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.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2017-02390 (SP-JLC)

Published May 25, 2018
Expiration date: 6/14/2018

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: Lennar Homes, LLC
10481 Ben C. Pratt, Six Mile Cypress Parkway
Ft. Myers, Florida 33936

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Mill Creek within the Manatee River watershed, and Wolf Slough within the Braden River watershed. The project site is located between State Road 64 and State Road 70, east of Lorraine Road and west of Uihlein Road, in Sections 10, 11, 14, and 15, Township 35 South, Range 19 East, Manatee County, Florida.

Directions to the site are as follows: From I-75, take State Road 70 east approximately 4.2 miles and turn north on Lorraine Road for 1.6 miles. The entrance road to Schroeder Manatee Ranch (SMR) Farms is located at 4820 Lorraine Road. The site is to the east.

Latitude: 27.44888°
Longitude: -82.38139°


Basic: Housing.
Overall: Mixed single-family and multi-family residential development with access to major arterial roads and I-75 in rapidly growing central Manatee County.

EXISTING CONDITIONS: The site contains 545 acres, the majority of which is characterized as uplands (503 +/- acres) and is currently used for agricultural purposes. The site was converted to agricultural use in the early 1970s and is currently in sod and citrus production and also supports tree nursery operations. The only native upland habitat that remains onsite is characterized by an upland hammock that buffers the Mill Creek wetland system (Wetland 35) and a disturbed hardwood-conifer community that surrounds Wetlands 32 and 33.

The site contains 22.59 acres of wetlands consisting of 3.49 acres of wetland forested mixed (FLUCFCS 630); 1.34 acres of exotic hardwood wetland (FLUCFCS 619); 6.79 acres of freshwater marsh (FLUCFCS 641); 2.21 acres of wet prairie (FLUCFCS 643); 2.07 acres of wet prairie/hydric pine flatwoods (FLUCFCS 643/625); and 6.69 acres of stream and lake swamp (FLUCFCS 615). Most of the wetland systems have altered hydrology due to extensive ditching, and many of the systems have a predominance of exotic or nuisance vegetation. Wetland 35 is a part of a large, high quality forested wetland system that supports an unnamed stream. The site contains a network of approximately 18 acres of agricultural ditches and 0.62 acre of cattle/irrigation ponds.

PROPOSED WORK: The applicant seeks authorization to construct a residential development with supporting infrastructure that would result in impacts to 18.52 acres of agricultural ditches and 0.62 acre of cattle ponds.

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: “The wetlands (22.59 acres) associated with the site will be avoided in their entirety and would be protected by a minimum 25-foot upland buffer. All of the proposed impacts are associated with agricultural ditches which are man-made features interior to the site and are heavily overgrown with nuisance/exotic vegetation including primrose willow, Brazilian pepper, and cattail. Because of the extensive ditch network, impacts to the ditches are necessary for beneficial use of the site and avoidance of ditches would render the site undevelopable.”

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required: “No mitigation is proposed for impacts to agricultural ditches because of the surface water feature and lack of habitat value.”

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.

A Cultural Resources Assessment Survey (CRAS) was conducted on the property in June 2017 and submitted to the State Historic Preservation Officer (SHPO). The SHPO issued a concurrence letter to the applicant (DHR File No. 2017-2634) on July 18, 2017, indicating that the project would not have an effect on cultural resources within the project area and no additional work was warranted.

ENDANGERED SPECIES: 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. The applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake (August 2013) during construction.

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.

ESSENTIAL FISH HABITAT (EFH): The proposal would impact inland freshwater systems and is not in the vicinity of EFH. Our initial determination is that the proposed action would not have an effect 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 wetland and surface water delineations have been verified by Corps personnel; however, the jurisdictional status of the aquatic resources has not been verified. The jurisdictional status of the aquatic resources referred to in the drawings is a notation made by the applicant; the Corps has not yet completed a jurisdictional determination.

AUTHORIZATION FROM OTHER AGENCIES: The project is under review at the Southwest Florida Water Management District under application no. 765182.

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 and surface waters. 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 telephone at (813)769-7067, by fax at (813)769-7061, or by electronic mail at

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.