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: Atlantic Housing Partners, LLLP
c/o W. Culp
200 East Canton Avenue, Suite 102
Winter Park, FL 32789
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Hillsborough Bay. The project site is located south of Camden Field Parkway and west of South Falkenburg Road, Tampa in Section 01, Township 30 South, Range 19 East, Hillsborough County, Florida
Directions to the site are as follows: Coming from I-4 East, take the FL-574/Martin Luther King Jr. Blvd. exit (Exit 5) and merge onto FL-574E/E Dr. M.L.K., Jr Blvd/E M.L.K. Jr Blvd. Continue on E. Dr. MLK Jr Blvd for 1.4 miles. Turn right onto US-301 S and continue north for 4.7 miles. Turn right onto South Falkenburg Rd and continue for 0.9 miles. The project site is located at the southwest corner of the intersection of Camden Filed Parkway and South Falkenburg Road.
APPROXIMATE CENTRAL COORDINATES:
Basic: Residential Development
Overall: Construct a multi-family apartment complex in Tampa, Florida located south of I-4 and west of I-75.
EXISTING CONDITIONS: The 32 ac project site consists of undeveloped open lands and wetlands. Two wetlands have been identified on the project site (Wetland 1 and 3). Wetland 1 (1.44 ac) is made up of two wetland plant communities: 1) exotic wetland hardwoods dominated by Chinese tallow (Sapium sebiferum) and Brazilian pepper (Shinus terebinthifolius) (this portion of the wetland was most likely, historically a wet prairie) and 2) herbaceous shrub dominated by Peruvian primrose-willow (Ludwigia peruviana) and Soft rush (Juncus effuses). Wetland 3 (0.24 ac) is a freshwater marsh dominated by Grassleaf rush (Juncus marginatus), Broomsedge bluestem (Andropogon virginicus), and Bighead rush (Juncus megacephalus). Undeveloped open lands are predominantly disturbed uplands that were historically used for agriculture. Project site is surrounded by high density residential areas.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 1.02 acres of wetlands to construct a 354 unit multi-family apartment complex and associated infrastructure.
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:
Project has been designed to preserve the highest quality wetland on site and has incorporated construction of a retaining wall to minimize impacts to that wetland.
COMPENSATORY MITIGATION – The applicant has provided the following explanation for compensatory mitigation:
To compensate for wetland impacts, the purchase of 0.38 palustrine emergent credits from Tampa Bay Mitigation Bank is proposed. Palustrine emergent credits are being proposed since the wetland was most likely, historically herbaceous.
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 Corps has determined the proposed project may affect, but is not likely to adversely affect (MANLAA) the endangered Wood Stork (Mycteria americana) and Eastern Indigo Snake (Drymarchon corais couperi):
Use of the 2010 Wood Stork Effect Determination Key yielded the following progression: A<B<C<D<E MANLAA. A review of a Resources at Risk (RAR) geospatial data report generated on 29 August 2017, showed that the action area is within 5.4 miles of a Wood Stork Nesting Colony and contains suitable foraging habitat (SFH) for the species. A review of project activities show that impacts to SFH would be greater than 0.5 ac, however applicant proposes to provide SFH compensation within the Service Area of a Service-approved wetland mitigation bank.
Use of the 2017 Eastern Indigo Snake Key yielded the following progression: A>B>C>D MANLAA. Permit will be conditioned for use of the Service’s most current guidance for Standard Protection Measures for the Eastern Indigo Snake, project will impact less than 25 ac of habitat, and a review of the project specific data indicated that the project site has no known holes, cavities, active or inactive gopher tortoise burrows, or other underground refugia where a snake could be buried, trapped, or injured during project activities.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service (NMFS) on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact 1.02 ac of freshwater habitat and would not have a substantial adverse impact on 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 NMFS.
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 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 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, Leanne Obra, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Leanne.email@example.com; by facsimile transmission at (813)769-7061 or; by telephone at (813)769-7071.
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.