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:
APPLICANT: D.R. Horton, Inc.
John Snyder
3501 Riga BLVD. Suite 100
Tampa, FL 33619
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Itchepackesassa Creek. The project site is located north of Midway Road and west of Charlie Taylor Road within Plant City, Hillsborough County, Florida. (Sections 02, 03, 11 Township 28S Range 22E; Figure 1).
Directions to the site are as follows: From Tampa take I-4 east towards Plant City, take the N. Park Rd exit and head north. Turn east on Sam Wilder Road, at the next intersection turn north onto N. Wilder Road. Follow N Wilder Road until you reach Midway Road. Turn East on Midway Road, continue 1 mile and the project site is on the north side of the roadway.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.074563
Longitude -82.081260
PROJECT PURPOSE:
Basic: Residential Development
Overall: To provide residential housing by constructing approximately 1,100 to 1,200 single family housing units and associated infrastructure in the Plant City area.
EXISTING CONDITIONS: The project site totals 422 acres and is currently undeveloped cattle ranch consisting of seven land use types/vegetative communities, including pasture, live oak, streams/waterways, reservoirs, wetland hardwood forest, cypress, and freshwater marsh. The property contains approximately 71.01 acres of wetlands.
PROPOSED WORK: The applicant seeks authorization to fill approximately 5.38 acres of aquatic resources associated with the development of a residential subdivision (Figure 2).
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant indicated that lot configurations and roadway alignments have been carefully evaluated and designed to avoid impacting onsite wetlands to the maximum extent practicable. The applicant has characterized their proposed design as avoiding the larger and higher quality onsite wetland areas, while maintaining conformance with state, local design standards. As depicted in the applicant’s current site plan, wetland impacts are primarily limited to those areas necessary to provide access to some areas or to avoid impacting larger wetland systems.
Under the applicant’s proposed design, wetland impacts have been sited at locations where the existing, pre-disturbed trail and fence crossings associated with the historic ranching/timbering agricultural land uses cross through wetland areas. Localizing wetland impacts to already-disturbed wetland areas was the primary minimization method employed by the applicant during the design phase. Additional design features, such as environmentally sensitive retention pond configurations, have been proposed to further minimize the proposed wetland impacts.
COMPENSATORY MITIGATION: The applicant proposes to debit 2.23 federal palustrine herbaceous credits and 0.01 palustrine forested credits from the Wiggins Prairie Mitigation Bank to offset the 5.38 acres of wetland impacts. This credit purchase offset amount was determined based on the State of Florida’s Uniform Mitigation Assessment Method.
CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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:
a. Wood Stork (Mycteria americana): The proposed project is located more than 2,500 ft from a colony site and supports marginally suitable foraging habitat. In consideration of this information, the Corps utilized the Corps of Engineers Jacksonville District, US Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008 to determine the effects upon this species. Use of the Key resulted in the sequence A-B-C-D-E, i.e., a “not likely to adversely affect” determination for wood stork pursuant to Section 7 of the Endangered Species Act, with no further consultation necessary.
Impacts to 4.78 ac of Freshwater Marsh and 0.55 ac of ditches that would be considered suitable foraging habitat (resulting in a 2.72 Functional Loss score based on the Wood Stork Foraging Habitat Assessment Procedure). To offset this loss the applicant is proposing 7.7 acres of onsite littoral zones in onsite water management features (that provide 4.71 functional gain units). In addition, the applicant is providing 2.23 Freshwater herbaceous Mitigation Bank credits that would also be Wood Stork Foraging Habitat.
b. Eastern indigo snake (Drymarchon corais couperi): The project site has suitable habitat for eastern indigo snakes, including 56 gopher tortoise burrows. The applicant did not observe any indigo snakes in any of the burrows. Potential impacts to the eastern indigo snake were evaluated using the August 2013 Eastern Indigo Snake Programmatic Determination Key, which resulted in a determination of ‘may affect’. However, a Corps permit, if issued, would be conditioned for use of the Standard Protection Measures for the Eastern Indigo Snake, and to require that all gopher tortoise burrows, active or inactive, be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed work. Based on these conditions, the Corps has determined that the project is not likely to adversely affect the eastern indigo snake, and will request concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
c. Audubon’s Crested Caracara: The project site falls within the consultation area for the caracara and has potentially suitable foraging nesting habitat. While the site includes some scattered trees (mostly patches of oaks) the preferred nesting tree for this species (the Cabbage Palm) is not present on the property. While a specific breeding season survey has not been conducted for caracaras, general surveys have been conducted as part of wetland delineations, habitat assessments, gopher tortoise burrow surveys, and kestrel surveys during the January through April time period. No observations of caracaras on or in proximity to the project site have been reported as a result of these surveys. The Corps has preliminarily made a determination of “no effect” for caracara pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): There is no EFH within or near the project location.
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 Tampa Permits Section, 915 Wilshire BLVD Suite 1109, Los Angeles, CA 90017 within 30 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, Eric R. Sweeney by electronic mail at Eric.R.Sweeney@usace.army.mil or by telephone at (760) 602-4837.
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 via their Statewide Environmental Resource Permitting (SWERP) approval process. The project received Statewide Environmental Resource Permit No. 43041770.009, issued March 15, 2024.
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.
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:
APPLICANT: D.R. Horton, Inc.
John Snyder
3501 Riga BLVD. Suite 100
Tampa, FL 33619
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Itchepackesassa Creek. The project site is located north of Midway Road and west of Charlie Taylor Road within Plant City, Hillsborough County, Florida. (Sections 02, 03, 11 Township 28S Range 22E; Figure 1).
Directions to the site are as follows: From Tampa take I-4 east towards Plant City, take the N. Park Rd exit and head north. Turn east on Sam Wilder Road, at the next intersection turn north onto N. Wilder Road. Follow N Wilder Road until you reach Midway Road. Turn East on Midway Road, continue 1 mile and the project site is on the north side of the roadway.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.074563
Longitude -82.081260
PROJECT PURPOSE:
Basic: Residential Development
Overall: To provide residential housing by constructing approximately 1,100 to 1,200 single family housing units and associated infrastructure in the Plant City area.
EXISTING CONDITIONS: The project site totals 422 acres and is currently undeveloped cattle ranch consisting of seven land use types/vegetative communities, including pasture, live oak, streams/waterways, reservoirs, wetland hardwood forest, cypress, and freshwater marsh. The property contains approximately 71.01 acres of wetlands.
PROPOSED WORK: The applicant seeks authorization to fill approximately 5.38 acres of aquatic resources associated with the development of a residential subdivision (Figure 2).
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant indicated that lot configurations and roadway alignments have been carefully evaluated and designed to avoid impacting onsite wetlands to the maximum extent practicable. The applicant has characterized their proposed design as avoiding the larger and higher quality onsite wetland areas, while maintaining conformance with state, local design standards. As depicted in the applicant’s current site plan, wetland impacts are primarily limited to those areas necessary to provide access to some areas or to avoid impacting larger wetland systems.
Under the applicant’s proposed design, wetland impacts have been sited at locations where the existing, pre-disturbed trail and fence crossings associated with the historic ranching/timbering agricultural land uses cross through wetland areas. Localizing wetland impacts to already-disturbed wetland areas was the primary minimization method employed by the applicant during the design phase. Additional design features, such as environmentally sensitive retention pond configurations, have been proposed to further minimize the proposed wetland impacts.
COMPENSATORY MITIGATION: The applicant proposes to debit 2.23 federal palustrine herbaceous credits and 0.01 palustrine forested credits from the Wiggins Prairie Mitigation Bank to offset the 5.38 acres of wetland impacts. This credit purchase offset amount was determined based on the State of Florida’s Uniform Mitigation Assessment Method.
CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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:
a. Wood Stork (Mycteria americana): The proposed project is located more than 2,500 ft from a colony site and supports marginally suitable foraging habitat. In consideration of this information, the Corps utilized the Corps of Engineers Jacksonville District, US Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008 to determine the effects upon this species. Use of the Key resulted in the sequence A-B-C-D-E, i.e., a “not likely to adversely affect” determination for wood stork pursuant to Section 7 of the Endangered Species Act, with no further consultation necessary.
Impacts to 4.78 ac of Freshwater Marsh and 0.55 ac of ditches that would be considered suitable foraging habitat (resulting in a 2.72 Functional Loss score based on the Wood Stork Foraging Habitat Assessment Procedure). To offset this loss the applicant is proposing 7.7 acres of onsite littoral zones in onsite water management features (that provide 4.71 functional gain units). In addition, the applicant is providing 2.23 Freshwater herbaceous Mitigation Bank credits that would also be Wood Stork Foraging Habitat.
b. Eastern indigo snake (Drymarchon corais couperi): The project site has suitable habitat for eastern indigo snakes, including 56 gopher tortoise burrows. The applicant did not observe any indigo snakes in any of the burrows. Potential impacts to the eastern indigo snake were evaluated using the August 2013 Eastern Indigo Snake Programmatic Determination Key, which resulted in a determination of ‘may affect’. However, a Corps permit, if issued, would be conditioned for use of the Standard Protection Measures for the Eastern Indigo Snake, and to require that all gopher tortoise burrows, active or inactive, be evacuated prior to site manipulation in the vicinity of the burrow. If an indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed work. Based on these conditions, the Corps has determined that the project is not likely to adversely affect the eastern indigo snake, and will request concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.
c. Audubon’s Crested Caracara: The project site falls within the consultation area for the caracara and has potentially suitable foraging nesting habitat. While the site includes some scattered trees (mostly patches of oaks) the preferred nesting tree for this species (the Cabbage Palm) is not present on the property. While a specific breeding season survey has not been conducted for caracaras, general surveys have been conducted as part of wetland delineations, habitat assessments, gopher tortoise burrow surveys, and kestrel surveys during the January through April time period. No observations of caracaras on or in proximity to the project site have been reported as a result of these surveys. The Corps has preliminarily made a determination of “no effect” for caracara pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): There is no EFH within or near the project location.
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 Tampa Permits Section, 915 Wilshire BLVD Suite 1109, Los Angeles, CA 90017 within 30 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, Eric R. Sweeney by electronic mail at Eric.R.Sweeney@usace.army.mil or by telephone at (760) 602-4837.
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 via their Statewide Environmental Resource Permitting (SWERP) approval process. The project received Statewide Environmental Resource Permit No. 43041770.009, issued March 15, 2024.
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.