SAJ-2024-02036 (SP-CMM)

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/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). The purpose of this public notice is to solicit comments from the public regarding the work described below:

APPLICANT: Robert Zlatkiss

                          American Saint Cloud Investments, LLC

                          964 Cypress Drive

          Delray Beach, FL 33483

AGENT:          Stephen Butler

                          Bio-Tech Consulting

                          3025 E. South Street

                          Orlando, FL 32803

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Friars Cove and Lake Tohopekaliga.  The project area is located on the West side of Canoe Creek Road, in Section 01, 02, 11 & 12, Township 27 South, Rage 30 East; at Latitude 28.322445 and Longitude -81.319395; in St. Cloud, Osceola County, Florida.

EXISTING CONDITIONS: The subject project site currently supports twelve (12) land use types/vegetative communities. 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 on-site upland land use types/vegetative communities are classified as Residential, Low Density (110; ±26.94 ac.), Improved Pastures (211; ±45.47 ac.), Citrus Groves (221; ±117.02 ac.), Pine Flatwoods (411; ±14.70 ac.), Hardwood-Conifer Mixed (434; 2.96 ac.), and Roads and Highways (814; ±1.29 ac.).

The onsite aquatic resources constitute a freshwater palustrine forested and non-forested systems. The boundaries of the aquatic resources have not yet been verified by the Corps. The on-site wetland/surface water land use types/vegetative communities are classified as Streams and Waterways (510; ±6.70 ac.), Reservoirs (534; ±5.78 ac.), Cypress (621; ±128.38 ac.), Hydric Pine Flatwoods (625; ±0.46 ac.), Vegetated Non-Forested Wetlands (640; ±1.28 ac.), and Freshwater Marsh (641; ±2.64 ac.).

The Corps has identified the following land cover types adjacent to the project area: Crop-and Pastureland; Disturbed Land; Low- and High-Density Residential; Mixed Forested Wetland; Non-Forested Vegetated Wetlands; Coniferous Forested Wetland; Reservoirs; Coniferous Forested Uplands; Roads and Highways; and Electrical Power Facilities. The project area is bounded roughly by Fanny Bass Pond to the north, Florida’s Turnpike (SR 91) to the west, Drawdy Bay to the south, and Canoe Creek Road to the east.

PROJECT PURPOSE:

Basic:  Residential Housing Development

Overall:  The overall project purpose is to create a mixed-use residential development, associated infrastructure and stormwater ponds and to provide a localized and regional residential area for northwest Osceola County. This work is proposed due to the increasing demand for affordable housing with the Osceola County area. The project proposes access roads, residential homes, and a stormwater management system.  The demand for the project revolves around the region’s strong housing market in terms of sales and permitting volume, a strong job growth market and a strong future jobs growth market.  Parameters considered in the appropriateness of the site to support Kissimmee and the region include access and proximity to major interstate road corridors, accessibility for daily residential commutes, regional shopping, and anticipated growth rates.

PROPOSED WORK The applicant seeks authorization to impact a total of 13.53 acres of federally jurisdictional aquatic resources on an approximately 346.30-acre parcel for the construction of a residential subdivision known as Canoe Creek Reserve. The impacts can be broken down to approximately 10.47 acres of direct impacts and 3.06 acres of secondary impacts across seven (7) aquatic resources. The project would be comprised of approximately 98.85 acres of residential development, 10.20 acres of commercial and future development, and 100.65 acres of infrastructure (green space, roads, stormwater ponds, etc.). The applicant has also proposed to preserve approximately 136.60 acres of onsite forested wetlands and their adjacent upland buffers.

AVOIDANCE AND MINIMIZATION: The applicant has stated that the current proposed site plan is the result of several plan iterations and evaluation of alternatives with input from the U.S Fish and Wildlife Service, the Florida Fish and Wildlife Commission, and the South Florida Water Management District which has already issued an associated Individual Environmental Resource Permit (ERP No. 49-107831-P; Appl. No. 220923-36054; issued 08 NOV 2023). The project has been designed to avoid impacts to the larger and higher quality forested wetland systems throughout the site. Road crossings are proposed at the narrowest portion of the wetlands to minimize impacts. Several road crossings would include wildlife corridors with large box culverts for both wetland dependent and upland species to cross under the roadways. Speed limits and wildlife crossing signage would be utilized in these areas. The overall project plan has been designed to leave the larger wetland systems around the perimeter of the project that are eventually connected to Friar’s Cove and Lake Tohopekaliga to the east to the greatest extent possible. In order to accomplish this, impacts are proposed to the smaller isolated interior wetlands and pasture wetlands. Many of the proposed wetland impacts would be to lower quality wetland pasture areas adjacent to higher quality forested systems. The exception to this is the project’s main entrance framework/roadway (Mildred Bass Road Extension); whose location and dimensions have been dictated by the Osceola County Public Works Department. The applicant has attempted to reduce wetland impacts to the greatest extent practicable given the geographic constraints of the aquatic resources on the site. The applicant has stated the project would avoid approximately 123.89 acres of aquatic resources. The project would also include approximately 12.71 acres of upland buffers, to further protect the avoided aquatic resources.

Several site design configurations were evaluated during the planning of The Grow development. The proposed impacted interior wetland systems are generally hydrologically isolated and of lower quality due to lack of any natural buffers, cattle grazing/waste, and land management activities.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The project would result in direct impacts to 10.47 acres of wetlands/surface waters and 3.06 acres of secondary impacts across seven (7) aquatic resources. These impacts would result in a functional loss of 5.76 units (Wetland Rapid Assessment Procedure (WRAP) methodology). The applicant has proposed to purchase 5.76 Federal Palustrine wetland mitigation credits (WRAP) from the Florida Mitigation Bank to offset this functional loss.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, utilizing the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

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 structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department Environmental Protection.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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.  A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 3, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Corey Maier at corey.m.maier@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Corey Maier, 400 High Point Drive Suite 600 Cocoa, FL 32926.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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