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: Stephen C. Scalione
Benderson Development
7978 Cooper Creek Boulevard
Bradenton, FL 34201
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Cooper Creek. The project site is located in north Sarasota County southwest of the intersection of North Cattlemen Road and Desoto Road, Section 01, Township 36S and Range 18E, Sarasota County, Florida.
Directions to the site are as follows: Take I-75 to Exit 213. From exit 213 go west on University Parkway and turn south on North Cattlemen Road. Stay on North Cattlemen Road and turn west onto Desoto Road. Site is southwest of the intersection of North Cattlemen Road and Desoto Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 27.379094°
Longitude: -82.456439°
PROJECT PURPOSE:
Basic: Residential development.
Overall: The overall project purpose is to construct a multi-family residential development within the Southern Manatee & Northern Sarasota area.
EXISTING CONDITIONS: The proposed project area is approximately 27.84± acres within the limits of a Corps mitigation site with conservation easement composed of 6.81 acres of wetland creation, 19.19 acres of wetland enhancement, 35.74 acres of upland preservation, 3.74 acres of wetland preservation, 1 wildlife crossing permitted on 7 February 2005.
The land use at the project site consists of 2.19 acres of commercial and services (FLUCCS 140), 11.30 acres of pine flatwoods (FLUCCS 411), 4.68 acres of hardwood – conifer mixed (FLUCCS 434), 5.89 acres of streams and lake swamps (FLUCCS 615) and 3.78 acres of wet prairies (FLUCCS 643).
Commercial and Services (140) (2.19 ac.) – This land use type is located on the northern border of the northern Project polygon. Part of this area has been developed in to Homewood Suites hotel parking lot.
Pine Flatwoods (411) (11.30 ac.) – This land use is located throughout the center of the southern Project polygon. The canopy is dominated by slash pine (Pinus elliottii), with scattered laurel oak (Quercus laurifolia) and cabbage palm (Sabal palmetto) mixed with an understory of saw palmetto (Serenoa repens) and wild coffee (Psychotria nervosa).
Hardwood – Conifer Mixed (434) (4.68 ac.) – This land use is located between wetlands throughout the northern Project polygon. The canopy is dominated by slash pine, laurel oak, and live oak mixed with an understory of saw palmetto and wild coffee.
Streams and Lake Swamps (615) (5.89 ac.) – This land use is located throughout the site. This is the code and descriptions for the Cooper Creek. The canopy is dominated by red maple (Acer rubrum), with scattered water oak (Quercus nigra), laurel oak (Quercus laurifolia) and cabbage palm mixed with an understory of saw palmetto, lizard’s tail (Saururus cernuus), wedelia (Sphagneticola trilobata), wild coffee and alligator flag (Thalia geniculata).
Wet Prairies (643) (3.78 ac.) – This land use is located through the center of the northern Project polygon. Vegetation includes Brazilian pepper (Schinus terebinthifolia), wax myrtle (Morella cerifera) and Carolina willow (Salix caroliniana) along the edges and Peruvian primrose willow (Ludwigia peruviana), southern cattail (Typha domingensis), lizard’s tail, saw grass (Cladium jamaicense), Carolina redroot (Lachnanthes caroliana), herb-of-grace (Bacopa monnieri) and knotted spikerush (Eleocharis interstincta).
PROPOSED WORK: Based on the information provided by the applicant: The applicant proposes to fill 9.67 acres of waters of the United States to construct a 1,750 unit multi-family residential development on a Corps approved wetland mitigation area under conservation easement. The proposed multi-family residential development is divided into two areas connected by a bridge crossing over Cooper Creek. The original Corps mitigation site is composed of 6.81 acres of wetland creation, 19.19 acres of wetland enhancement, 35.74 acres of upland preservation, 3.74 acres of wetland preservation, one wildlife crossing, and one wetland mitigation bank credit. The applicant proposes to impact 4.52 acres of the wetland creation, 7.75 acres of wetland the enhancement, and 22.41 acres of the upland preservation areas of the mitigation site. The applicant would not impact the remaining 2.29 acres of wetland creation, 11.44 acres of wetland enhancement, 13.33 acres of upland preservation, 3.74 acres of wetland preservation, and the wildlife crossing.
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: A number of project alternatives have been analyzed in an effort to understand whether impacts could be avoided. There are a number of demands and constraints which compel the current design which include: Zoning, Prior Sales, Florida Power and Light (FP&L), Sarasota County Protected Habitat, Wetland Buffer Avoidance and Parking Requirements.
The proposed mitigation site will provide the region a significantly higher quality fresh water marsh and mixed wetland hardwood systems than existed at the UTC Mixed Use site prior to development. Best Management Practices (BMPs) will be utilized to ensure that off-site wetlands are not affected by construction activities associated with this project. Secondary impacts will be avoided to the greatest extent practicable. Likewise, additional impacts to the environment outside the construction area are not anticipated since BMP measures (silt fences, staked turbidity barriers, floating turbidity barriers) will be implemented for the project.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Since there are no federally approved wetland mitigation banks to service this project, wetland mitigation for this project is being provided off-site through the enhancement of low quality wetlands into high quality wetlands.
The 4.52 acres of wetland creation is proposed to be relocated to three new wetland creation areas totaling 1.68 acres. The difference between the 4.52 acres of wetland creation required and the 1.68 acres of wetland creation being moved (2.84 acres) is proposed to be modified to wetland enhancement at a 3:1 ratio. The Applicant is providing 8.52 acres of wetland enhancement to replace the remaining 2.84 acres of created wetland.
The 6.77 acres of wetland enhancement is proposed to be relocated to two existing wetlands, totaling 6.77 acres of wetland enhancement. This modification removes 0.49 acres of Enhancement from Wetland B, which was impacted during the Cattleman Road construction.
The upland preservation is being reduced by 22.41 acres due to the removal of 2.35 acres of Wetland J being classified as an isolated wetland and non-jurisdictional. This removal is proposed at an 11.5:1 ratio, due to the moderate quality of Wetland J1 (1.8 acre impact) and a 3:1 ratio due to the lower quality of Wetland J2 (0.57 acre impact).
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 made the following preliminary determinations on federally protected species.
Eastern Indigo Snake: The Corps completed an evaluation of the project based upon the August 13, 2013 updated addendum to the January 2010 North and South Florida Ecological Services Field Offices Programmatic Concurrence for use with the Eastern Indigo Snake. Use of the Key for the Eastern Indigo Snake resulted in the following sequential determination: A (The project is not located in open water or salt marsh.) >B (The permit will be conditioned for use of the Service’s Standard Protection Measures for the Eastern Indigo Snake during site preparation and protection construction.) >C (There are no gopher tortoise burrows, holes, cavities, or other refugia where a snake could be buried or trapped and injured during project activities.). This results in a NLAA determination. Based upon the NLAA determination for the Eastern Indigo Snake no further coordination is required.
Wood stork (Mycteria americana): Based upon review of the Wood Stork Key for Central and North Peninsular Florida dated September 2008, the proposed project resulted in the following sequential determination: A > B > C > E = “Not likely to adversely affect” the wood stork. This determination is based on the project not being located within 2,500 feet of an active colony site; impacts to suitable foraging habitat (SFH), project impacts to SFH are greater than 0.5 acre, project impacts to SFH would be mitigated in accordance with CWA section 404(b)(1) guidelines, consistent with the HMG within the appropriate CFA, and habitat enhancements match the hydroperiod of the wetlands. Based upon the NLAA determination for the Wood Stork no further coordination is required.
Florida Scrub-jay: The Corps has preliminarily determined the proposed project may affect, but is not likely to adversely affect the Florida scrub-jay (Aphelocoma coerulescens). The project site is located within the consultation area for the species. The FWC maintains a database of suitable scrub-jay habitat and locations of known scrub-jays. The nearest known scrub-jay nest is nest ID is 3239 and is located approximately 1.7 miles south west of the project site and was observed in 1992-1993 (the last known FWC survey). However, the site does not consist of any suitable scrub habitat for the Florida scrub jay and there have been no sightings during numerous field investigations and surveys.
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, within 25 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, Mr. Edgar Garcia, in writing at the Tampa Permits Section, 10117 Princess Palm Ave., Tampa, Florida 33610; by electronic mail at Edgar.W.Garcia@usace.army.mil; by facsimile transmission at (813) 769 7061; or, by telephone at (813) 769-7062.
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.