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: Taylor Woodrow Communities at Artisan Lakes, LLC
Attn: Jeff Deason
3922 Coconut Palm Drive, No. 109
Tampa, Florida 33619
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Curiosity Creek. The project site is located at 9907 Artisan Lake Parkway, Sections 16 & 17, Township 33S, Range 18E, Palmetto, Manatee County, Florida.
Directions to the site are as follows: From I-75S, exit Moccasin Wallow Road to the west, the project site is on the north side of the road
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.611422°
Longitude -82.509538°
PROJECT PURPOSE:
Basic: Mixed use development
Overall: To construct a mixed-use (residential/commercial) development on the applicant’s previously mass-graded property
EXISTING CONDITIONS: The subject property historically consisted of improvements for agriculture including conversion to citrus groves, pasture, fallow crop land, and fish farming. The dominant natural systems include freshwater marsh and wet prairie wetlands, mixed hardwood wetlands, pine-mesic oak upland forests, and disturbed mixed hardwood wetlands. The majority of the site has been mass graded and is in various stages of construction (previously authorized under permit number SAJ-2006-01461 in 2007). Due to project delays and market conditions, the project was not completed prior to the expiration date.
PROPOSED WORK: The applicant seeks authorization to construct a mixed use development consisting of single- and multi-family residential units, commercial space and office space components. Construction of the project will require 0.46-acres of impacts to wetlands and 1.40-acres of jurisdictional ditches.
This project was originally authorized on March 1, 2007 under the same permit number. The original permit covered approximately 1,037-acres and expired in 2010. The permit authorized fill impacts to 3.26-acres of jurisdictional wetlands and 44.18-acres of other waters of the U.S. (agricultural ditches). Mitigation consisted of creation of 0.14-acres of herbaceous wetland and the enhancement of 14.43-acres of wetlands.
Mass grading was completed for approximately 590-acres of the project area in 2007/2008. All of the approved wetland impacts have been completed with the exception of two wetland areas totaling 0.1-acres each. All mitigation has been completed and is currently being monitored and maintained.
The current submittal is to obtain approval for wetland and surface water impacts needed to complete development of the remaining 435-acres of the project area and re-authorize the previously approved impacts. Construction of the project will require 0.46-acres of impacts to wetlands and 1.40-acres of jurisdictional ditches.
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:
To meet project objectives, the applicant designed a site plan to preserve and maintain the largest, highest-quality ecological systems within the project boundaries, as well as those most likely to continue to function ecologically in a post-development landscape. This plan sought to direct proposed impacts towards previously fragmented, dewatered systems; anthropogenic features (agricultural ditches); and systems unlikely to continue to function ecologically in a developed landscape (because of their very small size). The impacts to wetlands have been minimized to the greatest extent possible by designing the site around existing wetland complexes and preserving these with minimum 30-foot buffers. Only three wetland impacts are required and all are required for the construction of an access roads.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
In order to compensate for the loss of ecological functions resulting from the 0.26 acre impact toW14A, the applicant will create a permittee responsible wetland creation area (Wetland Creation Area M-1). Permittee responsible mitigation is the only option as there is no ACOE approved wetland mitigation bank in the basin in which the impact will occur (the Tampa Bay Basin). The mitigation area will be created by expanding and planting an area of the floodplain compensation pond (FCP) that was created by the earlier phase of the project. The FPC is located adjacent tithe wetland that will be impacted (Mitigation Area M-1 Location map). Wetland Creation Area M-1could not be located directly adjacent to W14A because the area is a dedicated manatee county tree preservation area.
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 proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake. Utilizing the Eastern Indigo Snake Programmatic Effect Determination Key (updated January 25, 2012) yielded the following progression: A (Not Open Water) > B (Permit conditioned for Standard Protection Measures) > C (Refugia are present) > D (<25 acres of Xeric Habitat & <25 Tortoise Burrows)>E (Permit Conditioned for Tortoise Burrow Relocation). Based on the progression through the Key, consultation between the ACOE and the U.S. Fish and Wildlife Service is not required for a "may affect, but is not likely to adversely affect" determination.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork. Using the North Florida Programmatic Concurrence Key for the Wood Stork dated May 18, 2010, yielded the following progression: A (Impacts SFH >0.47 mile from colony) > B (Project Impacts SFH) > C (Project Impacts to SFH > 0.5 acre) > D (Project impacts to SFH are within a CFA) > E (Project provides SFH compensation). Impacts to SFH of 0.76 acres of wetlands and 14.78 acres of agricultural ditches are proposed on the project. Further consultation with the FWS is not required for a “may affect, not likely to adversely affect” determination based on the Programmatic Key for the Wood Stork.
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 project would not affect marine or estuarine habitat nor EFH. 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 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 within 21 days from the date of this notice. For electronic mail (preferred) submit comments to Caitlin.S.Hoch@usace.army.mil. For standard mail submit comments to 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302. Please reference this permit number, SAJ- 2006-01461(SP-CSH), on all submittals.
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, Caitlin Hoch-Nussbaum, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Caitlin.S.Hoch@usace.army.mil; by fax at (813)769-7061; or, by telephone at (813)769-7074.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.