TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a request to modify, that is, to extend the time in which to complete work, under a previously issued Department of the Army permit. That permit, number SAJ-2003-05739 was issued pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: CR Pasco Development Co., LLC
Cannon Ranch Planned Development
2502N. Rocky Point Dr., Suite 1050
Tampa, FL 33607
WATERWAY & LOCATION: The project is located in the Bayou Branch of Cypress Creek watershed, on the south side of State Road 52, approximately 1½ -miles east of Interstate-75 Exit 285, in Sections 9, 10, 11, 14, 15, 16, Township 25 South, Range 20 East, in Pasco County, Florida
Directions to the site are as follows: I-75 Exit 285, 1½ miles East on SR 52, the Cannon Ranch Development would be on the right or south of SR 52.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.32º
Longitude: -82.29º
PROJECT PURPOSE:
Basic: Mixed residential, commercial and civic land development.
Overall: To develop a large planned mixed use community within commuting distance to Tampa.
EXISTING CONDITIONS: The wetland system consists of a freshwater system which drains the land along with some depressions and excavations which hold surface water. The onsite vegetation consists of trees shrubs and grasses, mostly grasses. The property is primarily pasture land. Some mass grading on a portion of the property has already occurred. One or more construction crossings of Bayou Branch have been installed where ultimately a bridge or culvert would be placed. Some grading to create a flood terrace along parts of Bayou Branch, part of the mitigation package, has been done. No planting of these areas has yet taken place. The area surrounding the project consists of mostly un-developed pasture land with some patches of development, primarily residential housing with some commercial and retail development mixed in.
PROPOSED WORK: The applicant seeks a modification of the original permit to extend the completion date of a previously issued permit pursuant to Section 404 of the Clean Water Act. The original Corps permit was issued in December 2005 and was last extended on November 10, 2015. It authorized filling of approximately 8 acres of wetlands associated with the development of a 2,000 acre tract of land in Pasco County East of Interstate 75 Exit 285 known as Cannon Ranch.
PROJECT HISTORY: The applicant has asked for a modification (an extension of the time limit in which to complete work) of the permit in order to be able to continue to develop and to complete a large planned mixed use community. The original proposed work was described as consisting of the development of up to 6,700 residential units, 183,000 square feet of commercial and retail space, 52,000 Square feet of office space, and 27 holes of golf on a 1,966 acre cattle ranch. The site contained 260 acres of jurisdictional wetlands and 38 acres of isolated, non-jurisdictional wetlands. The 8 acres of direct wetland impacts were for the construction of internal roadways crossing Bayou Branch and other jurisdictional wetlands. The original Corps permit was issued in December 2005 and was last extended on November 10, 2015. It authorized filling of approximately 8 acres of wetlands associated with the development of a 2,000 acre tract of land in Pasco County East of Interstate 75 Exit 285 known as Cannon Ranch.
COMPENSATORY MITIGATION: The required compensatory mitigation package included channel enhancements, widening of the floodplain, restoration of marshlands, restructuring the man-made drainage ditch system and a conservation easement. Specifically, mitigation activities were to include: 13.13 acres of wetland creation, 3.92 acres of open water creation, 11.18 acres of upland preservation, 9.3 acres of wetland restoration, and 51.39 acres of wetland enhancement. Due to an economic downturn the original permittee was not able to complete the project or the permitted mitigation plan. The mitigation requirements have changed in the time since the permit was issued and the Corps will review the applicant’s mitigation plan in light of existing circumstances.
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: In deciding to issue the original permit, the Corps determined that the proposed work ”would likely affect but was not likely to adversely
affect” the Eastern indigo snake or Wood stork or its designated critical habitat. At the time, the U.S. Fish and Wildlife Service concurred with this determination pursuant to Section 7 of the Endangered Species Act. In addition the Corps has considered the effect of the proposed development on the Scrub jay and has determined that it will have no effect on the Scrub jay due to the fact that there is little suitable habitat for the Scrub jay and no Scrub jay has been observed on the property. The Corps is reviewing the determination from the original permit and will reinitiate consultation with the U.S. Fish and Wildlife Service if necessary.
NOTE: This public notice is being issued based on information furnished by the permittee. The jurisdictional line has not been verified recently by Corps personnel and the wetland limits may have changed over the past ten years.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
COMMENTS regarding the continued authorization of the work proposed should be submitted in writing to the attention of the District Engineer through Mr. Richard Roach, Regulatory Project Manager, Tampa Permits Section, 10117 Princess Palm Ave, Suite 120, Tampa, FL 33610-8302 within 21 days from the date of this notice.
The decision whether and under what circumstances to modify the permit will be based in part on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. Other factors to be considered are the extent of the permittee's compliance with the terms and conditions of the permit; whether or not circumstances relating to the authorized activity have changed since the permit was issued or extended, and the continuing adequacy of or need for the permit conditions; any significant objections to the authorized activity which were not earlier considered; revisions to applicable statutory and/or regulatory authorities; and the extent to which modification, suspension, or other action would adversely affect plans, investments and actions the permittee has reasonably made or taken in reliance on the permit.
QUESTIONS concerning this application should be directed to, Ms. Angela C. Ryan, in writing at the Tampa Permits Section, 10117 Princess Palm Ave, Suite 120, Tampa, FL 33610-8302; by electronic mail at Angela.C.Ryan@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7069.
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 modify the permit will be based in part on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. Other factors to be considered are the extent of the permittee's compliance with the terms and conditions of the permit; whether or not circumstances relating to the authorized activity have changed since the permit was issued or extended, and the continuing adequacy of or need for the permit conditions; any significant objections to the authorized activity which were not earlier considered; revisions to applicable statutory and/or regulatory authorities; and the extent to which modification, suspension, or other action would adversely affect plans, investments and actions the permittee has reasonably made or taken in reliance on the permit. Further, the decision whether to modify this permit will be based on an evaluation of the probable impact including cumulative impacts of completing 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 time extension will generally 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 modifying the permit. Any comments received will be considered by the Corps to determine whether to extend, modify, further condition, or suspend the permit for this work. 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.