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: Jonathan A. Corbin
The Glenridge on Palmer Ranch, Inc.
7333 Scotland Way
Sarasota, Florida 34238
WATERWAY AND LOCATION: The project would affect waters of the United States associated with South Creek. The project site is located south of SR 72 and west of Honore Avenue near Scotland Way in Section 13, Township 37 South, Range 18 East, Sarasota, Sarasota County, Florida.
Directions to the site are as follows: From Tampa - head south on 1-75, turn west on S.R. 72 (Exit 205), tum south on Honore Ave., turn east on Palmer Ranch Parkway. Access to project site is on left (via Scotland Way).
APPROXIMATE CENTRAL COORDINATES:
Basic: Residential Development
Overall: Expand an existing residential development in the Palmer Ranch area of
EXISTING CONDITIONS: The proposed project site is a ±59.98 acre parcel that was formerly used as a golf course. The site contains approximately 27.668 acres of wetlands (Nos. 1-6) and 5.373 acres of other waters (ditches, swales, and open waters). The remainder of the site is a combination of open land, mixed hardwoods, and Brazilian pepper.
PROPOSED WORK: The applicant seeks authorization to expand an existing senior living community in Sarasota County, Florida. The work will require fill placement of ±1.156 acres of jurisdictional wetlands and ±4.278 acres of non-jurisdictional waters.
PROJECT HISTORY: The applicant previously received an Individual Permit to develop Glenridge on Palmer Ranch [Sarasota County Parcel I.D. No. 0117002040, Increment XIII of the Palmer Ranch Development of Regional Impact (DRI)] to the south of the proposed project SAJ-1992-01955 (IP-ML). This permit included approved impacts to jurisdictional wetlands. Regarding proposed off-site improvements, the subject application reflects USACE jurisdictional areas/status indicated in the USACE Permit (SAJ-1992-01955 (IP-ML)), issued 02/22/94 that included the existing Glenridge development. The jurisdictional status of Wetland 5 is not current and will need to be reviewed. The applicant has also recently acquired 2 approved jurisdictional determinations (AJD) for the area that now makes up the proposed project area [SAJ-2005-06777 (AJD-PTR) and SAJ-2018-03091 (AJD-RGH)]. Both AJDs are currently valid.
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: “All impacts to wetlands (and other waters) are necessary, unavoidable, and have been minimized to the greatest degree. Proposed impacts are to areas with prevalent exotic/invasive species. The environmentally conscientious planning approach, and opportunities presented via the assemblage of properties for the Glenridge Expansion, results in the opportunity for notable ecological net gain (including with respect to the nature of wetland impacts necessary and previously approved for the portion of the proposed Glenridge Expansion area that was f/k/a Seclusion Condominiums).”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The subject project is not within a service area of an USACE recognized wetland mitigation bank. The applicant proposes to offset impacts through wetland creation (Wetland Creation Area 1), which is estimated to be 1.32 acres. Please note that the applicants UMAM Scores have not yet been confirmed.
Wetland Creation Area No. 1 (WCA 1) will be created between Lake 4 (storm water management lake) and Wetland 2. The creation of Lake 4 adjacent to the WCA 1 is expected to provide increased buffering and protection. The wetland creation design specifies 3 planting zones ranging from seasonal high water level (SHWL) to 2-foot below SHWL, all of which comprise a free-form wetland creation mosaic. The varying depths comprising WCA 1 would be suitable for a diverse mixture of native transitional, emergent, and floating herbaceous species, as well as intermittent perimeter hydric hardwoods. This native wetland diversity will well exceed the existing quality of wetland portions proposed to be impacted (Wetlands 2 and 5).
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, Wood Stork, and the Florida Bonneted Bat.
Eastern Indigo Snake – The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake. Based on the Eastern Indigo Snake Effect Determination Key within the South Florida Ecological Service's Office (SFESO) jurisdiction (dated August 1, 2017), the Corps determination sequence is as follows: A > B > C > D = Not Likely to Adversely Affect (NLAA). The Corps has U.S. Fish and Wildlife Service (FWS) concurrence for the proposed activities through use of the aforementioned determination key.
Wood Stork - The Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork. The proposed activity is within the Core Foraging Area (CFA) of 3 rookeries; the project supports Suitable Foraging Habitat (SFH) for wood stork. Based on the Effect Determination Key for the Wood Stork in South Peninsular Florida (dated May 2010), the Corps determination sequence is as follows: A > B > C > E = Not Likely to Adversely Affect. The project provides SFH compensation within the CFA consisting of enhancement, restoration or creation (and federal mitigation bank credits) that provides an amount of habitat and foraging function equivalent to that of the impacted SFH; in accordance with the Clean Water Act section 404(b)(1) guidelines, and is not contrary to the habitat management guidelines. The Corps has U.S. Fish and Wildlife Service (FWS) concurrence for the proposed activities through use of the aforementioned determination key.
Florida Bonneted Bat – The Corps has determined the proposed project may affect, but is not likely to adversely affect the Florida Bonneted Bat. Based on the Florida Bonneted Bat (FBB) Consultation Key (dated October 22, 2019), the Corps determination sequence is as follows: 1a. > 2a. > 3b. > 4b. (Results do not show FBB roosting is likely - MANLAA-P if BMPs (Appendix D) used and survey reports are submitted. Programmatic concurrence.) = Not Likely to Adversely Affect (NLAA). The Corps has U.S. Fish and Wildlife Service (FWS) concurrence for the proposed activities through use of the 2019 FBB determination key.
The Corps has determined the proposal would have no effect on the Florida Scrub-jay as no suitable habitat exists on site.
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 been verified by Corps personnel for all wetlands except Wetland 5.
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 33610-8302 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, Ryan Hendren, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302; by electronic mail at Ryan.G.Hendren@usace.army.mil or by telephone at 813-603-1152.
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.