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: Seminole County Public Works
Mr. Jeff Sloman
1001 East 1st Street
Sanford, Florida 32771
WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed wetlands and man-made non-wetland waters within the Midway community in Seminole County. The project site encompasses large portions of the Midway community located north of East 25th Street in Sections 28, 32, 33, and 34, Township 19 South, Range 31 East, in Sanford, Seminole County, Florida.
Directions to the site are as follows: To the approximate midpoint of the project - From Orlando proceed east on FL-408 for approximately 7.2 miles; exit at Exit 18 onto FL-417; proceed north on FL-417 Toll for approximately 14.6 miles; exit at exit 50 onto US-17 N/US-92 E; proceed north on US-17 N/US-92 E for approximately 0.7 miles to FL-46; turn right (east) onto FL-46 East; proceed east on FL-46 for approximately 3.0 miles to Beardall Avenue; turn left (north) onto Beardall Avenue; proceed north on Beardall Avenue for approximately 0.5 miles to approximate midpoint of project.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.79664722
Longitude: -81.22308333
PROJECT PURPOSE:
Basic: To improve the drainage system within the Midway-Canaan community to reduce the frequent flooding that occurs in the community.
Overall: The purpose of the project is to present a constructible way to improve flood protection level-of-service in the Midway-Canaan community of Seminole County, Florida. The need for the project is based on frequent flooding in the community that has affected property, infrastructure, and people.
EXISTING CONDITIONS: In May 2021, Seminole County Public Works (County) released the final Midway Basin Engineering Study Report, which presented regional models of the Midway Basin identifying flood-prone areas in the basin and alternatives that improve flood protection level-of-service. The 2021 study covered two “problematic areas” where frequent flooding of the Midway-Canaan community has occurred. Both areas eventually discharge to the St. Johns River through a series of non-wetland surface waters (i.e., ditches).
The project areas have environmental resources and land uses that have been characterized pursuant to the 1999 Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCCS).
• Residential – Low Density (FLUCCS 1100)
• Residential – Medium Density (FLUCCS 1200)
• Residential – High Density (FLUCCS1300)
• Commercial Services (FLUCCS 1400)
• Institutional (FLUCCS 1700)
• Improved Pastures (FLUCCS 2100)
• Herbaceous Upland – Non-Forested (FLUCCS 3100)
• Mixed Upland – Non-Forested (FLUCCS 3300)
• Upland Mixed Coniferous/Hardwoods (FLUCCS 4340)
• Ditches (FLUCCS 5110)
• Reservoirs (FLUCCS 5300)
• Mixed Wetlands Hardwoods (PFO) (FLUCCS 6170)
• Emergent Aquatic Vegetation (PEM) (FLUCCS 6440)
• Airports (FLUCCS 8110)
• Surface Water Collection Basins (FLUCCS 8370)
PROPOSED WORK: The applicant seeks authorization for the discharge of 257.1 cubic yards of fill and removal of 44,020 cubic yards of material from 4.184 acres of forested and herbaceous wetlands; and the discharge of 1,816.6 cubic yards of fill and the removal of 4,882 cubic yards of material from man-made ditches to create stormwater attenuation ponds, to improve ditch conveyance, or to install storm sewer conveyance pipes to reduce flooding in the Midway-Canaan community.
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 utilizes and modifies existing roadside ditches and swales already in place as drainage conveyance ditches. The three new drainage features (flood attenuation ponds) are located within or immediately abutting existing County rights-of-ways (ROW) and infrastructure. The applicant assessed in order to provide the necessary drainage improvements, there are limited options to avoid or minimize impacts to wetlands and drainage conveyance ditches. The only alternatives to utilizing existing county owned parcels would be to acquire private parcels and remove existing development. Due to the urban, highly degraded condition of the wetlands and man-made non-wetland waters (NWWs), the cost of alternatives far outweighs the benefit of avoiding these impacts, which will be fully mitigated via the purchase of credits at a regionally significant mitigation bank with greater certainty of the long-term sustainability of wetland functions.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the wetland environment:
The total functional loss to jurisdictional features from the unavoidable proposed project impacts is 1.74 units. The 4.184 acres of direct impacts and 0.528 acres of indirect impacts to wetlands will be mitigated via the purchase of 1.74 WRAP credits from the Colbert-Cameron Mitigation Bank, a regionally significant mitigation bank with greater certainty of the long-term viability of wetland functions than the onsite wetlands.
CULTURAL RESOURCES:
On October 18, 2023, the Florida Division of Historical Resources provided written concurrence with the findings of an archaeological field survey that was conducted in July 2022, and February 2023, which identified one newly recorded historic structure remnant, Foundation Row (8SE03294) within the proposed site for Pond 2-3, that the proposed project will have no adverse effect on historic properties listed, or eligible for listing, in the National Register of Historic Places (NRHP), or otherwise of historical, archaeological, or architectural value within the surveyed APE.
ENDANGERED SPECIES:
Tricolored Bat (Perimyotis subflavus) – The proposed activities are not likely to adversely the tricolored bat.
West Indian Manatee (Trichechus manatus) – The proposed activities will have no effect on the West Indian Manatee.
Audubon’s Crested Caracara (Caracara plancus audubonii) – The proposed activities will have no effect on the Audubon’s crested caracara.
Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis) – The proposed activities will have no effect on the eastern black rail.
Everglade Snail Kite (Rostrhamus sociabilis plumbeus) – The proposed activities will have no effect on the Everglade snail kite.
Whooping Crane (Grus americana) – The proposed activities will have no effect on the whooping crane.
Wood Stork (Mycteria americana) – The project is not likely to adversely affect the species.
Eastern Indigo Snake (Drymarchon couperi) – The project is not likely to adversely affect the species.
Monarch Butterfly (Danaus plexippus) – The proposed activities will have no effect on the monarch butterfly.
Pygmy Fringe Tree (Chionanthus pygmaeus) – The proposed activities will have no effect on the pygmy fringe tree.
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.
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
Justin Riggs, in writing at the Albuquerque Permits Section, 200 E. Griggs Ave, Las Cruces, NM 88001; by electronic mail at Justin.C.Riggs@usace.army.mil; by telephone at (575) 652-4574 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, Justin Riggs, in writing at the Albuquerque Permits Section, 200 E. Griggs Ave, Las Cruces, NM 88001; by electronic mail at Justin.C.Riggs@usace.army.mil; by telephone at (575) 652-4574.
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:
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 St. Johns Water Management District.
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.