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:
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at angela.m.smith@usace.army.mil
APPLICANT: Richard Browning with Stanley Martin Homes LLC
400 Millenia Blvd Suite 290
Orlando, Florida 32839
WATERWAY AND LOCATION: The project would affect aquatic resources associated with roadway installation for the residential project. The project site is located at 22243 Sunny Hills Lane, Howey in the Hills, Section 10, Township 21 S, Range 25 E, in Lake County, Florida.
Directions to the site are as follows: Take exit 285 from Florida’s turnpike to US 27/FL-19. Turn left onto US 27 S and then left onto FL-19. Follow FL-19 approximately 3 miles to E Dewey Robbins Road. Take E. Dewey Robbins Road approximately 1 mile to the project site.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.6708
Longitude: -81.8014
PROJECT PURPOSE:
Basic: Residential Development
Overall: To construct a single family residential development to provide a localized and regional residential area for the City of Groveland within Central Lake County to support the increasing demand for affordable housing within the area.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite vegetation and land uses have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS). Site consists of Freshwater Marshes-641 and Wetland Forested Mixed-630. The existing area surrounding the project area consists of agricultural fields to the west and south then residential areas to the north and east.
PROPOSED WORK: This project proposes the construction of a residential development with associated roads, homes, and stormwater management system. Work on site will include clearing and grading with 0.48 acres of permanent impacts to wetlands and 0.24 acres of permanent impacts to surface waters.
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:
“Wetland and surface water impacts have been avoided and minimized to the greatest extent practicable. The approximately ±343-acre project site contains a total 104.14 acres of wetlands and surface waters. The development plan proposes a total of 0.72 acres of minimal direct impacts for the purpose of constructing the required access roads for the development. The proposed 0.72-acre wetland impact is less than l% of the total acreage of wetlands and surface waters that exist within the project site. The plan avoids any impacts to the large, high-quality wetland systems that will remain in post-development.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The site plan proposes 0.72 acres of minimal direct dredge/fill impacts to
systems W7, SW4 and SW7 (total of 1.29 acres of direct and secondary impacts) the mitigation proposed for the impacts to W7, SW4 and SW7 is the purchase of 0.37 federal freshwater herbaceous credits from Lake Louisa Mitigation Bank. For State mitigation, per the attached UMAM Summary, 0.55 units of functional gain (FG) will be provided with the on-site preservation of W-3, W-4, W-5, W-6 & W-8 (with five years of monitoring and maintenance) for a total of 10.07 acres preserved under conservation easement.”
CULTURAL RESOURCES: 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: Eastern Indigo Snake: Based on its evaluation of the project using the August 2013 north Florida effect determination key for the eastern indigo snake, the Corps has determined that the project may affect but is not likely to adversely affect for the eastern indigo snake (Drymarchon corais couperi) (A>B>C>D>E). No further consultation is necessary.
The Corps has determined the proposal would have no effect on the following listed threatened or endangered species or their designated critical habitat: Britton's beargrass (Nolina brittoniana), Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida scrub-jay (Aphelocoma coerulescens), Lewton's polygala (Polygala lewtonii), Papery whitlow-wort (Paronychia chartacea), Pigeon wings (Clitoria fragrans), Pygmy fringe-tree (Chionanthus pygmaeus), Sand skink (Neoseps reynoldsi), Tricolored bat (Perimyotis subflavus), Whooping crane (Grus americana).
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 work is located in palustrine forested wetlands which are inland from EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Florida. 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 Northwest
Branch Permits Section, 1519 Taylor Street Columbia, SC 29201 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, Angel Smith, in writing at, 1519 Taylor Street Columbia, SC 29201 or by electronic mail
at angela.m.smith@usace.army.mil; or, by telephone at (803)995-1746.
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 (WQC) is required from the St. Johns Water Management district. The project is being reviewed under application no. 213084-1.
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
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