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: The School District of Osceola County
POC: Dave Sharma
809 Bill Beck Blvd
Kissimmee, Florida 34744
WATERWAY AND LOCATION: The project would affect aquatic resources associated with wetlands located northwest of Lake Lizzie. The project site is located at 5800 Nova Road, in St. Cloud, Osceola County, FL 34771.
Directions to the site are as follows: From Kissimmee, Florida travel East onto US-192/ US-441 South/ East Vine Street for about 12.5 miles, then turn left onto Nova Road/ County Hwy-532, continue straight for 1.4-mile, then arrive at the project site on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.2649 °
Longitude - 81.17591 °
PROJECT PURPOSE:
Basic: The basic purpose is to construct a public school and associated infrastructure.
Overall: The overall project purpose is to construct a public school and associated infrastructure to accommodate increased residential development in the surrounding area.
EXISTING CONDITIONS: The project site contains approximately 23 acres of forested wetlands, non-forested wetlands, and surface waters. The total project area is approximately 72.52 acres and includes a majority of uplands. The existing area surrounding the project area consists of mostly transportation, residential, and commercial infrastructure.
There is unimproved pasture (FLUCCS 210) within the project boundary. This upland community type is characterized by open grasslands with a few mature trees present. Dominant vegetation includes Bahia grass, ragweed (Ambrosia artemisiifolia), cogon grass, blackberry bush, and dog fennel. Live oak (Quercus virginiana), slash pine (Pinus elliottii), and turkey oak (Quercus laevis) occur sporadically. Hardwood-Conifer Mixed (FLUCCS 434): This community type is characterized by a canopy dominated with slash pine, live oak and monkey earpod trees (Enterolobium cyclocarpum). Groundcover was sparse with beauty berry (Callicarpa americana), tropical soda apple (Solanum viarum), and blackberry bush.
Ditch FLUCCS 510: A drainage ditch comprises approximately 0.5 acre of the property, and vegetation within the ditch consists mainly of soft rush (Juncus effusus), and duck potato (Sagittaria lancifolia). Reservoirs FLUCCS 530: There are two (2) separate surface waters within this land use. The hydric-cut (OSW1) shallow reservoir within Wetland 1 (W1) has vegetation consisting mainly of white waterlilies (Nymphaea odorata). The deeper 3.78-acre cattle pond (OSW2) has perimeter vegetation consisting mainly of bushy broomsedge (Andropogon glomeratus), cat tails (Typha spp.), and white waterlilies (Nymphaea odorata) in deeper water.
Wetland Forested Mixed (FLUCCS 630): The forested portion of Wetland 1 (W1B) is approximately 4.32 acres in size. The core of this wetland community is characterized by cypress trees (Taxodium distichum), bay trees (Persea palustris), sweet bay (Magnolia virginiana), and laurel oak (Quercus laurifolia). Wax myrtle (Myrica cerifera), fetterbush (Lyonia lucida), and Brazilian pepper (Schinus terebinthifolia) are present in the shrub layer. Groundcover consisted of Cinnamon fern, royal fern (Osmunda regalis), Peruvian primrose (Ludwigia peruviana), cogon grass (Imperata cylindrica), and climbing fern (Lygodium spp.). Vegetated Non-forested Wetland (FLUCCS 640) The herbaceous portion of Wetland 1 (W1A) consists of dog fennel (Eupatoriumcapillifolium), broomsedge (Andropogon spp.), soft rush (Juncuseffusus), sundew (Drosera spp.), pitcher plants (Sarracenia spp.), blackberry bush (Rubus spp.), goldenrod (Solidago spp.), beakrush (Rhynchospora spp.), with patches of Bahiagrass (Paspalum notatum), and cogon grass (Imperata cylindrica) along its outer reaches. Disturbed Lands (FLUCCS 740): This area has been cleared and graded within an easement and is mostly devoid of vegetation.
PROPOSED WORK: The applicant seeks authorization to dredge/discharge 97,256 cubic yards of fill material into/from approximately 23 acres of forested wetlands, non-forested wetlands, and surface waters for the construction of a public school and associated infrastructure. Most impacts proposed result from the discharge of fill material for grading/drainage activities and stormwater drainage features within the project site.
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:
“In effort to maximize avoidance and minimization of wetland impacts was attempted via several designs before the final site design. As the project is within a flood plain, compensatory onsite storage necessitated several retention ponds. In addition, the Florida Department of Education (FLDOE) “State Requirement of Educational Facilities 2014”(SREF), and Rule 6A-2.010 of the Florida Administrative Code state requirements for education facilities limits designs to meet the State Uniform Building Code for Public Educational Facilities Construction (Chapter 1013 F.S, Section 37)”.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to purchase of Federal Palustrine wetland mitigation credits from TM Econ 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 Everglade Snail Kite (Rostrhamus sociabilis plumbeus), Audubon Crested Caracara (Caracara Caracara plancus audubonii), Wood Stork (Mycteria americana), and Eastern Indigo Snake (Drymarchon couperi) or its designated critical habitat. The Corps received U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): The project area is not located in EFH or associated to impacts to marine or estuarine environments. No potential impacts to EFH are proposed.
Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The proposed activity is not located in the vicinity of a federal navigation channel.
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 AND QUESTIONS: You may address comments or questions concerning the application to project manager, Kayla Roberts, in writing at the Evaluation Branch -Galveston District, 2000 Fort Point Road, Galveston Texas 77551, by email at: swg_public_notice@uasce.army.mil, or by telephone at (409)-766-3109 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.
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 will be required from the South Florida Water Management District or the Florida Department of Environmental Protection (FDEP). The project is being reviewed under SFWMD application No. 240105-41873.
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.