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: Walton Acquisitions FL, LLC
c/o Wayne G. Souza
8390 Champions Gate Blvd
Champions Gate, FL 33896
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Itchepackesassa Creek. The project site is located south of E Knights Griffin Road, east of Frazier Lane, west of Charlie Taylor Road, and north of Midway Road, in Sections 02, 11, and 14, Township 28 South, Range 22 East in Plant City, Florida.
Directions to the site are as follows: From I-4, take the Nature Park Road exit and head north. Turn right onto North Frontage Road and head east. Turn left onto Charlie Taylor Road. Turn left onto Midway Road. The project area is located on the north side of Midway Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.073122°
Longitude: -82.079732°
PROJECT PURPOSE:
Basic: Mixed Use Development
Overall: Mixed residential/commercial/office development in Plant City, Florida, in proximity to I-4.
EXISTING CONDITIONS: The project area is 545 acres of mostly improved pasture. The site contains approximately 70 acres of freshwater wetlands and 10 acres of surface waters. The wetland systems include herbaceous marsh, wet prairie and cypress wetlands.
PROPOSED WORK: The applicant seeks authorization to fill 3.98 acres of jurisdictional wetlands and 4.2 acres of jurisdictional surface waters to construct a mixed use development known as Varrea II.
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 final site plan has minimized the impacts to 3.98 acres of jurisdictional wetlands and 4.2 acres of other waters of the US, largely due to their incorporation into the stormwater management system. Most of the wetlands within the project area have been previously impacted by agricultural operations and converted to open water ponds with steep side slopes and floating vegetation. In designing the proposed development layout, an overall quality assessment of the wetlands and other waters was performed, and impacts to the higher quality, more native, and forested wetland systems was avoided to the greatest extent practicable. Incorporation of the previously excavated wetland systems into the stormwater management system will not result in a net functional loss. Crossing of the channelized natural flow way is necessary to allow for ingress/egress for the western portion of the development.
Wetland impacts with the final plan have been reduced from the available 80.8 acres of aquatic resources to just 12.79 acres, preserving 84% of onsite wetlands and other surface waters. These impacts are necessary to allow for access to the site as well as to allow for the design of a feasible mixed-use development with appropriate surface water management that meets all state and local water quality and quantity design criteria. The plan as presented in this application poses the least impacts to onsite natural resources to construct the project.
Adverse impacts to onsite and adjacent aquatic resources will be minimized with the utilization of appropriate best management practices during construction. In addition, the construction of the proposed stormwater ponds will provide a net benefit to downstream receiving waters by affording treatment to collected surface waters prior to exiting the property.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase federal mitigation bank credits.
CULTURAL RESOURCES: The Corps has determined the project will have no effect on properties listed or eligible for listing in the National Register of Historic Places, based on the results of a Cultural Resources Assessment Survey provided by the applicant.
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 Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > MANLAA pursuant to the Key. A final effect determination will be made after the applicant has submitted all necessary information regarding compensatory mitigation.
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): The project is in the upper reaches of an inland freshwater system. The project will not affect EFH.
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 lines have been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification is required from the Southwest Florida Water Management District.
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 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 electronic mail at Jessica.L.Cordwell@usace.army.mil; by facsimile transmission at (813)769-7061; or by telephone at (813)769-7067.
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.