Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2015-03799 (SP-JLC)

Published April 17, 2017
Expiration date: 5/8/2017

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: Lake Flores I, LLC
Lake Flores East, LLC
P.O. Box 31
Bradenton, FL 34206

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Sarasota Bay. The project site is located north of El Conquistador Parkway and east and west of 75th Street West south of Cortez Road. The western limits are at 84th Street West. The eastern limits are at 71st Street West south of Cortez Road, 66th Street West south of 3rd Place and 51st Street West south of 53rd Avenue west, within unincorporated Manatee County, Florida.

Directions to the site are as follows: Proceed west on Cortez Road to the intersection of Cortez Road and 75th Street West. Turn south on 75th Street West and continue south on 75th Street West to a point of intersection with 53rd Avenue West. Continue south on 75th Street West (now called El Conquistador Parkway) and follow bearing east to a point of intersection with 51st Street West. The project site is on either side of 75th Street West and north of El Conquistador Parkway.

APPROXIMATE CENTRAL COORDINATES: Latitude:
Latitude: 27.446458°
Longitude: -82.639789°

 

PROJECT PURPOSE:
Basic: Mixed-use development
Overall: Mixed-use town center development to include residential, retail, office and like kind support facilities in western Manatee County, Florida.

EXISTING CONDITIONS: The 1,274.5 acre parcel consists primarily of agricultural land under active and inactive cultivation. The site contains approximately 89 acres of agricultural ditches, 17 acres of excavated ponds and 39 acres of freshwater wetland systems. The onsite vegetation consists of the following:

Agricultural land (FLUCCS 200) represents 987.4 acres of the land or 77% of the total acreage. These lands are interspersed with a mix of wooded and/or shrub dominated stands of exotic species such as Brazilian Pepper (143 acres--FLUCCS 422), Melaleuca (0.9 acres--FLUCCS 424), and Australian Pine (14.3 acres--FLUCCS 437). Other native or altered native upland communities include Pine-Mesic Oak (18 acres--FLUCCS 414), Pine-Mesic Oak, Altered (4.7 acres--FLUCCS 4141), Temperate Hardwoods (6.1 acres--FLUCCS 425), Temperate Hardwoods, Altered (4.7 acres--FLUCCS 4251) and Hardwood Conifer Mixed, Altered (6.7 acres--FLUCCS 4341). Grassed playfields comprise 10.6 acres (FLUCCS 180 - Recreational).

The site has 32 wetlands totaling approximately 39 acres. Most on site wetlands that are within the main body of the project site are vegetated with dense Brazilian pepper. The area surrounding the project area consists largely of urban development containing a mix of commercial and residential uses. The land located south and southwest of El Conquistador Parkway, the southern boundary of the project site, is an undeveloped tidal marsh abutting the Gulf of Mexico. Several large tidal drainage canals are present along the southern boundary of the project area. These canals support mangroves in their tidal reaches.

PROPOSED WORK: The applicant seeks authorization to fill 25.87 acres of wetlands, 89 acres of agricultural ditches and 17 acres of ponds for the construction of a mixed use town center development known as “Lake Flores.” The work is proposed in accordance with the attached site plans.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following statement in support of efforts to avoid and/or minimize impacts to the aquatic environment: “The Applicant has taken practicable and appropriate steps to minimize and avoid the potential for adverse impacts to the aquatic ecosystem. In doing so, the Applicant has sought to fully comply with the regulatory framework imposed by Manatee County through its Comprehensive Plan and zoning for the project site. Consistent with 40 C.F.R. Section 230.3(q) the wetlands to be impacted are those that are appropriate given the assessment of functions and values and the necessity for developing the project so that the County’s long-term vision and organizational principles for planned development are met. These require that land uses be placed so as to insure that the physical characteristics of the developed land are in a proper relationship to available infrastructure and to other land uses so as to promote sustainable development and a predictable and functional urban form.

As reflected on the proposed site plan for Lake Flores, impacts to wetlands will occur, but in each instance the impacts are to wetlands with materially compromised values and in locations where the impact cannot be avoided if the development is to meet the test of developing in a manner that supports the urban form imposed by Manatee County.”

COMPENSATORY MITIGATION – The applicant has provided the following information with regards to the proposed compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to undertake on-site permittee-responsible mitigation by performing 8.05 acres of wetland restoration, 4.84 acres of wetland enhancement and 23.65 acres of wetland creation.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has made the preliminary determination of “may affect, not likely to adversely affect” (MANLAA) for the endangered wood stork (Mycteria americana). Potential impacts to the wood stork were evaluated using the Wood Stork Effect Determination Key dated September, 2008 (Key). The Key rendered the following sequential determination of A > B > C > D > E > MANLAA pursuant to the Key.

The Corps has made the determination of MANLAA for the federally threatened eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Key dated January 25, 2010, and updated August 13, 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > MANLAA pursuant to the Key. This determination is partially based on the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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.

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 jurisdictional line has been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification is required from the Southwest Florida Water Management District (SWFWMD). The project is being reviewed by the SWFWMD under application no. 738427

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610 within 21 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Jessica Cordwell, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120 Tampa, Florida 33610, by telephone at (813)769-7067, by fax at (813)769-7061, or by electronic mail at Jessica.L.Cordwell@usace.army.mil.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

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, aesthetics, 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.

The US Army Corps of Engineers (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 also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.