SAJ-2024-01254 (SP-EWG)

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:

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Big Slough Canal and Creighton Waterway. The project site is located in Section 3-6, 8-10, 15 & 16, Township 39 South, Range 11 East, Toledo Blade Blvd, North Port, Sarasota County, Florida 34289.

Directions to the site are as follows:  From Interstate 75, take the Toledo Blade exit 179 and head north on Toledo Blade Boulevard. Continue north on Toledo Blade Boulevard for approximately 1 mile, and the entrance to the proposed project site is located on the right.

PROJECT PURPOSE: Basic:  Mixed use residential development.

Overall: The overall project purpose is to construct a mixed use development in Sarasota County that includes both single-family and multi-family homes. The project proposes to include a mixture of commercial and office and associated infrastructure (roadways, parking, stormwater management system) and a golf course.

EXISTING CONDITIONS:  The proposed project location covers 2,085.74 acres, with 586.96 acres being freshwater wetlands and 26.34 acres being surface waters. The wetlands systems consist mainly of herbaceous areas such as freshwater marsh and wet prairie, as well as wetland scrub, willow heads, hydric pine, and mixed forested wetland communities. The surface waters primarily consist of man-made systems including three large borrow pits and conveyances.

The remaining 1,472.44 acres of the site consist of uplands. Approximately half of the uplands (around 693 acres) are used for non-native purposes such as improved pasture, woodland pasture, roads, and utility corridors. The remaining uplands (about 780 acres) include pine flatwoods, shrub and brushland, hardwood conifer mixed habitat, temperate hardwoods, live oak, and cabbage palm hammocks. The west and central portions of the proposed project site were historically converted to pasture and are currently used for cattle operations. Additionally, a large transmission corridor runs through the middle of the site. The property directly borders Toledo Blade Boulevard to the west and Interstate 75 to the south.

PROPOSED WORK:  The Corps evaluated most of the proposed project under the DA permit SAJ-2005-09394, which was issued on July 31, 2006. The construction window for the project was extended on May 19, 2013, to expire on July 31, 2015. Since the permitted project was never constructed, the Corps is evaluating the proposal as a new project.

The applicant seeks authorization to dredge and fill 12.57 acres of freshwater herbaceous wetlands and dredge and fill 26.06 acres of other surface water (OSW) for the construction of a mixed-use development. The proposed development consists of a mixture of single-family and multi-family residential uses (with a maximum of 3,598 residential units), commercial, and office uses. The development will also include a golf course and several amenities (i.e., amenity centers and clubhouses), along with roadway and stormwater infrastructure.  The majority of the impacts will occur as a result of fill, except for dredging impacts necessary for the construction of 90 wet detention ponds/lakes used for stormwater treatment and floodplain attenuation for runoff from the site.  The proposed project fill material will be generated onsite through dredging for the construction of ponds/lakes; in this case, fill from the lakes will be distributed throughout the site to create fill pads for roads and residential/commercial development pads. In addition to the dredge and fill activities, the roadway crossings proposed in wetlands 15 and 76 will be constructed with concrete retaining walls to minimize wetland impacts. The crossings will also have large box culverts (each 4 feet 12 wide) to maintain hydrology and flow under the crossings. With the exception of the proposed impacts, all other wetlands are being preserved and maintained with a 25-foot average buffer.

The specific site plan details for the commercial and multi-family uses have yet to be finalized, but they will be located on the western side of the property. Another commercial tract is proposed directly east of the Florida Power and Light (FPL) transmission corridor and will include a variety of commercial and office uses along with public open space areas (community parks and event lawns). The golf course and the majority of the residential development are being proposed east and south of the FPL transmission corridor.

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 proposed site plan has been designed to minimize wetland impacts by focusing the majority of the development footprint in uplands and preserving approximately 98 percent of on-site wetlands.

Most wetland impacts are associated with roadway crossings necessary for access. The project designed the alignment of the roadways to cross the narrowest portion of the wetlands and meander around wetlands where feasible to minimize impacts. Retaining walls and box culverts are also used with the roadway crossing design to reduce impacts. Without the use of retaining walls, typical roads with standard fill side slopes (4:1 slope) would result in 3.62 acres of additional wetland impacts. The road crossings associated with wetlands 76 & 15 have also been designed with large box culverts to maintain hydrology and flow for the wetlands. A total of six large box culverts are proposed for Wetland 76, each of which will measure 4-feet tall by 12-feet wide. The new culvert design is an improvement relative to the original design (from the previous DA permit), which had six 24-inch by 36-inch culvert pipes and three 5-foot x 8-foot box culverts. Likewise, two large box culverts are proposed for the road crossing over Wetland 15, each measuring 3-feet tall by 10-feet wide. The new design is also an improvement relative.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  An analysis was conducted utilizing the Uniform Mitigation Assessment Methodology (UMAM) to evaluate the proposed project's wetland impacts and quantitatively evaluate the associated functional loss. The functional loss associated with the project's wetland impact totals 6.84 units for herbaceous wetlands. The proposed project's impact functional loss of 6.84 units will be offset by purchasing 6.84 federal herbaceous credits from the Myakka Mitigation Bank.

CULTURAL RESOURCES:  The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. Due to the project being previously permitted facility, and the Cultural Resource Assessment Survey result only identifying one earthen canal  that is a common example of its style and has no known historical associations with significant persons and/or events, the Corps has determined that the project would have No Potential to Affect Historic Properties.

ENDANGERED SPECIES:  The Corps made the following determinations pursuant to Section 7 of the Endangered Species Act.

Wood stork (Mycteria americana): The project area is located within the Wood Stork consultation and foraging areas.  Based upon the review of the Wood Stork Effect Determination Key (May 18, 2010) the proposed project resulted in the following sequential determination: A > B > C > E “not likely to adversely affect”. With an outcome of "no effect" or "NLAA as outlined in this key, and the project has less than 20.2 hectares (50 acres) of wetland impacts, the requirements of section 7 of the Act are fulfilled for the wood stork and no further action is required.

Florida Bonneted Bat (Eumops floridanus): The project falls within USFWS Consultation Area for the Florida bonneted bat (FBB). USFWS has designated Critical habitat in 10 counties (Charlotte, Lee, Collier, Monroe, Miami-Dade, Polk, Okeechobee, Desoto, Sarasota, and Osceola) in the federal register (85 FR 35510-35544). Foraging habitat is comprised of relatively open areas to find and catch prey, and sources of drinking water in areas with a reduced number of obstacles. Potential roosting habitat includes forest and other areas with tall, mature trees or other areas with suitable roost structures (such as utility poles, bat houses, buildings, bridges, etc.). Based on the FBB Consultation Key (dated October 22, 2019), the Corps determination sequence: 1a>2a>3b>6a>7a>8b “LAA” further consultation with USFWS is required.

Eastern Indigo Snake (Drymarchon couperii corais): – The project is located within USFWS eastern indigo snake (EIS) consultation area. The EIS is classified as a Threatened species by USFWS (43 FR 4026 4029). No critical habitat has been designated for this species. Wherever the EIS occurs in xeric habitats, it is closely associated with the gopher tortoise (Gopherus polyphemus), the burrows of which provide shelter from winter cold and summer desiccation. Based on the EIS Programmatic Effect Determination Key (August 1, 2017) the proposed project resulted in the following sequential determination: A > B > C > “may affect”. The Corps has determined the proposed project may affect the EIS. The applicant believes that the project site provides little refugia sites and the project will follow BMPs for the EIS. Based on the EIS Programmatic Effect Determination Key reaching a “may affect” determination, the Corps will initiate consultation with USFWS.

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.

Navigation: The proposed structure or 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 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 Tampa Permits Section, by electronic mail to Mr. Edgar W. Garcia at the following email: Edgar.W.Garcia@usace.army.mil with the project number, SAJ-1992-00708, in the subject line.  Comments can also be submitted by mail at 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 Edgar W. Garcia, Senior Project Manager, by electronic mail at Edgar.W.Garcia@usace.army.mil, or in writing at the Tampa Permits Office at 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610, 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.

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 may be required from the Florida Department of Environmental Protection (FDEP).

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.