SAJ-2016-00317 (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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at corey.m.maier@usace.army.mil.

APPLICANT:    DAVID BASELICE

                          BEACHLINE SOUTH RESIDENTIAL, LLC

                          2450 MAITLAND CETNER PKWY, SUITE 300

            MAITLAND, FLORIDA 32751

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Boggy Branch.  The project site is located at Wewahootee Road; at latitude 28.443515° and longitude -81.208323°; in Orlando, Orange County, Florida.

EXISTING CONDITIONS: The project site is defined by a varied topography and diverse soil composition, which influence its hydrology. Based on the USGS Topographic Map (Narcoossee NW Quad), the uplands to the west of the Boggy Branch slough are primarily at an elevation of approximately 80 feet NGVD. Drainage patterns within the site direct water flow toward adjacent wetlands. The site comprises several soil types, including Pomello fine sand, which has gentle slopes and is moderately well-drained, featuring seasonal water tables that alternate between depths of 24 to 40 inches during wet periods. In contrast, St. Johns fine sand is characterized as poorly drained, with high water levels maintained for extended periods, while the Samsula-Hontoon-Basinger association includes very poorly drained soils found in freshwater marshes, often experiencing water ponding for six months or more.

The site supports five distinct land use types and vegetative communities, classified according to the Florida Land Use, Cover and Forms Classification System. Upland sections consist of three key classifications: Open Land, characterized by grasses such as bahiagrass and bermudagrass; Pine Flatwoods, which are populated with longleaf and slash pines along with species like saw palmetto; and Xeric Oak areas, which include scrub oak species amid sandy soils.

Wetland zones are classified as Bay Swamp and Freshwater Marsh. Bay Swamp areas contain species such as loblolly bay, sweetbay, and bald cypress, while Freshwater Marsh regions are home to herbaceous plants like bushy bluestem, spikerush, and sawgrass.        

PROJECT PURPOSE:

Basic: Multi-family Planned Residential Development

Overall: Multi-family Planned Residential Development to meet the demands of this type of housing in southeast Orange County

PROPOSED WORK:  The applicant requests authorization to fill 9.03-acres of unavoidable, permanent impacts to on-site wetlands/surface waters to facilitate the construction of the residential development.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“Several design configurations were evaluated during the planning of the proposed development. The proposed development of residential lots and stormwater management system is designed to avoid impacts to the higher quality cypress wetland systems throughout the site. These impacts are limited to the lower quality ecotone areas that are fire suppressed and provide little biological function. The current site design was determined to be the only practical alternative. Wetland impacts were required to provide enough density to make a financially viable product. The irregular shape of the wetland areas on both the east and west sides of the site constrain the developable uplands in between. The site constraints present a challenge for the design of access and interior road geometry. The layout must allow for the required densities while complying with local development code and design standards. Wetland impacts

In reviewing the proposed plan, the applicant has avoided and minimized wetland impacts to the greatest extent possible. The proposed impacts are consistent with the previously permitted under SAJ-2016-00317 (SP-JSC). Based on the site plan provide by Dewberry, direct wetland impacts within Phase N3 for Impact 3-2 has been reduced by 0.78-acres from what was previously permitted under SAJ-2016-00317 (SP-JSC).

Unavoidable secondary impacts as the result of the wetland fill impacts have been assessed in the SAJ-2016-00317 (SP-JSC) WRAP evaluations and mitigation are provided in the mitigation plan. Secondary impacts areas were extended 200-feet into the remaining on-site wetland.”

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

“Per conditions of the SAJ-2016-00317 (SP-JSC) permit, prior to construction the Permittee will provide verification to the Corps that 25.1 federal palustrine mitigation bank credits have been purchased from the Reedy Creek Mitigation Bank (SAJ-1995-07852). Please refer to the mitigation bank ledger for the Reedy Creek Mitigation Bank verifying the purchase of 25.1 credits.”

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, 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.

MANLAA = “May Affect, Not Likely to Adversely Affect”

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

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 of Environmental Protection (FDEP).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 May 30, 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, Florida 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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