DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS COCOA REGULATORY OFFICE 400 HIGH POINT DRIVE, SUITE 600 COCOA, FLORIDA 32926 REPLY TO ATTENTION OF April 13, 2018 Regulatory Division North Branch Permits Cocoa Permits Section PUBLIC NOTICE Permit Application No. SAJ-2017-03324 (SP-BJC) 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) as described below: APPLICANT: Ad 5 Commercial, LLC Attn: Alex Fridzon 1955 Harrison Street, Suite 200 Hollywood, FL 33020 WATERWAY AND LOCATION: The 57.60 ± acre Bali Boulevard project would affect waters of the United States associated with Big Creek-Palatlakaha River subwatershed within the Kissimmee subbasin (HUC 03080102). The project site is located just northwest of the intersection of C.R. 535 and Bali Boulevard, within Section 31, Township 24 South, Range 27 East in Orange County, Florida. Directions to the site are as follows: From FL 429 head west on FL 530, W Irlo Bronson Memorial Highway. Turn right at Avalon Road and make an immediate left onto Bali Boulevard. The project entrance is approximately a quarter of a mile from the intersection of Avalon Road and Bali Boulevard on the north side of Bali Boulevard. APPROXIMATE CENTRAL COORDINATES: Latitude: 28.351104° Longitude: -81.650522° PROJECT PURPOSE: Basic: Resort Development Overall: Construction of a commercial resort development in southwest Orange County, Florida. EXISTING CONDITIONS: The Bali Boulevard project site consists primarily of undeveloped land. A small paved parking lot exists on the southern boundary of the property. There is also a 6.2± acre borrow pit located in the central portion of the site. On-site vegetative communities and agricultural land uses documented on the Bali Boulevard project site were classified using the Florida Land Use Cover & Forms Classification System (FLUCFCS). Using data from aerial photography, published resources and by limited ground-truthing, a total of eight distinct vegetative communities have been documented on the project site. The location and extent of each mapped vegetative community / land use type is indicated on Figure 4. Detailed descriptions of each vegetative community and land use are outlined below: 414 – Pine / Mesic Oak Approximately half of the uplands onsite are classified as Pine – Mesic Oak. Canopy species consist of longleaf pine (Pinus palustris), slash pine (Pinus elliotti), laurel oak (Quercus laurifolia), water oak (Quercus nigra) and some live oak (Quercus virginiana). Understory species include saw palmetto (Prunus serotina), shiny lyonia (Lyonia lucida), galberry (Ilex glabra), grapevine (Vitus rotundifolia) and greenbriar (Smilax sp.). 421 – Xeric Oak The remainder of the upland are consist of the Xeric Oak land use type. Tree species include turkey oak (Quercus laevis) and sand live oak (Quercus geminata). Shrub and groundcover species include saw palmetto, tarflower (Bejaria racemosa), rusty lyonia (Lyonia ferruginea), broomsedge (Andropogon sp.) and wiregrass (Aristida stricta). 534 – Reservoirs Less Than 10 Acres In Size There is a 6.3 acre borrow pit located in the center of the site. Vegetation present within the borrow pit is limited to scattered fragrant water lily (Nymphaea odorata). 614 – Titi Swamp Located along the periphery of most of the herbaceous wetlands are dense bands of titi (Cyrilla racemiflora). 630 – Wetland Forested Mix The forested wetland found across much of the northwest corner of the site is best classified as Wetland Forested Mix. Canopy species include sweetbay (Magnolia virginiana), loblolly bay (Gordonia lasianthus), dahoon holly (Ilex cassine), pond pine (Pinus serotina), slash pine and water oak. Much of the understory has become infested with grapevine and greenbriar. Dense pockets of shiny lyonia are scattered throughout as well. 641 – Freshwater Marsh There are several wetland areas that are freshwater marsh communities. Vegetation consists of fragrant water lily, broomsedge, redroot (Lacnanthes caroliana), southern cut 2 grass (Leersia hexandra), maidencane (Panicum hemitomon), pickerel weed (Pontederia cordata) and duck potato (Sagittaria lancifolia). 644 – Emergent Aquatic Vegetation Mudd Lake and Grass Lake are best classified as Emergent Aquatic Vegetation. Vegetation consists primarily of fragrant water lily and spatterdock (Nuphar advena). These wetlands contain a moderate amount of open water. 818 – Auto Parking Facility A small parking lot is located on the southern boundary of the property along Bali Boulevard. PROPOSED WORK: The applicant seeks authorization to fill 8.56 acres of waters of the United States for construction of the Bali Boulevard commercial resort development. AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: “Deliberation was given to possible site layouts that provided for the intended onsite uses given the configuration of the parcel, the location, size and value of the wetlands and the need to provide efficient development space for an economically viable project. Jurisdictional wetlands for proposed for impact include W3, W4, and the Borrow Pit. The total jurisdictional wetland impact area is 8.56 acres. Due to the location of these wetlands and with consideration of the current function of these systems, preserving and incorporating the subject wetlands into the post-development condition would achieve little in terms of environmental benefit.” COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “The Bali Boulevard project site lies within the Reedy Creek Drainage Basin. The current proposed development of the project site will result in a total of 8.56 acres of wetland and surface water impacts. The mitigation plan involves purchasing wetland mitigation credits from the Southport Mitigation Bank (SMB). The Southport Mitigation Bank lies within the Reedy Creek Drainage Basin. Because all mitigation will occur within the same drainage basin as the proposed impacts, no adverse cumulative impacts will occur as a result of this project. The functions provided by wetlands and uplands within the SMB will offset the loss of any forage for wetland-dependent species, cover and refuge, and nesting opportunities that are lost as a result of wetland impacts associated with the Bali Boulevard project.” 3 CULTURAL RESOURCES: The Corps has not made an effect determination but is requesting a cultural resources assessment survey (CRAS) be conducted by an archeologist to identify and evaluate cultural resources within the proposed permit area. Upon receipt of the CRAS, the Corps will make an effect determination and initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter. ENDANGERED SPECIES: Wood Stork: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork and its designated critical habitat. The Corps completed an evaluation of the project based upon the US Fish and Wildlife Service (FWS) 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 (The project is more than 2,500 feet from a colony site.) > B (Project impacts SFH) >C (Impacts to SFH > 0.5 acres) >D (Project impacts to SFH within a Core Foraging Area of a colony site) >E (Project provides SFH compensation within the Service Area of a Service-approved wetland mitigation bank or wood stork conservation bank preferably within the CFA, or consists of SFH compensation within the CFA consisting of enhancement, restoration or creation in a project phased approach that provides an amount of habitat and foraging function equivalent to that of impacted SFH) = “not likely to adversely affect” for wood storks. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key. Eastern Indigo Snake: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake and its designated critical habitat. Based upon review of the Corps and Service’s Eastern Indigo Snake Programmatic Effect Determination Key (dated August 13, 2013), the proposed project resulted in the following sequential determination: A (The project is not located in open water or salt marsh.) >B (The permit will be conditioned for use of the Service’s Standard Protection Measures for the Eastern Indigo Snake during site preparation and protection construction.) >C (There are gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities) >D (The project will impact less than 25 acres of xeric habitat supporting less than 25 active and inactive gopher tortoise burrows) >E (Permit will be conditioned such that all gopher tortoise burrows, active or inactive, will be evacuated prior to site manipulation in the vicinity of the burrow.