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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

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SAJ-2024-02380 (SP-TEH)

USACE Jacksonville District, Regulatory Division
Published Nov. 26, 2024
Expiration date: 12/16/2024

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 Tracy.E.Hurst@usace.army.mil.

APPLICANT:
Tamiami 41, LLC
76 4th St. N. #2058
St. Petersburg, FL 33701

WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Little Sarasota Bay, part of the Sarasota Bay Estuarine System. The project site is located at 7914 South Tamiami Trail in the City of Sarasota, Sarasota County, Florida, in Section 28 of Township 37 South and Range 18 East.

Directions to the site are as follows: From the intersection of Interstate 75 and State Road 72 (Clark Road), proceed west on Clark Road for approximately 5 miles. Turn left (south) on South Tamiami Trail (U.S. Highway 41). Proceed for approximately 2 miles and the proposed site is located on the right (south) side of the roadway.

APPROXIMATE CENTRAL COORDINATES:
Latitude 27.235633°
Longitude -82.506625°

PROJECT PURPOSE:
Basic: To develop a multi-family residential development.
Overall: To develop a multi-family residential development in Sarasota County.

EXISTING CONDITIONS: The 32.16-acre project area is undeveloped and consists of approximately 2.88 acres of aquatic resources, inclusive of 0.67- acre of mangrove forest along the western boundary, a 1.54-acre freshwater forested wetland along the eastern boundary, and 0.67-acre of freshwater ditch-like features. Uplands consist of pine flatwoods, pine-xeric oak, and xeric oak. The project area is bordered by single-family housing to the northwest, a roadway to the northeast, undeveloped lands to the southeast, and Little Sarasota Bay to the west.

PROPOSED WORK: The applicant seeks authorization to develop a multi-family development, known as “Indianola on Little Sarasota Bay”, and including 325 multi-family units and 57 single-family attached units. The proposed work requires impacts to 0.62 acre of wetland (a 0.05-acre non-tidal portion of mangrove forest, 0.12 acre of freshwater forest, and 0.45 acre of freshwater ditch-like features).

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 current site plan has been designed to retain wetlands and minimize impacts to the greatest extent possible. Impacts to Wetland 1 are for an access road. The road has been designed to the required County standards and retaining walls were used when feasible. There is no other access to the property other than where the proposed road has been placed. There is an additional 0.05-acre wetland impact to a freshwater component of Wetland 2, which is a monoculture of Brazilian pepper. It does not have tidal connection as there is a berm that separates it from mean high water (MHW). The impact is necessary to allow for a functional road configuration and two residential buildings. Other impacts are to upland cut surface water ditches dominated by Brazilian pepper…The ditch bisects the entire site and it would be nearly impossible to design the project around this feature. Drainage patterns are being maintained for stormwater discharge”.

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

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 Little Sarasota Bay. 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 Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 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, FL 33610; by electronic mail at Tracy.E.Hurst@usace.army.mil; or by telephone at (813) 769-7063.

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.

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.

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