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: Sierra BBD Property, LLC
509 Guisando de Avila, Suite 200
Tampa, Florida 33613
WATERWAY AND LOCATION: The project would affect the waters of the United States associated with an unnamed tributary of Trout Creek. The project site is located on the east side of Bruce B. Downs Blvd, north of SR-56, immediately north of Florida Hospital Wesley Chapel, in Sections 19 and 30, Township 26 South and Range 20 East, Wesley Chapel, Pasco County, Florida.
Directions to the site are as follows: From the intersection of SR-56 and Bruce B. Downs Boulevard, proceed north on Bruce B. Downs approximately one mile. The site is on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.204276°
Longitude: -82.350417°
PROJECT PURPOSE:
Basic: Mixed-use development.
Overall: Mixed-use development providing multi-family residential, commercial, retail and office facilities in the South Market Area of Pasco County.
EXISTING CONDITIONS: The project site is a 223-acre sub-parcel of the overall Wiregrass Ranch Development of Regional Impact. The site is primarily composed of uplands that were used in the past as rangeland for cattle grazing. The site also contains pine-palmetto uplands, bottomland hardwoods and freshwater marshes. More recently, portions of the uplands on-site have been cleared and mass graded and utilized for cattle grazing. Current land management activities on the site include drainage ditches redirecting flow from the north and active cattle grazing, associated improvements (fencing), and an east/west power line easement.
PROPOSED WORK: The applicant seeks authorization to fill 7.75 acres of wetlands and 0.48 acre of ditches for the construction of a mixed use development. Work is proposed in accordance with the attached site plans.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following statement in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“Wetland impacts have been avoided to the greatest extent practical and have been limited to only where necessary to achieve the project purpose and to provide the required improvements. One of the primary features considered in the site plan layout was preservation of (avoidance of impacts to) the higher quality, natural onsite wetlands. The Applicant has developed a site plan that effectively avoids impacts to these relatively higher quality wetlands, and instead focuses the proposed development features in and adjacent to pre-disturbed wetland and surface water features. Through this site planning strategy, the higher quality wetlands will be preserved and the few low quality, disturbed wetlands that are impacted will be mitigated by the purchase of mitigation bank credits. The wetland impacts are generally located where the wetlands have previously been impacted by the existing farm roads and ditch system. In addition, the internal roadway alignment throughout the remainder of the site has been meandered to the greatest extent possible, while maintaining safe roadway curvatures in accordance with standard traffic design criteria, and providing reasonable use of the property, while effectively avoiding impacts to the larger and/or better quality onsite wetland areas.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant intends to purchase federal mitigation credits from the Boarshead 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. In 2004, a cultural resources survey assessment was conducted on the larger Wiregrass Ranch Development of Regional Impact, which includes the subject parcel. The State Historic Preservation Officer provided letters dated September 22, 2005 (DHR no. 2005-9223), and October 05, 2005 (DHR no. 2005-9650) stating that no significant archaeological or historical resources are recorded within the project areas, and because of the location and/or nature of the projects, it is unlikely that any such sites will be affected. 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 > “not likely to adversely affect” pursuant to the Key.
The Corps has determined the proposal may affect, but is not likely to adversely affect the federally threatened eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key (Key) dated January 25, 2010, and updated August 13, 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > “not likely to adversely affect” pursuant to the Key.
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 inland freshwater wetlands. Our initial determination is that the proposed action 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 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/jurisdictional status of the wetlands and surface waters has not been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: The Southwest Florida Water Management District is currently reviewing the project for an Environmental Resource Permit under Application No. 756695.
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 Ave, Suite 120, Tampa, Florida 33610; by email 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, 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.
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.