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: Larson Communities No. 3, LLC
4691 N.E. Laurel Oak Lane
St. Petersburg, FL 33703
WATERWAY AND LOCATION: The project would affect waters of the United States
associated with Brooker Creek. The project site is located immediately north of The
Eagles subdivision, west of Patterson Road and north of Eagles Entry Drive in
Hillsborough County, Florida, in Section 30 of Township 27 South and Range 17 East..
Directions to the site are as follows: From the intersection of Keystone Road (Tarpon
Springs Road) and Patterson Road in northwest Hillsborough County, proceed south on
Patterson Road for approximately 2.5 miles. Turn right onto Eagles Entry Drive.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.110636°
Longitude -82.640825°
PROJECT HISTORY: On January 21, 2015, the Corps issued a permit to CDW, Inc. under the same file number for the construction of a single-family residential development known as “Larson Properties at The Eagles”, requiring the piping of 2.11 acres of open water ditch and impacts to 210 square feet (or 0.005 acre) of wetlands to construct 36 lots. This work has been completed. The applicant currently proposed to modify this permit as described below to add additional lots..
PROJECT PURPOSE:
Basic: To construct single-family residential lots.
Overall: To construct additional single-family residential lots within an existing subdivision.
EXISTING CONDITIONS: The 9.72-acre project area is positioned within an existing subdivision.
The environmental characteristics of the project site are very similar to those that
characterize partially developed properties in northwest Hillsborough County. The site is
dominated by uplands, primarily areas that have been cleared in the past for
development activities including road clearing and the installation of sub-surface utilities
such as sanitary sewer.
Onsite uplands are dominated by the mapped land use code titled “Open Lands” and consist areas of open fields and stands of trees. The open field areas, and are primarily vegetated by low-growing groundcover species including bahiagrass (Paspalum notatum), black root (Pterocaulon virgatum), paw paw (Asimina reticulata), Virginia creeper (Parthenocissus quinquenervia), shiny blueberry (Vaccinium myrsenites), wild grapevine (Vitis aestivalis), blue maidencane (Amphicarpum muhlenbergianum) and the exotic cogon grass (Imperata cylindrica), with scattered patches of saw palmetto (Serenoa repens). Widely scattered live oak (Quercus virginiana) and laurel oak (Quercus laurifolia) trees also occur in these areas. The canopy within onsite wooded uplands consists of a mix of slash pine (Pinus elliotti), longleaf pine (Pinus palustris), live oak, laurel oak and occasional red bay (Persea borbonia). These open areas were cleared in the past for development (with underground utilities installation) and also bear evidence of disturbance including numerous spoil mounds, street patterns, remnant construction debris and domestic/landscape dumping.
While the majority of this tract has been classified as open lands, natural upland habitat
areas also occur. This upland habitat can be characterized as hardwood-coniferous
mixed forest, and is dominated by a mix of slash pine, longleaf pine, live oak, laurel oak and red bay trees. Understory and groundcover vegetation includes wax myrtle, saw palmetto, bracken fern (Pteridium aquilinum), wild grapevine and broomsedge (Andropogon virginicus). These areas also bear signs of disturbance, including domestic/landscape dumping, and remnant construction debris, and spoil areas.
A man-made drainage channel occurs along the western boundary of the Nine Eagles property. This drainage ditch appears to have been excavated from uplands and had shallow standing water during a March 2017 site visit. The ditch is approximately 10-15 feet wide and varies in depth from 2-6 feet and is intermittently vegetated by opportunistic/weedy species such as elderberry (Sambucus canadensis), blackberry (Rubus sp.), wild grapevine, soft rush (Juncus effusus) and caesar weed (Urena lobata). Trees (primarily live and laurel oak) are established along the ditch perimeter and spoil berm and bald cypress (Taxodium distichum) have been planted along portions of the ditch bank west of Lots 1 through 4 of Block N. Wetland areas adjacent to this tract are characterized as wetland hardwood forests,. The tree canopy includes slash pine, laurel oak, red maple (Acer rubrum) red bay and dahoon holly (Ilex cassine). Understory and groundcover vegetation includes wax myrtle, Virginia chain fern (Woodwardia virginica), swamp fern (Blechnum serrulatum) and sphagnum moss. Evidence of past ground disturbance, including remnant swales and low spoil areas, was observed within the wetlands. In addition, many dead and fallen pine trees were observed within the wetland interior.
PROPOSED WORK: The applicant seeks authorization to modify/expand a residential development known as “Larson Properties at The Eagles”, requiring additional impacts to 0.58 acres of wetlands (0.565 permanent and 0.015 temporary) for residential lot pads.
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:
“In order to complete their development of the Nine Eagles property, the Applicant must
now obtain approvals to construct the few remaining lots that have been plated within
wetland areas. There are 14 lots total that fall into this category, where all, or a portion
of, the lot has been platted within wetlands or surface water areas. In an effort to avoid
wetland impacts to the greatest degree practicable, the Applicant proposes to construct
only eight (8) of the original Unit One – Section I plated lots that require wetland/surface
water impacts for construction. While additional uplands were delineated within the
northwest quadrant of the property, the development of lots in that location would
require much greater environmental impacts to construct. As such, the 11 lots that are the subject of this permit application represent the final construction increment that is proposed within the Nine Eagles property owned by the Applicant.”
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 0.18 palustrine, forested credits from Big Bullfrog Creek Mitigation Bank.
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:
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 Service 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 within 21 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments through the Tampa Permits Section at 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610 or by email at Tracy.E.Hurst@usace.army.mil.
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 (WQC) is required from the Southwest Florida Water Management District (SWFWMD). The SWFWMD has issued Environmental Resource Permit No. 43040629.003, constituting WQC.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the SWFWMD. The SWFWMD has issued Environmental Resource Permit No. 43040629.003. 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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