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:
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 john.m.baehre@usace.army.mil.
APPLICANT: Patty McLaughin
Resibuilt Homes, LLC
3630 Peachtree Road Northeast, Suite 1500
Atlanta, Georgia 30326
AGENT: David Melton
Austin Ecological Consultants, LLC
805 Verona Street
Kissimmee, Florida 34741
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Reedy Creek Swamp (HUC 030901010601). The project/review area is located at the intersection of Ham Brown Road and Freedom Road in Sections 13 and 24, Township 26 South, Range 28 East; at Latitude 28.215719, Longitude -81.463749; in Kissimmee, Osceola County, Florida.
EXISTING CONDITIONS: The ±19.64-acre Hammock Preserve Site currently supports four (4) 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). The onsite upland land use types/vegetative communities are classified as pine flatwoods (411), upland hardwood forest (420), and disturbed land (740). The on-site wetland land use types/vegetative communities are classified as mixed wetland forest (630).
PROJECT PURPOSE:
Basic: Residential
Overall: To develop a single-family residential community near major north/south roadways in Osceola County.
PROPOSED WORK: The applicant requests authorization to discharge clean fill material into ±0.85 acres of federally jurisdictional wetlands to construct a 146-unit, single family townhome subdivision and associated infrastructure.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“Due to the size, location, local government site plan criteria, and orientation of the wetlands that occupy the project site, the total avoidance of work affecting the waters of the U.S. is not practical. [The jurisdictional wetland proposed for impact] spans from the north to the south boundary of the parcel thereby making total avoidance of the impacts impracticable; however, ±0.17 acres of wetland will remain [post-development] demonstrating that impacts have been minimized to the greatest extent practicable.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has provided documentation of the purchase of 0.85 federal freshwater forested M-WRAP credits proposed as compensatory mitigation.
CULTURAL RESOURCES:
The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
No historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) are present within the Corps’ permit area; therefore, there will be no historic properties affected. The Corps subsequently requests concurrence from the SHPO and/or THPO.
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) (Project Code: 2025-0072553), 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.
The Corps has determined that the proposed project may affect, but is not likely to adversely affect the wood stork (Mycteria americana, Federally Threatened [FT]), eastern indigo snake (Drymarchon couperi, FT), and tricolored bat (Perimyotis subflavus, Proposed Federally Endangered [PFE]).
The Corps has determined that the proposed project will have no effect on Everglade snail kite (Rostrhamus sociabilis plumbeus, FE), Red-cockaded woodpecker (Picoides borealis, FE), Audubon’s crested caracara (Polyborus plancus audubonii, FT), Florida scrub-jay (Aphelocoma coerulescens, FT), eastern black rail (Laterallus jamaicensis ssp. Jamaicensis, FT), Florida panther (Puma [=Felis] concolor coryi, FE), puma (=mountain Lion) (Puma [=Felis] concolor [all subsp. except coryi], Similarity of Appearance Threatened [SAT]), sand skink (Plestiodon reynoldsi, FT), and American alligator (Alligator mississippiensis, SAT), and Florida bonneted bat (Eumops floridanus, Federally Endangered [FE]) (NABAT Unique Identifier – 9039).
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. (formerly State 404 App. 431702-001-SFI)
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 is required from the South Florida Water Management District (SFWMD). The project was authorized under 230215-37550.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SFWMD. 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 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. 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 July 14, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs, or to John Baehre at john.m.baehre@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: John Baehre, Cocoa Permits Section, 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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