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: William O’Connor
OC-IB II Property Owner, LLC
535 Madison Avenue, 6th Floor
New York, New York 10022
WATERWAY AND LOCATION: The Health Way roadway extension project would affect aquatic resources associated with Lake Tohopekaliga (HUC 030901010400). The project site is located parallel to Thatsa Bowl Boulevard; latitude 28.344585°, longitude -81.396876°; in Section 34, Township 24 South, Range 29 East, Kissimmee, Osceola County, Florida.
EXISTING CONDITIONS: The Health Way roadway extension project is proposed to stem south from Mary Louis Lane, parallelling Thatsa Bowl Boulevard, and terminating into the existing Healthy Way roadway beginning from East Osceola Parkway. The site currently supports five (5) 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 (FLUCCS, FDOT, 1999)
190 Open Land - This land use type can best describe the northern and southern portions of the Project Site. The southern area has previously been disturbed from permitted mass grading activities. Vegetation consists of scattered longleaf pine (Pinus palustris), bahiagrass (Paspalum notatum), rattlebox (Sesbania spp.), blackberry (Rubus spp.), Caesarweed (Urena lobata), and broomsedge (Andropogon virginicus).
410 – Upland Coniferous Forests This land use type can best describe the forested uplands in the northern portion of the Project Site. This area is dominated by longleaf pine with an understory of saw palmetto (Serenoa repens) with a minor component of
Brazilian pepper (Schinus terebinthifolius), loblolly pine (Pinus taeda), laurel oak (Quercus hemisphearica), scrub oak (Quercus inopina), and rusty lyonia (Lyonia ferruginea).
510 Ditch – Located between Altis Grand Twin Lakes and San Mateo Crossings lies a drainage conveyance that drains into W-C.
620 Wetland Coniferous Forests - This land use type best describes the forested wetlands in the northern portion of the Project Site. This area is dominated by loblolly pine with an understory of saw palmetto, and a minor component of longleaf pine, dahoon holly (Illex cassine), salt bush (Baccharis halimifolia), swamp bay (Persea palustris), and downy rose myrtle (Rhodomyrtus tomentosa). Brazilian pepper is also prevalent in the southern portion of the wetland system. Open areas with less canopy cover have an herbaceous groundcover consisting of bushy broomsedge (Andropogon virginicus var. glaucus), bahiagrass, yellow-eyed grass (Xyris spp.), blackberry, blazing star (Liatris spp.), goldenrod (Solidago spp.), and torpedo grass (Panicum repens).
640 Vegetated Non-Forested Wetland - This land use type best describes wetland W-B. This community type is dominated by bahiagrass, with other species of vegetation including meadowbeauty (Rhexia sp.), blue-eyed grass (Sisyrinchium spp.), yellow-eyed grass (Xyris spp.), road grass (Eleocharis spp.), tickseed (Coreopsis leavenworthii), spadeleaf (Centella asiatica), St. John’s wort (Hypericum spp.), and carpetgrass (Axonopus.spp.).
PROJECT PURPOSE:
Basic: Transportation
Overall: Provide additional transportation capacity necessary to improve regional connectivity within the Central Florida region.
PROPOSED WORK: The applicant requests authorization to discharge ±10,000 CY of clean fill into 2.91 acres of jurisdictional aquatic resources to construct the Healthy Way roadway extension from the existing terminus stemming from East Osceola Parkway, north to Mary Louis Lane.
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 location, extent, and size of the wetlands onsite there was no feasible way to avoid impacts. Deliberation was given to possible site layouts that provided for the intended onsite uses with consideration of existing surrounding land uses and long-term viability of preservation of the on-site wetlands. Consideration was also given to limitations imposed by the location, size and value of the wetlands and the need to provide services that are in the public interest and needs of the region. Construction of Healthy Way provides two purposes; both of which are in the public interest. Healthy Way will connect Osceola Parkway to Mary Louis Lane, providing an alternate service route for this densely populated region of Osceola County. Additionally, a new connection for bus traffic from OCSA will be developed and will connect to Healthy Way. The alignment of Healthy Way is limited by existing development including the Orlando Health Hospital and multi-family development to the east, and extensive wetlands, multi-family and office development to the west. The alignment as currently proposed, will use the existing access road along the west side of the Orlando Health Hospital, and extend northward along an already developed corridor.
The connection point of Healthy Way to Mary Louis Lane is dictated by the existing gas line easement, existing access road and existing buildings. The proposed improvements will provide significant public benefit by reducing traffic congestion, providing the required separate bus access for OCSA and improving traffic safety along this corridor.
The total proposed impacts include 2.91 acres of direct impact and 0.42 acres of secondary impact. This project is uniquely situated to provide the logical location for a roadway connection serving the high intensity development nearby. The Project Site is completely surrounded by existing mixed-use development including multi-family, institutional and office, and also lies within the Transit-Oriented Development (TOD) area of the previously permitted OCC. The Project Site is located in close proximity to four major roadways including Florida's Turnpike, the Greenway, Osceola Parkway and Orange Blossom Trail.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant proposes to purchase mitigation from a regionally significant mitigation bank to offset the proposed wetland impacts. It is generally accepted that the consolidation of multiple mitigation projects into larger contiguous areas such as the Florida Mitigation Bank provides greater assurance that the mitigation will yield long-term sustainable, regional ecological benefits. The use of the Florida Mitigation Bank would thus provide greater ecological benefit than long-term preservation of the wetlands proposed for impact. The proposed site plan, therefore, clearly represents the best balance considering the myriad of factors that had to be considered in terms of site planning, traffic circulation efficiency and impact.”
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 and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) (Project Code: 2025-0148270) 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 the proposed project may affect Tricolored bat (Perimyotis subflavus), wood stork (Mycteria americana), and eastern indigo snake (Drymarchon corais couperi).
The Corps Has determined that the proposed project will have no effect on Florida panther (Puma (=Felis) concolor coryi), Puma (=mountain Lion) (Puma (=Felis) concolor (all subsp. except coryi)), red-cockaded woodpecker (Picoides borealis), whooping crane (Grus americana), Everglade snail kite (Rostrhamus sociabilis plumbeus), American alligator (Alligator mississippiensis), blue-tail mole skink (Eumeces egregius lividus), sand skink (Neoseps reynoldsi), crested caracara (Caracara plancus audubonii), eastern black rail (Laterallus jamaicensis ssp. Jamaicensis), and monarch butterfly (Danaus Plexippus).
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.
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 South Florida Water Management District (SFWMD). The project is being reviewed under application no. 49-110200-P.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the 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. 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 October 13, 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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