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:
CG Land Services, LLC.
1901 Ulmerton Road, Suite 475
Clearwater, FL 33762
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Lake Van - Withlacoochee Swamp. The project site is located adjacent to Lake Van at Lake Van Road in Section 26, Township 27 South, Range 26 East, Polk County, Florida.
Directions to the site are as follows: From the intersection of I-4 and SR 559 take SR 559 south to Lake Van Road. Turn east on Lake Van Road. The subject site is approximately ¼ mile down on the south side of Lake Van Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.104832°
Longitude -81.782016°
PROJECT PURPOSE:
Basic: Residential
Overall: Construction of a residential subdivision and associated infrastructure.
EXISTING CONDITIONS: The 120-acre Jeans Road project site currently supports eleven (11) land use types within its boundaries. The upland land use types on site are classified as Open Land (190), Improved Pastures (211), Mixed Hardwoods (438), and Spoil Areas (743). The wetlands & surface water land use types on site are classified as Streams and Waterways (510), Lakes (520), Reservoirs less than 10 Acres, (534), Mixed Wetland Hardwoods (617), Slash Pine Swamp Forest (627), Vegetated Non Forested Wetlands (640), and Freshwater Marshes (641).
The Wetland and Surface Waters within the project have been contoured and maintained for agriculture proposes. The surface waters that are interconnected move water from the southern Western and northern portions of the project to a central location and then turns the water east toward Lake Van. The surface water exits the area maintained for agriculture purposes and enters a large Florida native forested wetland system. Water flows through this forested wetland system and eventually enters Lake Van. The upland portion of the subject site consist of agriculture pasture lands and fallow grove lands. The surround areas consist of agriculture lands that are being rapidly converted to residential subdivisions. The historic agriculture land use has altered the natural hydrologic conditions of the on-site wetlands. The numerous ditches and ponds have allowed nuisance and exotic plant species to propagate and spread to the scattered wetland/surface water systems. The lack of any natural management has caused the wetlands and constructed surface waters to become overgrown with inappropriate more transitional species as well as nuisance and exotic species.
PROPOSED WORK: The applicant seeks authorization to impact approximately 2.27 acres of Waters of the United States to develop 120 acres to construct a residential subdivision, associated roads, and the stormwater management system.
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 plan was developed with specific goals, including avoidance and minimization of impacts to a degree of allowance for project feasibility. The proposed impact to 5.37 acres of on-site wetlands is required for the project. USACE jurisdictional impacts are approximately 2.27 acres of low-quality wetlands/surface waters. The majority of the impacts are to hydric cut surface waters and impoundments created by agriculture operations. Most of the these low-quality wetlands & surface waters are centrally located thus making avoiding them impossible for the site to be developed. No impacts are proposed to the high-quality forested wetland that is adjacent to Lake Van. Typically, most projects would propose access to the lake for the residents, but in this instance, it is not being proposed due to the quality of the wetland and the impacts that would be incurred if access to the lake were granted.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset the unavoidable functional loss to the aquatic environment: Mitigation to offset the function loss incurred via the project’s direct and secondary jurisdictional wetland impacts will be provided by on-site mitigation and purchase of credits from a Federally approved mitigation bank.
Based on the UMAM evaluation, the calculated functional loss of the impacted Palustrine emergent and Palustrine forested wetlands would total of 1.46 units.
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 proposal may affect the Eastern Indigo Snake (Drymarchon corais couperi) or its designated critical habitat. Also, the Corps has determined the proposed project may affect, but is not likely to adversely affect the (NLAA) the Wood Stork (Mycteria americana). Additionally, the Corps has determined the proposal would have no effect on the Florida scrub jay (Aphelocoma coerulescens), the Sand-skink (Neoseps reynoldsi), the Florida Grasshopper Sparrow (Ammodramus savannarum floridanus), the Crested Caracara (Polyborus plancus audubonii), and the Everglades Snail kite (Rostrhamus sociabilis plumbeus).
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 >B > C > D = “may affect”. The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
Wood stork (Mycteria americana): Based upon the 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. Also, the project impacts to suitable foraging habitat (SFH), project impacts to SFH are greater than 0.5 acres, project impacts to SFH are within the CFA of a colony site, and project impacts to SFH being mitigated in accordance with CWA section 404(b)(1) guidelines. Based upon the NLAA determination for the Wood Stork, no further coordination is required.
Florida Scrub-Jay (Aphelocoma coerulescens): The proposed project is located within the Scrub-jay consultation area. There is no designated critical habitat for the scrub jay listed in the federal register (52 FR 20715-20719). Persistent breeding populations of Florida scrub-jays exist only where there are scrub oaks in sufficient quantity to provide an ample winter acorn supply, cover from predators, and nest sites during the spring. The site is at a former agricultural & farming operations area, does not support scrub jay foraging or nesting habitat. The Corps has determined that the proposed project will have “no effect” on Florida Scrub-Jay and no further consultation with FWS is required.
Sand-skink (Neoseps reynoldsi): The proposed project site is located within the consultation area for the species and elevations on-site meet the threshold at which skinks may be found. The applicant provided a formal Sand skink (Neoseps reynoldsi) survey associated with the proposed project site. Based on the conclusion of the results of a formal coverboard sand skink survey on the project site, the Corps has determined that the proposed project will have “no effect” on sand-skink (Neoseps reynoldsi) and no further consultation with FWS is required.
Florida Grasshopper Sparrow (Ammodramus savannarum floridanus): The project area is within the consultation area for the Florida Grasshopper Sparrow. However, No Florida Grasshopper Sparrows were observed on the site during the environmental assessment. Additionally, there is no suitable habitat for this species within or adjacent to the site boundary. The Corps made the preliminary determined the proposal would have “no effect” on the Florida Grasshopper Sparrow or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.
Crested Caracara (Polyborus plancus audubonii): The project area is within the consultation area for the Crested Caracara. Although, there are documented sighting of Caracara 1.9 miles northwest of the project in lake Juliana and 3.0 miles southeast by lake Alfred, no Crested Caracaras were observed within the project impact footprint. Since the project would not cause permanent impacts to suitable habitat for the species, the Corps made the preliminary determined the proposal would have “no effect” on the Crested Caracara or its designated critical habitat. This determination is based on a review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat.
Everglades Snail kite (Rostrhamus sociabilis plumbeus): The proposed project is within the consultation area for the Snail kite. However, the project as proposed would not impact any of the large open freshwater marshes and lakes with shallow water, nor the low density of emergent vegetation. the Corps made the preliminary determined the proposal would have “no effect” on the Everglades Snail kite or its designated critical habitat. This determination is based on a 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 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 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, Edgar Garcia, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, 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. 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.