SAJ-2024-01532 (SP-TEH)

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 Little Bullfrog Creek.  The project site is located at 10509 County Road 672 in Riverview, Hillsborough County, Florida, in Section 20 of Township 31 South and Range 20 East.

Directions to the site are as follows:  From the intersection of Interstate 75 and County Road 672 (Old Big Bend Road), proceed 1.3 miles east on County Road 672.  Turn right (south) on US Highway 301.  Proceed approximately 1.5 miles.  The site is located at the southeast corner of the intersection of US Highway 301 and County Road 672.

PROJECT PURPOSE:  Basic:  To construct a retail center.

Overall:  To construct a retail center along US Highway 301, between County Road 672 (Old Big Bend Road) and State Road 574, a roughly 5.5-mile section of roadway.

EXISTING CONDITIONS:  The 15.22-acre project area contains approximately 3.974 acres of freshwater aquatic resources (3.636 aces of wetlands and 0.338 acres of non-wetland waters) and 11.246 acres of uplands.  The aquatic resources on the project site primarily consist of freshwater bottomland hardwood wetland systems.  The onsite wetland vegetation is primarily composed of laurel and water oak (Quercus laurifolia; Q. nigra) and sweetgum (Liquidambar styraciflua) with lesser amounts of red maple (Acer rubrum) and swamp tupelo (Nyssa sylvatica var. aquatica).  The proposed project area is surrounded by commercial and residential development to the north, west, and east.  To the south, the habitat is undeveloped and similar to that with the proposed project area.

PROPOSED WORK:  The applicant seeks authorization to construct a retail project known as “Ferber Retail at Balm Riverview”, requiring impacts to 0.761 acre of aquatic resources, including 0.719 acre permanent impact and 0.042 acre temporary impact.   Impacts include those to 0.541 acre mixed bottomland hardwood forest, 0.054 acre of marsh, 0.126 acre of ditch, and 0.04 acre of pond.

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:  “Construction activities are moved as far west from the large forested wetland (Wetland 1) as possible. An access road must be placed as shown on the permit drawings due to FDOT & county traffic regulations & design specifications. This road defines the limits of development for the commercial / retail parcels that must abut US 301. Only fringe habitats of Wetland 1 are impacted by the road.  Other unavoidable impacts are to small isolated wetlands located within development parcels.  Sufficient hydrology of these small wetlands cannot occur in the post-development condition.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant proposes to purchase credits from a federally-approved 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 reached a preliminary determination that the proposed project may affect, but is not likely to adversely affect the wood stork and eastern indigo snake. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

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, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610 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, Tracy Hurst, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Tracy.E.Hurst@usace.army.mil; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7063.  Should you require drawings of the proposed work, please contact the project manager directly via email.

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 Southwest Florida Water Management District (SWFWMD).  The SWFWMD is currently evaluating the proposed work under Application No. 443085-001.

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.