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:
CRP II – Tarpon Springs, LLC
2501 S MacDill Ave
Tampa, FL 33629
WATERWAY AND LOCATION: The project contains freshwater wetlands and surface waters associated with the Anclote River watershed and is located in Pinellas County, Florida within Section 13, Township 27 South, and Range 15 East. The site is bordered by South Stafford Avenue to the east, a commercial development to the north, U.S. Highway Alternate 19 to the west and Florida Hospital North Pinellas to the south.
Directions to the site are as follows: From the intersection of US Hwy Alt 19 and Klosterman Rd, proceed north approximately 0.9 mile. The site is on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.134631 North
Longitude 82.756505 West
PROJECT PURPOSE:
Basic: Construction of a multi-family residential development.
Overall: Construction of a multi-family residential development to include 236 garden-style apartment units in 5 buildings with approx. 390 parking spaces, appropriate ingress and egress, a surface water management system, supporting infrastructure and two (2) mixed use, Retail/Commercial outparcels located in north Pinellas County.
EXISTING CONDITIONS: The project site lies immediately south of “Meres Crossing Phases 1 and 2. The on-site wetlands consist of a mixture of mixed forest wetlands, freshwater marsh and open water. The on-site wetlands are part of a larger wetland system comprising approximately 60 acres located offsite. Historically, the on-site wetlands were directly connected to Whitcomb Bayou and were part of a large wetland system with direct flows to the estuaries of the Anclote River. A single culvert runs beneath US Hwy Alt 19, however the tidal influence has been removed and thus the wetlands converted to freshwater systems. Portions of the on-site wetlands were excavated in the past likely for fill for local roads and the previous adjacent mobile home park. Under Corps Permit #SAJ-2009-01024, 0.44 acres of wetlands were converted to uplands and eventually mitigated with the purchase of mitigation bank credits under a non-compliance matter. The Project Area is 10.9 acres and includes 5.34 acres of Corps jurisdictional wetlands and 0.50 acre of Corps jurisdictional open waters. The project site is located in a highly urbanized community.
PROPOSED WORK: The Project was originally permitted as a mixed-use development of medical office buildings, workforce housing and retail uses, including the necessary infrastructure and stormwater system. The project was previously approved in 2010, but the permit has expired. As a result of the most recent recession and revised housing demands, the Project now involves multi-family residential / apartment housing with two mixed use, commercial/retail outparcels, including the necessary infrastructure and stormwater system.
The applicant seeks authorization to fill approximately 5.84 acres of jurisdictional wetlands and waters for the development of Meres Crossing Phase 3. The construction activities will include five (5) apartment buildings accommodating approximately 236 units, two (2) mixed use, commercial/retail outparcels, a surface water management system and supporting infrastructure.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information from the previous Corps Permit Statement of Findings in support of efforts to avoid and/or minimize impacts to the aquatic environment:
Avoidance and minimization opportunities were limited given nearly the entire site consists of aquatic resources and the acreage requirements of the site components. The existing ditch along the Pinellas Trail will be enhanced by removal of exotic vegetation and planting of native vegetation.
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 watershed as the project area (HUC 03100207). The proposed mitigation credits will provide at least 2.89 units of Functional Gain (FG): freshwater forested mitigation credits 2.67; freshwater non-forested mitigation credits 0.22.
Also proposed is wetland enhancement of an existing onsite ditch along the Pinellas Trail. Enhancement
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. The applicant submitted a letter dated November 19, 2015 from the Florida Department of State, Division of Historical Resources $ State Historic Preservation Officer indicating that “It is the opinion of this office that the proposed project is unlikely to affect historic properties. However, unexpected finds may occur during ground disturbing activities” and they request that the permit, if issued, shall include a special condition regarding inadvertent discoveries.
ENDANGERED SPECIES: The project site is located within the Woodstork Nesting Colonies Buffers in Pinellas County. Based on supplied information the site may not contain suitable foraging habitat for the wood stork. The wooded portions are overgrown and do not hold water on a regular basis. The open water portions have steep banks and are several feet deep which prohibits wading activities. As more information becomes available and the US Fish and Wildlife reviews this information the Corps will complete it’s evaluation.
The Corps has determined the proposal would have no effect on the Florida Scrub Jay (Aphelocoma coerulescens) and the Piping Plover (Charadrius melodus) based on lack of species on-site habitat.
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 in Tampa Bay or the Gulf of Mexico. 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.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification has been provided from the Southwest Florida Water Management District, ERP #43031945.007.
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, 10177 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, Peter Romano, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at peter.t.romano@usace.army.mil; by facsimile transmission at (813)769-7061; or by telephone at (813)769-7072.
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.