SAJ-2006-07065 (SP-GLH)

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:

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with the Hillsborough River. The 200-acre project site is located west of Kathleen Road, north of West Campbell Road, south of Raulerson Road, and east of a CSX Railroad line in the unincorporated area of Polk County, Florida. The project is located adjacent to the west of the adjoining Fox Branch East project.

Directions to the site are as follows: From Interstate 4 take Exit 31 onto State Route 539/Kathleen Rd, turn left onto Kathleen Rd and continue on Kathleen Rd for approximately 6.5 miles. The destination is on the left side of the road.

PROJECT PURPOSE:  Basic:  Construction of a single-family residential development.

Overall:  Construction of a single-family residential community near

Interstate 4, in the regional area of Lakeland, Florida to meet the demand of local municipal growth.

EXISTING CONDITIONS:  The subject property has been an active cattle ranch for over 60 years. The site consists of both improved (127.1 acres) and unimproved (31.4 acres) pastures sprawling between various wetland communities. Aquatic resources onsite consist of 15.4 acres of mixed wetland forest, 13.9 acres of vegetated, non-forested wetlands, 10.5 acres of mixed wetland hardwoods, and 3.4 acres of reservoirs.  Primary canopy vegetation includes red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), slash pine (Pinus elliottii), and water oak (Quercus nigra) with pockets of cypress (Taxodium spp.) in larger systems. Midstory and groundcover vegetation consists of juvenile red maple, Carolina willow (Salix caroliniana), wax myrtle (Morella cerifera), Virginia chain fern (Woodwardia virginica), and cinnamon fern (Osmundastrum cinnamomeum) in forested systems. Groundcover in non-forested systems consists primarily of soft rush (Juncus effusus), cinnamon fern, and smartweed (Persicaria spp.). All wetland systems have encroachment of non-native and nuisance species such as bahiagrass (Paspalum notatum), Peruvian primrose willow (Ludwigia peruviana), and caesarweed (Urena lobata) where the system edges meet the surrounding pastures.

PROPOSED WORK:  The applicant seeks authorization to construct a 200-acre residential development, known as Fox Branch West, with associated infrastructure, amenities, and surface water management system. The proposed project would require the discharge of dredged or fill material in 2.34 acres of forested wetlands and 0.6 acre to vegetated non-forested wetlands. All fill material would be clean fill, devoid of any debris, trash, or hazardous materials. All dredged materials would be stored and disposed of solely in uplands.

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:  During final engineering, wetlands and surface waters have been considered and avoided to the greatest extent practicable. Design efforts considered all practicable alternatives for the site layout to avoid the majority of larger wetland systems onsite and reduce overall impacts to the greatest extent while accomplishing the purpose and need for the project.

The shape and placement of residential lots, alignment, and width of roadways at minimum design standards, and placement of passive development, such as stormwater ponds, adjacent to remaining wetlands were considered throughout the design phase.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  To offset the proposed functional loss of 2.94 acres of wetlands and other surface waters, the applicant proposes the purchase of 0.88 palustrine forested and 0.34 palustrine emergent mitigation bank credits from the Wiggins Prairie Mitigation Bank. Mitigation credits have been assessed via Unified Mitigation Assessment Methodology (UMAM).

CULTURAL RESOURCES:  A Cultural Resource Assessment Survey of the Fox Branch West Property was previously surveyed for archaeological/historical resources in 1990 as part of the Proposed Lexington Park Development of Regional Impact (DRI), Phase One, Development Site. Based on this previous Cultural Resource Assessment Survey (CRAS) conducted by Piper Archeological Research, Inc. no finds eligible for listing on the National Register of Historic Places were identified and no historic archaeological sites or historic structures were identified onsite. A concurrence letter from SHPO was received on February 27, 2007. Additionally, an updated CRAS was conducted by Florida Archeological Services Inc. in May 2022, concluding that no archeological or historic sites were discovered on the project area. Division of Historic Resources (DHR) concurred and issued an opinion that the project would have no effect on eligible historic properties; however, during review under the FDEP State 404 Assumption Program, the Seminole Tribe returned comments that the previous survey was insufficient. Therefore, a new CRAS was conducted (dated March 2024).

The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES:  The site is within the core foraging areas of four known wood stork colony sites, and has suitable foraging habitat. The applicant is proposing to provide mitigation at an approved mitigation bank which is within the appropriate CFA and of matching hydroperiod of the proposed impacts and is not contrary to the Habitat Management Guidelines for the Wood Stork in the Southeast Region. Use of the 2010 effect determination key for the wood stork in south Florida provided a determination of ‘may affect, not likely to adversely affect (MANLAA)’ for the wood stork (A-B-C-E), with no further consultation necessary.

The site provides more than 35 acres of suitable habitat for the eastern indigo snake. Although use of the 2017 effect determination key for the indigo snake in south Florida provided a ‘may affect’ determination, the Florida Fish and Wildlife Conservation Commission stated in a letter dated November 13, 2023, that the project site is not within any buffer areas from known occurrences of indigo snakes. Based on this information, the Corps has determined that the proposed project may affect but is not likely to adversely affect (MANLAA) the indigo snake The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposal would have no effect on the following listed, threatened, or endangered species or their designated critical habitat: Audubon’s crested caracara (Caracara plancus audubonii), blue-tail mole skink (Eumeces egregius lividus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), and Florida scrub jay (Aphelocoma coerulescens).

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. The project is located within freshwater mixed hardwood/herbaceous wetlands. The project is not located in or near waters considered to be EFH. Therefore, our initial determination is that the proposed action would not have an adverse effect on EFH or Federally managed fisheries. 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.

Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Regulatory Division, Policy Analysis Branch, Galveston District Permits Section, 2000 Fort Point Road, Galveston, TX 77550, 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, Gerry Hidalgo, in writing at the Galveston District Permits Section, 2000 Fort Point Road, Galveston, TX 77550; by electronic mail at Gerardo.L.Hidalgo@usace.army.mil; or, by telephone at (409) 766-3040.

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.

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.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Southwest Florida Water Management District (SWFWMD) for the construction of the associated stormwater system associated with this project. SWFWMD has reviewed and issued Permit Number 43030667.017.

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.