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: Pasco Office Park, LLC
c/o Andre Carollo
8675 Hidden River Parkway
Tampa, Florida 33637
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Cypress Creek. The project site is located at 6225 Old Pasco Road, in Section 01, Township 26 South, Range 19 East, Wesley Chapel, Pasco County, Florida 33544.
Directions to the site are as follows: From I-75 N, take exit 279 for FL-54 toward Zephyrhills/Wesley Chapel. Turn left onto Wesley Chapel Blvd. Turn right onto Oakley Blvd. Turn left onto Old Pasco Rd. Turn right onto Boom Boom Dr. This is the site entrance.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.248384°
Longitude: -82.357675°
PROJECT PURPOSE:
Basic: Housing.
Overall: To construct a single-family residential development in central Pasco County near I-75 to meet local demand for single-family homes.
EXISTING CONDITIONS: The approximately 174 acre property is currently an 18-hole golf course. The majority of the property consists of maintained turf grasses such as bahia grass (Paspalum notatum) and bermudagrass (Cynodon sp.) with areas of scattered pine trees (Pinus spp.) and oak trees (Quercus spp.). The site supports ten (10) forested wetlands dominated primarily by cypress (Taxodium sp.), totaling approximately 26 acres. The site contains approximately 20 acres of shallow surface waters, including excavated ponds on wetland edges; a realigned and excavated natural flowing wetland strand; ditches; swales; permitted stormwater ponds; and an irrigation pond. The site is bordered by residential development.
PROPOSED WORK: The applicant seeks authorization to conduct filling activities in 13.18 acres of surface waters for construction of a single-family residential development known as “Siena Cove.” Proposed impacts to surface waters include permanent fill for lots and infrastructure, incorporation into floodplain compensation areas, and incorporation into the stormwater retention system.
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:
“Through careful planning of the site design, the Applicant has avoided impacts to the naturally occurring higher quality forested jurisdictional wetlands within the project limits. All proposed impacts will occur to non-jurisdictional surface waters or jurisdictional ditches, flow ways or ornamental water features that were man-made features. The majority of these waterbodies that are being impacted contain open water with a littoral fringe containing a high percentage of nuisance/exotic species thus offering reduced values and functions for fish and wildlife, both on site and downstream. The project design provides a bolstered drainage plan and improved water quality for the non-impacted forested wetland systems. The Applicant will utilize best management practices to minimize secondary impacts.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant states that mitigation may be accomplished by purchasing federal credits at a mitigation bank, or the applicant may pursue on-site permittee-responsible mitigation.
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.
A Cultural Resources Assessment Survey (CRAS) was conducted on the property in June 2006 and submitted to the State Historic Preservation Officer (SHPO). The SHPO issued a concurrence letter to the applicant (DHR File No. 2006-10334) on December 11, 2006, indicating that the project would not have an effect on cultural resources within the project area and no additional work was warranted.
ENDANGERED SPECIES:
The Corps made the preliminary determination of “may affect, not likely to adversely affect” for the federally threatened wood stork (Mycteria americana). The Corps evaluated potential impacts to the wood stork using the Wood Stork Effect Determination Key dated September, 2008 (Key). The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E “not likely to adversely affect” pursuant to the Key. The Corps will reach a final determination after receipt of the final compensatory mitigation plan and Wood Stork Foraging Habitat Assessment.
The Corps determined the proposal may affect, but is not likely to adversely affect the federally threatened eastern indigo snake (Drymarchon corais couperi). The Corps evaluated potential impacts to the eastern indigo snake using the Eastern Indigo Snake Programmatic Effect Determination Key (Key) dated January 25, 2010, and updated August 13, 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > “not likely to adversely affect” pursuant to the Key.
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. The proposal would impact inland freshwater resources. 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 wetland and surface water delineations have been verified by Corps personnel; however, the jurisdictional status of the aquatic resources has not been determined.
AUTHORIZATION FROM OTHER AGENCIES: The project is currently under review at the Southwest Florida Water Management District (application no. 769249).
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.