530). The property has been managed historically for agricultural purposes (i.e., rangeland for cattle grazing).

An aquatic resource delineation was conducted for the site, but has not yet been verified by the Corps. Based on the information provided by the applicant, the site contains 31 wetlands totaling 167.85 acres, and 5 other waters totaling 89.45 acres on the project site. Several of the aquatic resources are hydrologically connected and discharge into Jim Branch, which flows to Fells Cove and then into East Lake Tohopekaliga. Wetlands and other waters identified by the applicant are on Figure 5 of the enclosed figures.

In September 2020, the Corps issued a permit for the discharge of fill material into 16.32 acres of waters of the U.S. for the construction of a mixed use development for the adjacent Poitras East project (SAJ-2018-00446), In addition, in 2000, the Corps issued a permit to the Greater Orlando Aviation Authority (GOAA) (SAJ-1998-00201) for the construction of a paved haul road, culverted crossing of Jim Branch, excavation of several ponds for fill material, and approximately 626 acres of conservation lands on both the proposed Poitras West site and the Poitras East site. The sites were utilized by GOAA for obtaining fill material for the fourth runway and south terminal complex projects at the Orlando International Airport. The 81.69 acre open water (OSW-4) was constructed as a result of the excavation of fill material associated with the permit issued to GOAA. The proposed Poitras West site is adjacent to the 285.44 acres of the Poitras Primary Conservation Network (PCN) on the Poitras West Site. The Poitras PCN was designated by the City of Orlando for conservation, to provide a regional habitat corridor connection within Southeast Orlando. The Poitras PCN is contiguous with the 645-acre Lake Nona South PCN, which maintains a habitat connection from the Lake Nona South PCN to East Lake Tohopekaliga.

PROPOSED WORK:  The applicant seeks authorization to discharge fill material into 126.2 acres of wetlands and 7.33 acres of other surface waters, for the construction of a mixed-use development with associated infrastructure. The proposed mixed-use development would consist of single-family and multi-family units and airport support uses within an area containing open space, interconnected ponds, roadways, mixed-use commercial uses, and a bicycle/trail network. The proposed development would include the construction of a school, neighborhood center, and park facilities. Three primary roads would be constructed within the development, including (1) the extension of Luminary Boulevard across Jim Branch from the adjacent Poitras East project, connecting to Lake Nona South at Medical City Drive, (2) an east-west road from Luminary Boulevard extending west under the Osceola Parkway Extension to eventually connect west off-site to Boggy Creek Road, and (3) an east/west roadway along the northern boundary from Luminary Road to connect to Boggy Creek Road. A conceptual design layout for the proposed project is located on Figure CP-01 in the attached figures.  

AVOIDANCE AND MINIMIZATION INFORMATION:  The applicant has proposed to avoid impacts to 41.13 acres of WL-7 and WL-16, as well as 82.12 acres of OSW-4 through OSW-7. The applicant has identified that the portions of WL-7 and WL-16 proposed for avoidance are those identified by the City of Orlando for conservation (WL-7), or high quality wet flatwoods that connect to the adjacent PCN conservation lands. The applicant has also identified that the proposed stormwater management system was designed to accommodate the required volume of stormwater runoff.

In order to minimize effects to aquatic resources, the applicant has identified that they would follow a number of best management practices (BMPs) during construction.

COMPENSATORY MITIGATION:  The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The total calculated functional loss resulting from the proposed impacts is 81.17 WRAP credits. The applicant is proposing to provide 81.17 WRAP credits for the proposed impacts from TM Econ Mitigation Bank.

CULTURAL RESOURCES:  A Phase IB cultural resource assessment survey for the Project site was conducted by Archaeological and Historical Conservancy, Inc. (AHC) in 2020. No pre-historic archaeological resources were identified during the assessment. One historic archaeological occurrence (cattle trough and construction rubble) was identified on the site, which the applicant has indicated does not meet the criteria for listing in the National Register of Historic Resources. On August 12, 2020, the California Division of Historical Resources issued a letter of concurrence to the archaeological consultant identifying that the Phase 1B report was complete and sufficient. 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:  Based on the Corps’ preliminary view, the following species have the potential to occur on the project site: American alligator (Alligator mississippiensis), beautiful pawpaw (Deeringothamnus pulchellus), blue-tailed mole skink (Eumeces egregius lividus), crested caracara (Audubon's) [FL DPS] (Caracara plancus audubonii), Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Eastern indigo snake (Drymarchon couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida panther (Puma (=Felis) concolor coryi), Florida scrub-jay (Aphelocoma coerulescens), Lewton's polygala (Polygala lewtonii), papery whitlow-wort (Paronychia chartacea), pigeon wings (Clitoria fragrans), puma (=mountain lion) (Puma (=Felis) concolor (all subsp. except coryi)), pygmy fringe-tree (Chionanthus pygmaeus), red-cockaded woodpecker (Picoides borealis), sandlace (Polygonella myriophylla), tricolored bat (Perimyotis subflavus), whooping crane (Grus americana), and wood stork (Mycteria americana). Following receipt of information necessary to determine the effects of the proposed action on these species, the Corps will conduct consultation with the U.S. Fish and Wildlife Service, as necessary, pursuant to Section 7 of the Endangered Species Act.

ESSENTIAL FISH HABITAT (EFH):  Our initial determination is that the proposed action would not have an adverse impact on EFH. Our final determination relative to project impacts and the need for mitigation measures may be 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 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 Sacramento District Regulatory Division, 1325 J Street, Room 860, Sacramento, California 95814-2922, within 30 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, Lisa M. Gibson, in writing at the Sacramento District, Special Projects Branch, 1325 J Street, Room 860, Sacramento, California 95814-2922; by electronic mail at Lisa.M.Gibson2@usace.army.mil; or, by telephone at (916) 557-5288. 

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: Water Quality Certification may be required from the [name of certifying authority] [Edit this sentence to include more specific information if available. For example: WQC is required from the South Florida Water Management District.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved 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.