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: Connerton Development Holdings, LLC
C/O William Prewitt
1601 Elm Street, Suite 3110
Dallas, Texas 75201
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Fivemile Creek, Crystal-Pithlachascotee and Hillsborough Basins. The project site is located approximately 2 miles east of US 41 at the terminus of Connerton Blvd in Pasco County, Florida – Sections 22-25, Township 25 South, and Range 18 East; and Sections 19 & 30, Township 25 South, and Range 19 East.
Directions to the site are as follows: Take I-75 north from Tampa; Exit onto SR 56 West; Continue west on SR 56 to SR 54 West; Take SR 54 west to US Hwy. 41 North; Take US Hwy. 41 north for approximately 7.25 miles to Connerton Blvd.; Turn east onto Connerton Blvd.; Project site is at the east terminus of Connerton Blvd.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.295282
Latitude: 28.295282º
Longitude: -82.458824º
PROJECT PURPOSE:
Basic: Construction of a residential subdivision.
Overall: Continue construction of development parcels within the Connerton Development of Regional Impact (DRI) project, a master-planned single-family residential community, including residential lots, roadways, surface water management system, elevated boardwalks and supporting infrastructure.
EXISTING CONDITIONS: In 2004, the Corps issued Individual Permit No. SAJ-2002-2340 for work relating to Village 1 (approximately 613 acres) property. In 2006, the Corps issue permit number SAJ-2004-03712 for the development of the remainder of the adjacent DRI acreage known as Permit Area 2, Villages 2 – 4 (approximately 2,915.4 acres). The permit expired in January 2016 without completing all authorized activities. The total land area for the Connerton DRI consists of approximately 8,000 acres of contiguous land. About 3,300 acres located in the north part of the site have been purchased by the Southwest Florida Water Management District for preservation, the development of wildlife corridors, and passive recreation within the central core of Pasco County. The total land area within parcels 208, 209, 218, Regional County Park, Symphony Parkway, & Boardwalk (the project area) is approximately 363.19 acres of which approximately 112.29 acres are jurisdictional wetlands, 8.27 acres are non-jurisdictional wetlands, and 241.63 acres are uplands. The wetland system consists of several ditches and freshwater herbaceous and forested systems. The onsite vegetation is typical to cypress domes, mixed forested wetlands, marshes and wet prairies.
PROPOSED WORK: The applicant seeks re-authorization to fill approximately 10.70 acres of jurisdictional herbaceous and forested wetlands and waters in order to continue development of the previously approved mixed-use residential community known as Connerton. The Project Area is approximately 363.2 acres and is divided into three residential development parcels (Parcels 208, 209 and 218), an extension of an existing roadway (Symphony Parkway), a small portion of a Regional Park, and an extension of the community’s nature trail / boardwalk, all occurring within Village Two. The construction activities will include approximately 497 residential lots, approximately 4.77 miles of roadways, approximately 3,600 linear feet of nature trail / elevated boardwalk, surface water management system and supporting infrastructure. Functional loss to wetland habitats by the project as determined under UMAM is 7.49 units: non-forested wetland FL = 1.48 units; forested wetland FL = 6.01 units. The project was previously approved in 2005, but the permit has expired.
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 current permit application reduces the acreage of impacts to jurisdictional wetlands compared to the previously approved Permit in area 2 of the project. The current acreage of jurisdictional wetland impact is 10.70 acres while the previously approved impacts for this portion of permit Area 2 were 38.41 acres. The areas of wetland impact avoidance and minimization are essentially Wetland 217 where the impacts are reduced from 2.84 acres to 0.13 acre, and Wetland 347 where the impacts are reduced from 18.68 acres to 1.15 acres.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The Mitigation Plan for the Project involves the purchase of mitigation credits from a Corps-approved wetland mitigation bank within the same watersheds as the Project Area (HUC 03100207 & HUC 03100205). The proposed mitigation credits will provide at least 7.49 units of Functional Gain (FG): freshwater non-forested mitigation credits 1.48; freshwater forested mitigation credits 6.01, based on UMAM scores.
CULTURAL RESOURCES: In October 2001, Janus Research conducted a desktop analysis and reconnaissance survey of Connerton. The survey identified 3 archaeological resources (8PA42, 8PA1365, and 8PA1367) within the project area and 13 historic resources in the vicinity of the project area. Phase I testing was recommended for the three archaeological resources to define site boundaries and determine their eligibility for inclusion in the National Register of Historic Places (NRHP). The thirteen historic resources were determined to be ineligible for listing in the NRHP. However, documentation was recommended only for the three historic resources included within the project's Area of Potential Effects (APE). Finally, several other areas of archaeological site potential were identified within the project area that were recommended for testing to ensure that no resources eligible for the NRHP were located within these areas.
The CRAS of the Connerton DRI project area resulted in the identification of five newly recorded archaeological sites (8PA530, 8PA537, 8PA551, 8PA1365, and 8PA1367), one previously recorded archaeological site (8PA42), and three newly recorded historic resources (8PA434, 8PA508-509) within the project APE. The six archaeological sites consist of sparse lithic and ceramic scatters, one (8PA42) of which dated to the Middle Archaic period and three (8PA530, 8PA537, and 8PA1365) of which date to the Weeden Island period. Due to their sparse and relatively mundane archaeological assemblages, none are considered potentially eligible for listing in the NRHP.
The three historic resources were all frame vernacular structures dating between circa
1930 and 1940. None of these resources is considered individually listed in the NRHP due to their common design or non-historic modification has compromised their integrity. Furthermore, the neighborhoods located within the project APE do not have a cohesive architectural character as the majority of the buildings are non-historic and many exhibit modifications that compromise their integrity. Consequently, they do not contribute to a potential historic district. On 12 December 2001, Frederick Goske, Deputy SHPO signed concurrence with the Janus findings.
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, the Eastern indigo snake (Drymarchon corais couperi). Also, the Corps determined the proposal “may affect not likely to adversely affect” the Wood Stork (Mycteria americana), and the Florida scrub jay (Aphelocoma coerulescens).
Eastern Indigo Snake (Drymarchon corais couperi): The Corps completed an evaluation of the project based upon the August 13, 2013 updated addendum to the January 2010 North and South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Eastern Indigo Snake. Use of the Key for the Eastern Indigo Snake resulted in the following sequential determination: A >B >C >D “may affect”. The Corps has preliminarily determined that the proposed project “may affect” the Eastern Indigo Snake. Since the proposed project would impact more than 25 active and inactive gopher tortoise burrows, the Corps will request initiation of informal consultation with the USFWS pursuant to Section 7 of the Endangered Species Act by separate letter.
Florida scrub jay (Aphelocoma coerulescens): The project area is within the consultation area for the Florida scrub jay. The Corps has made the preliminary determined the proposal “may affect, not likely to adversely affect” the Florida scrub jay (Aphelocoma coerulescens) or its designated critical habitat. This determination is based on review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Wood stork (Mycteria americana): Based upon review of the Wood Stork Key for Central and North Peninsular Florida dated September 2008, the proposed project resulted in the following sequential determination: A > B > C > E = “Not likely to adversely affect” the wood stork. This determination is based on the project not being located within 2,500 feet of an active colony site; impacts to suitable foraging habitat (SFH), project impacts to SFH are greater than 0.5 acre, project impacts to SFH being mitigated in accordance with CWA section 404(b)(1) guidelines, consistent with the HMG within the appropriate CFA, and habitat enhancements match the hydroperiod of the wetlands affected and provide higher foraging value than impacted wetlands. Based upon the NLAA determination for the Wood Stork 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 edgar.w.garcia@usace.army.mil; 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.