Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

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SAJ-2015-00475 (MOD-JLC)

Published Oct. 13, 2017
Expiration date: 11/2/2017
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:  Eisenhower Property Group, LLC
 c/o Jeff Hills
 111 South Armenia Ave, Suite 201
 Tampa, FL 33609

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Little Bullfrog Creek.  The project site is located south of Big Bend Road, west of Balm Riverview Road, east of US 301 at the terminus of Ambleside Blvd, in Section 15, Township 31 South, Range 20 East, in Hillsborough County, Florida.

Directions to the site are as follows:  From I-75 S, take exit 246 for County Road 672 E. Merge onto Big Bend Road.  Turn right at Summerfield Blvd. Turn left onto Ambleside Blvd.  Continue to the end of Ambleside Blvd.  The project site is to the east in existing agricultural fields.

APPROXIMATE CENTRAL COORDINATES: 

Latitude: 27.783347°
Longitude: -82.290138°

PROJECT PURPOSE:
Basic:  Housing
Overall:  To expand an ongoing, permitted single-family housing development plan in southeastern Hillsborough County

EXISTING CONDITIONS:  The majority of the 222 acre project area is active agricultural row crops. The site is located directly to the east of a permitted development which is currently under construction.  The northwest corner of the site is a large freshwater wetland system (Wetland C) which forms the headwaters of Little Bullfrog Creek. The site contains multiple agricultural ditches which connect Wetland C and several smaller wetlands or terminate amid agricultural fields. The ditches are typically vegetated with Peruvian primrose willow (Ludwigia peruviana), water spangles (Salvinia minima), paragrass (Urochloa mutica), duckweed (Lemna minor) and elderberry (Sambucus canadensis). The on-site wetlands are largely dominated by Carolina willow (Salix caroliniana), elderberry and Peruvian primrose willow. Additional species include Virginia chain fern (Woodwardia Virginica), swamp fern (Blechnum serrulatum), red maple (Acer rubrum), sweet-bay (Magnolia virginiana), wax myrtle (Morella cerifera), royal fern (Osmunda regalis) and cinnamon fern (Osmunda cinnamomea). The project site is surrounded by agricultural fields and residential development.  There is a narrow strip (approximately 10 acres) of xeric oak habitat along the eastern property boundary abutting the Hillsborough County Balm-Boyette Scrub Preserve.  A small area in the northeast corner of the site is a hardwood-conifer mixed community.  This project area is directly to the east of a permitted residential site which is currently under construction.

PERMIT HISTORY:  The Corps issued permit number SAJ-2015-00475(SP-JLC) on September 03, 2015, authorizing impacts to wetlands and surface waters on the parcel directly to the west of the subject site for the construction of a residential development.  The permit authorized permanent impacts to 0.11 acre of wetlands and 2.30 acres of ditches, and temporary impacts to 0.07 acre of wetlands and 1.12 acres of ditches.  This application is a request to modify that permit by adding an outparcel to the original permit area, as well as expanding the permit area to the east, resulting in additional wetland and surface water impacts.  

PROPOSED WORK:  The applicant seeks authorization to modify a permitted single-family residential development plan by adding an outparcel to the original permit area, as well as expanding the project area to the east.  This modification would result in additional permanent impacts to 0.77 acre of wetlands and 4.48 acres of ditches, and temporary impacts to 0.51 acres of ditches and 0.03 acre of wetlands in accordance with the attached site plans. 

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 project avoids impacts to the larger onsite wetlands and limits the impacts to the lower quality wetlands and upland cut surface water agricultural ditches.  The current plan reflects a 0.52 acre reduction in proposed wetland impacts.

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 federal mitigation credits at 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 determined the proposal “may affect, but is not likely to adversely affect” the federally threatened 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. 

The Corps has determined the proposal “may affect” the federally threatened eastern indigo snake (Drymarchon corais couperi).  The Corps will request initiation of formal consultation with the U.S. Fish and Wildlife Service by separate letter.

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 freshwater wetlands and agricultural ditches and is not expected to affect EFH or federally managed fisheries.  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 regulations governing the regulatory program.  The jurisdictional line/status of the wetlands and surface waters has not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES:  The applicant received Water Quality Certification via Conceptual Environmental Resource Permit no. 49042170.007 from the Southwest Florida Water Management District on August 04, 2016.  

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, Jessica Cordwell, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Jessica.L.Cordwell@usace.army.mil; by facsimile transmission at (813)769-7061; or by telephone at (813)769-7067.  

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.