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, Inc.
c/o Parker Hirons
4600 W. Cypress St., Suite 200
Tampa, FL 33607
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Tampa Bay. The project site is located amid existing residential lots between MacDill Air Force Base and Commerce Street at the extreme southwest corner of the City of Tampa. The project site is located in Section 20, Township 30 South, Range 18 East, Hillsborough County, Florida.
Directions to the site are as follows: Travel south on S Westshore Blvd and continue to follow after S Westshore Blvd become Commerce Street. Turn left onto S Sherill Street. The project is located south of the dead end of S Sherill Street.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.855853°
Longitude: -82.530226°
PROJECT PURPOSE:
Basic: Housing
Overall: Construction of single-family homes in the Interbay portion of the City of Tampa, Florida
EXISTING CONDITIONS: A fairly large percentage of the site is overgrown palmetto flatwoods and mixed mesic oak hammock. Other portions of the uplands are disturbed and weedy areas dominated by Brazilian pepper and other tropical escapee exotics. Some of the road rights-of-way have been cleared in the past. The overall review limits are made up of proposed purchase lots, existing road rights-of-way and lots currently owned by the City of Tampa. There are approximately 4 acres of ditches onsite. In most instances, they are upland cut and are bordered by large Brazilian peppers (Schinus terebinthefolius) or black mangroves (Avicennia germinans). Some of the ditches are connected with pipes. The ditches likely have an inconsistent tidal connection and receive brackish water from high tides or storm surges. The project area also contains 2.76 acres of wetlands consisting predominantly of Brazilian pepper with black mangroves (Wetlands A, B, C, E and F). Wetland D (0.05 acre) is a fairly natural, freshwater marsh with a moderate coverage of ferns, cabbage palms and mixed wetland hardwoods. The area surrounding the project area consists of existing single-family residences and roads, and MacDill Air Force Base.
PROPOSED WORK: The applicant seeks authorization to permanently impact 1.78 acres of tidal ditches, 0.69 acre of tidal wetlands and 0.05 acre of freshwater wetlands for the construction of single-family homes on approximately 170 platted lots, as well as the construction of the associated drainage system and road improvements within existing city rights-of-way.
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 has limited wetland impacts to only those ditch/wetland areas needed to provide roadway access to the developable, platted lots and to create a basin-wide stormwater treatment system. They have avoided wetland impact for any lots themselves. In fact, they are forgoing development of approximately 39 lots that would have involved wetland impact or substantial wetland buffer impacts to build on. An extensive amount of retaining wall will be used to limit wetland impact extent.”
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 credits from the Tampa Bay Mitigation Bank as compensation for the proposed impacts. The applicant will also perform Brazilian pepper removal and other enhancements to preserved wetlands and buffers in the project area, specifically as a requirement for the City of Tampa.
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 is “not likely to adversely affect” (NLAA) the endangered wood stork (Mycteria americana). The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > NLAA pursuant to the 2008 Wood Stork Key in Central and North Peninsular Florida. No further coordination is required.
The Corps has determined the proposed project is “not likely to adversely affect” (NLAA) the eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Programmatic Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > NLAA. 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. The proposal would impact approximately 1.78 acres of tidal ditches and 0.69 acre of tidal wetlands which are predominantly Brazilian pepper. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Tampa Bay. 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 will be 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.