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):
APPLICANT: Taylor Morrison of Florida, Inc.
551 North Cattleman Road, Suite 200
Sarasota, Florida 34232
WATERWAY AND LOCATION: The project would affect waters of the United States associated with man-made wetlands and surface waters west of Ward Lake in the Braden River Watershed. The project site is located immediately north of Honore Avenue and directly abuts the west side of Ward Lake, in Section’s 22 and 23, Township 35 South, Range 18 East, Manatee County, Florida.
Directions to the site are as follows: From I-75, take State Road 70 west approximately 2 miles and turn left onto Natalie Way after crossing the Braden River. The site is approximately 1 mile south of State Road 70 on the south side of the City of Bradenton Wastewater Treatment Facility.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.428954°
Longitude -82.496102°
PROJECT PURPOSE:
Basic: Residential
Overall: Construct a residential development in Bradenton, Manatee County.
EXISTING CONDITIONS: The site was originally converted to an open water reservoir for water supply in the mid-1980’s before it was backfilled (late 1980’s) with spoil material generated from the excavation of Ward Lake which lies to the east. Over time, portions of the backfill turned into artificial wetlands and surface waters as a result of uneven grading and heavy clay content in the spoil material. Wetland systems include 6.95 acres of highly disturbed wetlands that are heavily vegetated with nuisance/exotic vegetation including Brazilian pepper, torpedo grass, primrose willow, and West Indian marsh grass. The site also contains 5.67 acres of man-made surface waters that consist of either cattle ponds or ditches and are also heavily vegetated with nuisance/exotic species including Brazilian pepper, torpedo grass, West Indian marsh grass and primrose willow.
Currently the site is used as cattle pasture and hay production. The site is surrounded by residential development to the north, west and south. The site also directly abuts Honore Avenue to the south and Ward Lake to the east. The City’s wastewater treatment facility is also located on land abutting the northeast corner of the project site as well as some undeveloped land.
PROPOSED WORK: The applicant seeks authorization to construct a residential development with supporting infrastructure that would result in impacts to 9.89 acres of impacts to Waters of the U.S., all of which are associated with highly-disturbed, man-made systems.
The proposed project would result in permanent impacts to 4.73 acres of man-made wetlands and 4.51 acres of man-made surface waters. Of these impacts, 7.34 acres will occur as a result of fill to accommodate construction of the lots and roadways and 1.90 acres will result from dredging for the construction of stormwater lakes. An additional 0.65 acres of temporary impacts are also proposed for man-made surface waters to accommodate regrading for enhancement and mitigation purposes if needed.
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:
All natural wetlands (2.22 acres) associated with the site will be avoided in entirety and enhanced for mitigation purposes. However, impacts to the highly disturbed man-made systems are necessary for development of this site. Detailed geotechnical studies conducted for the site have shown that the spoil spread throughout the site contains heavy clay content in the soils that is not suitable for development. With the exception of the proposed stormwater ponds, all other areas that are to support development or infrastructure (i.e. roadways) will need to be stripped to remove the clay soils and replaced with suitable fill material that meets FDOT standards and structural standards for residential construction. Therefore, all impacts associated with this project are necessary and unavoidable.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The impacts to Wetland F would occur within a highly degraded wetland that is heavily vegetated with Brazilian pepper and other nuisance/exotic vegetation and highly disturbed hydrology. This low-functioning impact area will be offset by 2.22 acres of onsite enhancement within the natural wetlands that are being preserved. These native wetlands also contain heavy coverage of nuisance/exotic species and will be enhanced through nuisance/exotic removal.
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 may affect, but is not likely to adversely affect the Eastern Indigo Snake. This determination was made using the 2013 Effect Determination Key for the Eastern Indigo Snake. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork. This determination was made using the 2008 Effect Determination Key for the Wood Stork. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary.
The Corps has determined the proposal would have no effect on the Florida Scrub-Jay.
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 outside 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 been verified by Corps personnel.
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 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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Candice.M.Wheelahan@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7064
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.