SAJ-2004-03712 (SP-EWG)

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 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Lennar Homes, LLC
C/O Mr. Parker Hirons
4600 West Cypress Street, Suite 300
Tampa, FL 33607

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Fivemile Creek, Crystal-Pithlachascotee and Hillsborough Basins. The project site is located approximately 2 miles east of US 41 at the terminus of Connerton Blvd in Pasco County, Florida – Sections 13, 24, and 25 Township 25 South, and Range 18 East; and Sections 17 – 20, 30 & 31, Township 25 South, and Range 19 East.

Directions to the site are as follows: Take I-75 north from Tampa; Exit onto SR 56 West; Continue west on SR 56 to SR 54 West; Take SR 54 west to US Hwy. 41 North; Take US Hwy. 41 north for approximately 7.25 miles to Connerton Blvd.; Turn east onto Connerton Blvd.; Project site is at the east terminus of Connerton Blvd.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.290800°
Longitude: -82.442500°

PROJECT PURPOSE:
Basic: Construction of a residential subdivision.
Overall: Continue construction of development parcels within the Connerton Development of Regional Impact (DRI) project, a master-planned single-family residential community, including residential lots, roadways, surface water management system, elevated boardwalks and supporting infrastructure.

EXISTING CONDITIONS: Connerton was approved as a Development of Regional Impact (DRI) in 2000 (DRI#233). The original DRI project was 8,036 acres with the acreage to be divided into eight (8) Villages for development purposes. In subsequent property transactions, the Southwest Florida Water Management District (SWWMD) purchased approximately 2,981 acres along SR 52 in the northern portion of the DRI lands for preservation, the development of wildlife corridors, and passive recreation within the central core of Pasco County. A neighboring development purchased approximately 81 acres in the southern portion. In 2002 a permit application was submitted to the Corps which covered Village Area 1 (Village 1), approximately 613 acres of property. The Corps issued Individual Permit No. SAJ-2002-2340 in 2004.

In 2004 a permit application was submitted to the Corps for development of the remainder of the contiguous DRI acreage known as Permit Area 2, Villages 2 – 4, approximately 2,915.4 acres. The Corps issued Individual Permit No. SAJ-2004-3712 for Permit Area 2, Villages 2 – 4 in 2006. The permit authorized 103.73 acres of impacts to jurisdictional wetlands and 45.58 acres of impacts to non-jurisdictional wetlands. The permit expired in January 2016 before all authorized activities were completed.

On August 2018 the Corps authorized the development of 363.19 acres compromised of the land area within parcels 208, 209, 218, Regional County Park, Symphony Parkway, & Boardwalk located west of and adjacent to Connerton Villages 3 & 4.

The Connerton Village 3 & 4 project areas are the subject of this application. The majority of the tract is comprised of improved pastures and oak and pine dominated canopy, forested wetlands, and herbaceous wetlands (Land Use Map). None of these vegetation types found on the site are unique or endemic to Pasco County. All of the site has been converted to agriculture and is currently used for cattle operations.

The project area is comprised of approximately 415.73 acres of wetlands out of which based on the 2004 permit and filed visit on 2019 the applicant maintains that 327 acres are jurisdictional wetlands and ditches and 88.73 acres of non-jurisdictional wetlands.

PROPOSED WORK: The applicant seeks authorization to develop 1,566 acres of land to build a residential development known as Connerton Villages 3 & 4. The project, as proposed, consists of a mix of single and multi-family units with supporting infrastructure, transportation access, surface water management, and utility services, and community amenities. The project will result in 36.71 acres of permanent jurisdictional wetland impacts and 0.09-acre temporary impacts. The permanent jurisdictional impacts of 36.71 acres will result in a project total Functional Loss (FL) of 21.48 units: non-forested wetland FL =10.82; forested wetland FL = 10.66.

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: During the site planning process for the current application, several design factors were considered and evaluated, which ultimately resulted in a slightly modified site plan. Compared to the previous permit (SAJ-2004-03712 (IP-TEH)), the new plan minimizes impacts to wetlands and results in three new proposed permanent impacts to jurisdictional wetlands (3.46 ac.) and four temporary impacts (0.09 ac.).

Factors that influenced in the updated site plan development included, but were not limited to, the following: (1) Updating lot layout to address changes and current preferences in the local residential market/product demand, (2) Revising the internal surface water / storm water management facilities, (3) Revisions to the transportation design to account for updated residential lot layouts and to provide safer/improved transportation corridors, (4) Realignment of the Collier Parkway extension to reflect the Pasco County approved future alignment, and (5) Updating the development for consistency with Pasco County's Comprehensive Plan and Land Development Code.

The final plan includes a reduction of the number of residential lots, realignment of the associated roads, and the reconfiguration and resizing of several surface water / storm water management system ponds. In total, the updated plan resulted in the avoidance of six impacts totaling 10.93 acres that were previously authorized under SAJ-2004-03712 (IP-TEH). The most significant of the eliminated wetland impacts included the removal of 5.8 acres of impact to Wetland 373 and 3.61 acres of impact to Wetland 61B, as well as several other smaller impacts.

Concerning the three proposed jurisdictional impacts, a realignment of the future Collier Parkway extension to the west of its previous planned location resulted in an adjustment to the development plan that required a new impact.

The Collier Parkway realignment within the Connerton DRI is the result of a route study conducted by TBE Group, Inc. on behalf of Pasco County. The study evaluated nine route alignments, with each alignment evaluated for environmental, cultural resources, community impacts, project costs, safety, and long-range planning, before deciding on the selected alternative, which was presented to and ultimately approved by Pasco County. The resulting mandatory realignment required an adjustment to the site plan, which resulted in a proposed 3.28-acre impact to Wetland 319 associated with the stormwater management system. The second proposed impact with this application is to Wetland 269B (0.07 ac.) and is needed for a road crossing to support the internal traffic movement and neighborhood connectivity. The final proposed impact is to Wetland 283 (0.1 ac.) and is required to address future road improvements to the planned Ehren Cutoff and Collier Parkway intersection. The remaining proposed permanent wetland / waters impacts with this application are identical to the previously approved acreages.

Finally, the project also includes an approximate 0.1-acre temporary wetland associated with the construction of a boardwalk and two observation piers. The boardwalk and piers are an extension of the existing recreational trail system throughout the Connerton development and will provide pedestrian access across the project.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The Mitigation Plan for the Project involves the purchase of mitigation credits from a federally approved wetland mitigation bank within the same watersheds as the project area. The proposed development is considered a long-term project which will require multiple ERP’s over the course of several years. As such, the applicant will provide the required mitigation based on project phasing and consistent with ERP’s issued with each phase of development. The number of credits to be purchased on a per phase basis, based on the function loss associated with the approved wetland impacts, is detailed in the table below:

CULTURAL RESOURCES: In October 2001, Janus Research conducted a desktop analysis and reconnaissance survey of Connerton. The survey identified 3 archaeological resources (8PA42, 8PA1365, and 8PA1367) within the project area and 13 historic resources in the vicinity of the project area. Phase I testing was recommended for the three archaeological resources to define site boundaries and determine their eligibility for inclusion in the National Register of Historic Places (NRHP). The thirteen historic resources were determined to be ineligible for listing in the NRHP. However, documentation was recommended only for the three historic resources included within the project's Area of Potential Effects (APE). Finally, several other areas of archaeological site potential were identified within the project area that were recommended for testing to ensure that no resources eligible for the NRHP were located within these areas.

The CRAS of the Connerton DRI project area resulted in the identification of five newly recorded archaeological sites (8PA530, 8PA537, 8PA551, 8PA1365, and 8PA1367), one previously recorded archaeological site (8PA42), and three newly recorded historic resources (8PA434, 8PA508-509) within the project APE. The six archaeological sites consist of sparse lithic and ceramic scatters, one (8PA42) of which dated to the Middle Archaic period and three (8PA530, 8PA537, and 8PA1365) of which date to the Weeden Island period. Due to their sparse and relatively mundane archaeological assemblages, none are considered potentially eligible for listing in the NRHP.

The three historic resources were all frame vernacular structures dating between circa 1930 and 1940. None of these resources is considered individually listed in the NRHP due to their common design or non-historic modification has compromised their integrity. Furthermore, the neighborhoods located within the project APE do not have a cohesive architectural character as the majority of the buildings are non-historic and many exhibit modifications that compromise their integrity. Consequently, they do not contribute to a potential historic district. On 12 December 2001, Frederick Goske, Deputy SHPO signed concurrence with the Janus findings.

More recently, SHPO was reengaged as a part of a Due Diligence review of Villages 3 & 4 which relied on 2001 CRAS. For this review, SHPO again issued the opinion in a July 2018 letter that work on the site is unlikely to affect historic properties, with the standard condition stating that should something be encountered SHPO should be contacted.

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 determined the proposed project may affect, the Eastern indigo snake (Drymarchon corais couperi). Also, the Corps determined the proposal “may affect not likely to adversely affect” the Wood Stork (Mycteria americana), and the Florida scrub jay (Aphelocoma coerulescens).

Eastern Indigo Snake (Drymarchon corais couperi): The Corps completed an evaluation of the project based upon the August 13, 2013 updated addendum to the January 2010 North and South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Eastern Indigo Snake. Use of the Key for the Eastern Indigo Snake resulted in the following sequential determination: A >B >C >D “may affect”. The Corps has preliminarily determined that the proposed project “may affect” the Eastern Indigo Snake. The Corps will request initiation of informal consultation with the USFWS pursuant to Section 7 of the Endangered Species Act by separate letter.

Florida scrub jay (Aphelocoma coerulescens): The project area is within the consultation area for the Florida scrub jay. The Corps has made the preliminary determined the proposal “may affect, not likely to adversely affect” the Florida scrub jay (Aphelocoma coerulescens) or its designated critical habitat. This determination is based on review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

Wood stork (Mycteria americana): Based upon review of the Wood Stork Key for Central and North Peninsular Florida dated September 2008, the proposed project resulted in the following sequential determination: A > B > C > D > E = “may affect, not likely to adversely affect” the wood stork. This determination is based on the project not being located within 2,500 feet of an active colony site; impacts to suitable foraging habitat (SFH), project impacts to SFH are greater than 0.5 acre, project impacts to SFH being mitigated in accordance with CWA section 404(b)(1) guidelines, consistent with the HMG within the appropriate CFA, and habitat enhancements match the hydroperiod of the wetlands affected and provide higher foraging value than impacted wetlands. Based upon the NLAA determination for the Wood Stork no further coordination is required.

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 as the project is inland of fisheries resources. 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 not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification will be required from the state Water Management Districts.

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, Florida 33610 within 25 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, Edgar W. Garcia, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at edgar.w.garcia@usace.army.mil; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7062.

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, 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.

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. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the 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.