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.

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SAJ-2020-00863 (SP-EWG)

Published May 20, 2020
Expiration date: 6/10/2020
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:

Edward K. Atzenhoefer
Abundant Life Family Legacy Irrevocable Trust
2308 W Bristol Avenue
Tampa, FL 33609

James W. Eyer
ASL Re Reserve at Idlewild, LLC
4801 George Road #190
Tampa, FL 33634

WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater wetlands. The project site is located at 18420 Exciting Idlewild Boulevard, Lutz, in Sections 15, Township 27S and Range 18E, Hillsborough County, Florida.

Directions to the site are as follows: To access the project from I-275, take exit 53 Bearrs Avenue and travel 2.8 miles west. Turn right unto North Dale Mabry Highway (SR-597), and head north 3.7 miles and exit right unto Exciting Idle Wild Boulevard. Travel 0.4 miles to the entrance of the Lodges Assisted Living Facility.

Latitude: 28.136387°
Longitude: -82.493502°

Basic: Mixed use Multi-family residential building
Overall: To expand the existing Assisted Living Facility (ALF) with a New 80,000 square feet building containing 250 beds. The building will also house restaurant dining to serve residents and guests.

EXISTING CONDITIONS: The project is collocated with an existing 80,000 square feet 101 unit ALF. The project site consists of approximately 8.15-acres, of which there is a total of 4.48 acres of Waters of the United States.

The upland portion of the primary tract has been developed and consists of several threestory buildings, extensive parking pavement, a stormwater pond, and landscape/turf. There remaining uplands consist of a Tree Plantation that is populated by slash pine (Pinus elliottii) with a thin shrub understory and dense groundcover of mostly native vegetation. However, the wetland setback area did include aggressive invasive species such as Japanese climbing fern (Lygodium japonicum), punktree (Melaleuca quinquenervia), dog fennel (Eupatorium capillifolium), climbing hempvine (Mikania scandens), Brazilian pepper (Schinus terebinthifolius), and Chinese tallow (Triadica sebifera).

The approximately ±4.48 acres of on-site wetlands is part of an extensive cypress swamp/freshwater marsh complex of approximately 36 acres. The canopy of the on-site wetland, specifically in the area of the proposed wetland impacts is dominated by pond cypress (Taxodium ascendens), but also includes scattered specimens of bays (Persea spp.) and dahoon (Ilex cassine). The relatively thin shrub layer consisted of the above canopy species but was mostly populated with wax myrtle (Morella cerifera). Groundcover was profuse and in the 0.5- acre lobe of the wetland there were species such as tenangle pipewort (Eriocaulon decangulare), beakrushes (Rhynchospora spp.) blue maidencane (Amphicarpum muehlenbergianum), and marsh mermaidweed (Proserpinaca palustris). In the main body of the wetland, along the landward extent, swamp fern (Blechnum serrulatum), taperleaf waterhorehound (Lycopus rubellus), cinnamon fern (Osmundastrum cinnamomeum), and Virginia chainfern (Woodwardia virginica) were more populous.

PROPOSED WORK: The applicant seeks authorization to fill approximately ±0.65 acres of Waters of the United States to construct a mixed-use development that includes an 80,000 square feet Assisted Living Facility with 250, restaurants, and other amenities.

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: Extensive coordination with Florida State and County agencies aided in reducing “the proposed impact as much as possible. Building modifications were made and the building was shifted north as much as it could be. Additionally, the width of the building was reduced and the amount of open space along the back side of the building was reduced to minimize the encroachment from. After extensive alternative planning efforts and coordination with these agencies, the impact area was reduced from +/-0.71 acres (original proposal submitted to EPC) to +/-0.65 acres.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset the unavoidable functional loss to the aquatic environment: The minor wetland impact of 0.65 +/- acres is a result of the change in anticipated use based upon the demand. Appropriate mitigation banks were determined to not be available, as such we have proposed the creation of a +/-3.00 acre mitigation area (in addition to the existing +/-9.64 acres wetland) on the property located on the north side of this site, across Exciting Idlewild Boulevard, together with a +/-12.71 acre conservation/preservation easement. The mitigation & preservation parcel is owned by Abundant Life Family Legacy Irrevocable Trust, the previous Owner of the Lodges Phase II parcel. The owner of this parcel entered into a Wetland Impact Approval and Mitigation Agreement with EPC for benefit of The Reserves development prior to sale of the parcel to ASL RE Reserve at Idlewild, LLC. The result will be a total wetland area on this parcel of 25% that will be located within the dedicated conservation/preservation easement.

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 (NLAA) the Eastern indigo snake (Drymarchon corais couperi), and the Wood Stork (Mycteria americana). Additionally, The Corps has determined the proposal would have no effect on the Florida scrub jay (Aphelocoma coerulescens).

Eastern Indigo Snake (Drymarchon corais couperi): 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.) = Not Likely to Adversely Affect (NLAA) with the applicant adherence to the standard protection measures for the Eastern Indigo Snake. 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 > D > 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 being 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 and ditches affected and provide higher foraging value than impacted wetlands and ditches. Based upon the NLAA determination for the Wood Stork no further coordination is required.

Florida scrub jay (Aphelocoma coerulescens): The project area is within the consultation area for the Florida scrub jay. The Corps has made the preliminary determined the proposal would have no effect on the Florida scrub jay or its designated critical habitat. This determination is based on review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.

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 as the project is inland of fisheries resources. 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/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, Edgar Garcia, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at; 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. 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.