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
4600 W. Cypress St.
Tampa, Florida 33607
WATERWAY AND LOCATION: The project would affect waters of the United States associated with associated with Curiosity Creek a tributary to the Little Manatee River. The project site is located south of Buckeye Road and west of U.S. 301, in Sections 7, 8, 9, and 10, Township 33 South, Range 18 East, Manatee County, Florida.
Directions to the site are as follows: From I-75, take the Sun City Center exit. Travel east on Sun City Center Boulevard, approximately three miles to U.S. 301. Turn right (south) onto U.S. 301 and travel approximately 7 miles and turn right (west) onto Buckeye road. This intersection is the northeast corner of the project site.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.622631°
Longitude -82.427398°
PROJECT PURPOSE:
Basic: Mixed-use development (residential and commercial)
Overall: A proposed residential development consisting of approximately 2,162-unit residential development with supporting infrastructure and community amenities, as well as adjacent commercial development in northwestern Manatee County.
EXISTING CONDITIONS: The 1,129 acre proposed project site consists of 940.15 acres of uplands and 153.06 acres of wetlands and 37.36 acres of ditches. Onsite wetlands include 112.13 acres of forested wetlands and 40.93 acres of herbaceous marsh. The existing area surrounding the project area consists of agriculture and improved pastures.
PROPOSED WORK: The applicant seeks authorization to impact 1.48 acres of wetlands to create a turn lane into the eastern portion of the property. In addition, the proposed development will impact 37.36 acres of ditches throughout the property.
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: The site contains approximately 153 acres of wetlands of which all but 1.48 acres were avoided.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The Project Site does not fall within the service area of any currently approved wetland mitigation banks with the appropriate credits. Therefore, on-site enhancement of wetlands heavily dominated by invasive/exotic species is proposed to offset the functional loss of wetland functions as a result of this impact (See Wetland Enhancement Areas Map & Appendix F). A total of six wetlands are proposed to be enhanced including the wetland with the proposed impacts. A total of ±25.28 acres of enhancement is proposed in addition to the enhancement of the buffer on all wetlands on-site.
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork. This determination was made using the 2013 Effect Determination Key for the Eastern Indigo Snake. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary.
The Corps has determined the proposed project would have no effect on the Wood Stork. This determination was made using the 2008 Wood Stork Key for Central and North Peninsular Florida. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary.
The Corps has determined the proposal would have no effect the Florida Scrub Jay or the Florida Grasshopper Sparrow as no suitable habitat exists onsite.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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, 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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida, 33610; by electronic mail at Candice.M.Wheelahan@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7064.
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.