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: Lennar Homes
c/o Parker Hirons
Director of Land Development
4600 West Cypress Street, Suite 200
Tampa, FL 33607
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Hillsborough Bay. The project site is located immediately west of South 78th Street, immediately north of South 49th Street, immediately south of 36th Avenue and east of South 70th Street in Section 25, Township 29 South, Range 19 East, and Section 02, Township 30 South, Range 19 East, Tampa, Hillsborough County, Florida 33619.
Directions to the site are as follows: Travel south on I-75 from I-75 / I-4 intersection. Exit onto 301 North, turn left onto S. Falkenburg Road, turn right on Camden Field Parkway. Road dead ends onto South 78th Street. Project is across the road.
APPROXIMATE CENTRAL COORDINATE S: Latitude: 27.909791°
Latitude: 27.909791°
Longitude: -82.372850°
PROJECT PURPOSE:
Basic: Housing
Overall: Single-family residential subdivision in west-central Hillsborough County
EXISTING CONDITIONS: The project site is a 210 acre dairy farm consisting mostly of improved pasture. Sod farming occurs in the southern portion of the site. The site contains five freshwater wetlands totaling 6.39 acres, two excavated ponds totaling 2.31 acres, and 4 ditches totaling 2.51 acres. The existing area surrounding the project area consists of residential development.
PROPOSED WORK: The applicant seeks authorization to impact 0.17 acres of jurisdictional wetlands and 1.15 acres of jurisdictional ditches for the construction of a residential development.
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 applicant provided 2 previous site plans to demonstrate that modifications have been made to avoid and minimize wetland impacts. The original site plan (dated February 7, 2016) proposed a 1.9 acre impact to Wetland 3. The second site plan (dated May 5, 2016) reduced the size of the proposed impact to Wetland 3 from 1.9 acres to 0.1 acre. The current site plan has completely avoided this wetland impact. The current site plan has eliminated 13 residential lots to avoid Wetland 3 altogether. The two highest quality wetlands—Wetland 2 and Wetland 3—will be preserved.
Storm water pond placement was also shifted away from the freshwater marsh and wet prairie to avoid any potential hydrologic impacts. The storm water ponds are located at a sufficient distance to not impact the wetland hydrology.
The only jurisdictional wetland impact is to a single wetland (Wetland 5) and two ditches. The wetland impact is to a surface water referred to as a “cow washing pond”. This pond, along with another surface water, receives runoff from the adjacent cattle milking station. There is a concrete spill way that allows for direct runoff of excess milk and chemicals from the cattle milking operation. As a result both ponds are nutrient rich. This is evident by frequent algal blooms. The highest quality onsite wetlands will be preserved.
The onsite wetlands are degraded. Years of suppressing the hydrology of these wetlands from adjacent ditching has resulted in an altered semi-functioning hydroperiod and the introduction of nuisance and exotic plant species resulting in the loss and degradation of wildlife habitat.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation will be provided through the purchase of federal credits from the Tampa Bay Mitigation Bank.
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 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 > 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): 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 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 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, 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.