Public Notice Notifications

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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-2015-03168 (SP-EWG)

Published March 1, 2017
Expiration date: 3/21/2017
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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Englewood Ventures, LLC.
c/o Richard Tasca
1 Custom House Suite 4
Providence, RI. 02903

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the onsite wetlands which flow into Forked Creek and then unto Lemon Bay. The project is located at the intersection of SR 776 (North Indiana Avenue) and Old Englewood Road, Sections 24, Township 40 South, Range 19 East, Englewood, Sarasota County, Florida.

Directions to the site are as follows: Take I-75 south to exit 193 Jacaranda Boulevard. Travel Jacaranda Boulevard 5.25 miles south and turn left on Englewood Road. The project would be 4 miles south to your right at the intersection of North Indiana Avenue and Old Englewood Road.

Latitude: 26.988842°
Longitude: -82.368192°

PROJECT PURPOSE: Mixed use development.
Basic: Housing & Commercial Development.
Overall: The project as proposed would built residential units, commercial office complex, stormwater management system, and associated infrastructures.

EXISTING CONDITIONS: The project area consist of FLUCCS Code 619, Exotic Wetland Hardwoods. This wetland is dominated by a monoculture of Brazilian pepper (Schinus terebinthifolius), wax myrtle (Myrica cerifera) small area of Carolina willow (Salix caroliniana) and primrose willow (Ludwigia peruviana). There are 3.89 acres of exotic wetland hardwoods (FLUCCS 619) located within the project area.

FLUCCS Code 110, Residential Low Density One single family home was present on the site some time ago but has since been removed.

FLUCFCS Code 438, Mixed Hardwoods Areas of mixed hardwoods are found adjacent to wetlands to the south. These areas contain a mix of hardwood canopy species with live oak and laurel oak being dominant. Understory vegetation varies, but may include species associated with pine flatwoods and/or mesic hammock.

PROPOSED WORK: The applicant seeks authorization to construct 32 residential units, a 16,000 square foot office complex, a Storm water management system, and associated infrastructures. The proposed project would impact 1.64± acres of wetlands from a total of 3.89± acres of Waters of the United States (WOTUS) within the project footprint.

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: The applicant worked on this property design layout for many years. Several design concepts were reviewed before a final design was accepted by Sarasota County during the approval of the rezone. The location of this proposed use was limited by the zoning requirements, traffic access to the north and south portion of the property for adequate utilization of the property and the location. Due to this site being extremely constrained, impacts to this most disturbed areas of this wetland were unavoidable. This site was selected due to its uniqueness as a mixed use single-family with the potential of small retail.

The applicant worked closely to avoid and minimize jurisdictional wetland impacts to the maximum extent feasible. In total, the project site supports 3.89 acres of jurisdictional wetlands. The project proposes to dredge or fill 1.64 acres of low quality wetlands. The project will avoid 2.25 of onsite jurisdictional wetlands. The Uniform Mitigation Assessment Method (UMAM) analysis completed by the consultants for the impacts of 1.64 acres of jurisdictional wetlands identified a Function Loss of 0.26 units.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The project proposes to offset the 1.64 acres of ACOE jurisdictional wetland impacts by preforming wetland restoration for the remainder 2.25 acres of highly disturbed wetland. By providing mitigation for the disturbed wetland impacts with significantly higher quality wetland (restauration) the project would provide a functional gain of 0.39 units that will consist of 0.09 acre of creation and 0.30 acres restoration for a total of 0.39 acres of mitigation based on UMAM.

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 determined the proposed project “may affect, but is not likely to adversely affect” the wood stork (Mycteeria Americana) or its designated critical habitat. No further action is required. This determination was based on use of the wood stork Effect Determination Key (May 18, 2010). Sequence: A > B > C > E “not likely to adversely affect”. With an outcome of "no effect" or "NLAA as outlined in this key, and the project has less than 20.2 hectares (50 acres) of wetland impacts, the requirements of section 7 of the Act are fulfilled for the wood stork and no further action is required.

The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the eastern indigo snake (Drymarchon corais couperi). This determination based on use of the Eastern Indigo Snake Programmatic Concurrence Key (January 25, 2010). No further action is required. Sequence: A > B > C > “not likely to adversely affect”. Based upon the NLAA determination for the Eastern Indigo Snake 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 30 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; 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.