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 alexi.l.depp@usace.army.mil
APPLICANT: Phillip Charles Owen
Bryan and Charles, LLC
221 S Randolph Ave
Kissimmee, FL 34741
WATERWAY AND LOCATION: The project would affect aquatic resources associated with unnamed wetlands. The project site is located south of E Irlo Bronson Memorial Hwy and east of Bur Oak Blvd at latitude 28.244602° and longitude -81.2336°; in St. Cloud, Osceola County, Florida.
EXISTING CONDITIONS: The ±14.28-acre project site is currently undeveloped with single family development to the south and roadways to the north and west, and undeveloped wetlands to the east. The project site supports three (3) 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 Fixed Single-Family Units (121). The on-site wetland land use types/vegetative communities are classified as Bay Swamps (611), and mixed wetland forest (630).
PROJECT PURPOSE:
Basic: To construct a commercial development.
Overall: To construct three commercial buildings, parking lots, stormwater infrastructure, and all associated infrastructure, in St. Cloud, Osceola County.
PROPOSED WORK: The applicant requests authorization to fill 4.01 acres of wetlands (approximately 6470 CY of fill) for construction of office, retail, and restaurant commercial buildings.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“It is only with the Original Site Plan that the upland area along the western edge of the wetland is sufficiently utilized, and wetland impacts are minimized and avoided to the greatest extent possible while accommodating the needs of the project with a small footprint.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant has proposed purchase of mitigation bank credits from a mitigation bank.” The mitigation scores and final mitigation bank credit amount have not been finalized.
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, 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.
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]), and the project will not affect Florida bonneted bat (Eumops floridanus, Federally Endangered [FE]).
Basis for “not likely to adversely affect” determination for Wood Stork:
- Wood Stork: The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) Central and North Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (September 2008). Use of the Key for Wood Stork resulted in the following sequential determination: A, B, C = “not likely to adversely affect”. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.
Basis for "No effect" determination for Bonneted Bat:
- Florida Bonneted Bat: The RAR report identified the work area as part of the Florida Bonneted Bat consultation area The Corps completed an evaluation of the project based upon the U.S. Fish and Wildlife Service (FWS) Florida Ecological Services Field Offices Programmatic Concurrence for use with Florida Bonneted Bat Consultation Guidelines (October 2019, and 2024 Revision). Use of the Key for Bonneted Bat resulted in the following sequential determination: 1a, 2b = no effect. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.
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: The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). There is no habitat suitable for fish on site. 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.
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 is being reviewed under SFWMD application no. 250221-50415.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from South Florida Water Management District (SFWMD). The project is being reviewed under SFWMD application no. 250221-50415. 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. 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 24, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Alexi Depp at alexi.l.depp@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Alexi Depp, 400 High Point Dr. 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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