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: Clayton Properties Group, Inc
Attn: Joel Adams
3020 S. Florida Avenue, Suite 101
Lakeland, FL 33803
WATERWAY AND LOCATION: The project would affect wetlands and other surface waters associated with an unnamed tributary to New River and an unnamed tributary to Lake Zephyr. The project site is located at the northern terminus of Hidden Creek Boulevard in Section 32 of Township 25 South, Range 21 East near Zephyrhills, Pasco County, Florida.
Directions to the site are as follows: From Zephyrhills, head north on Gall Boulevard to Eiland Boulevard (County Road 54). Turn left and continue 3 miles to Hidden Creek Boulevard. Turn right and continue north for 0.9 mile to Hidden Creek Boulevard’s terminus at the project site.
APPROXIMATE CENTRAL COORDINATES: Latitude: 28.2611
Longitude: -82.2328
PROJECT PURPOSE:
Basic: The basic project purpose is residential housing.
Overall: The overall project purpose is to construct a Master Planned Unit Development community within the Village of Pasadena Hills Special Planning and Development District to meet the growing demand for middle-income homes within the Zephyrhills housing market.
EXISTING CONDITIONS: The 79-acre project area is currently undeveloped and consists of a mixture of pastureland, forest and shrublands. The freshwater wetland system in the project area consists of approximately 16.56 acres of forested wetlands, 0.72 acre of emergent wetlands, and 0.11 of other surface waters (ditches). Based on the Southwest Florida Water Management District (SWFWMD) Florida Land Use Cover and Classification System (FLUCCS), The project area consists of the following habitat types:
Areas to the north, east, and south of the project area are mostly developed and consist of low- to high-density residential developments. Areas to the west of the project area are primarily open pastureland with scattered low-density residential homes.
PROPOSED WORK: The applicant seeks authorization to permanently fill 1.254 acres of wetlands and temporarily impact an additional 0.165 acre of wetlands to construct a residential development. Proposed activities include the construction of residential lots, sidewalks, roadways, and roadway crossings. Roadway crossings across the wetlands would consist of elliptical reinforced concrete pipes. The temporary wetland impacts associated with the project would result from the construction of an access route to the northeast corner of the property where a flood storage compensation pond for the development would be constructed in the uplands. Once the pond is constructed, the access route would be removed and the area restored.
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:
“Avoidance was completed through the integrative planning and engineering designs described in the alternatives analysis. Minimization is by employing and maintaining adequate erosion and sedimentation control efforts in the form of silt screens, turbidity curtains, and other best management practices (BMPs) throughout the entire construction phase of the Project.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Compensation will be provided by purchase of appropriate mitigation credits from Boarshead Ranch Mitigation Bank.”
The applicant submitted a Uniform Mitigation Assessment Methodology (UMAM) analysis to quantitatively evaluate the functional loss associated with the proposed project. The functional loss associated with the project’s impacts to wetlands was determined to be 0.312 unit of forested and 0.452 unit of non-forested, totaling 0.764 unit. The applicant has proposed to compensate impacts through the purchase of 0.32 federal forested credit and 0.46 federal emergent credit from the Boarshead Ranch Mitigation Bank.
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:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork using the 2008 effects determination key for central and north peninsular Florida (A>B>C>D). The Corps has also determined that the project may affect, but is not likely to adversely affect the eastern indigo snake using the August 2013 north Florida effect determination key for the species (A>B>C>D>E). No further consultation is necessary.
The Corps has determined that the proposed project would have no effect on the eastern black rail or any other listed threatened or endangered species or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): This notice does not include consultation with the National Marine Fisheries Service on EFH, as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996, as the project area is inland and not in the vicinity of waters that can provide such habitat.
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 Los Angeles District, Arizona Branch, Attn: Jesse Rice (Regulatory Division), 3636 North Central Avenue Suite 900, Phoenix, AZ, 85012 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, Jesse Rice, in writing at the Los Angeles District, Arizona Branch, Attn: Jesse Rice (Regulatory Division), 3636 North Central Avenue Suite 900, Phoenix, AZ, 85012; by electronic mail at Jesse.M.Rice@usace.army.mil; or, by telephone at (602) 230-6854.
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.
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). The SWFWMD issued a water quality certification on October 19, 2023 (permit number 43045996.001), which was subsequently modified on July 24, 2024 (permit number 43045996.002).
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.