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SAJ-2024-04231 (SP-TEH)

U.S. ARMY CORPS OF ENGINEERS REGULATORY DIVISION
Published Feb. 4, 2025
Expiration date: 2/25/2025

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: Taylor Morrison of Florida, Inc.
10210 Highland Manor Dr., Suite 400A
Tampa, FL 33610

WATERWAY AND LOCATION: The project would affect waters of the United States
associated with Bayou Branch. The project site is located northwest of the intersection of Handcart and Overpass Roads in Pasadena Hills, Pasco County, Florida, in Section 31 of Township 25 South and Range 21 East.

Directions to the site are as follows: From the intersection of State Road 54 and Curley Road, travel north on Curley Road for approximately 2.25 miles. Turn east (right) onto Overpass Road. Continue on Overpass Road for approximately 2 miles and the proposed site is on the left (north side of road).

APPROXIMATE CENTRAL COORDINATES:
Latitude 28.275042°
Longitude -82.275042°

PROJECT PURPOSE:

Basic: To construct a residential development.

Overall: To construct a residential development in Pasco County.

EXISTING CONDITIONS: The 373.8-acre project area contains roughly 122.3 acres of wetlands, 0.2 acres of surface waters, with the remainder being uplands. The uplands consist of residential use, pastureland, upland mixed forest, and tree plantation. The wetlands include bay swamps, bottomland hardwood swamps, cypress domes, freshwater marshes, and wet prairie. The site is surrounded by residential development to the south and undeveloped lands similar to the project area on the west, north, and east.

PROPOSED WORK: The applicant seeks authorization to construct a residential development known as “RLE Ranch”, requiring impacts to 4.14 acres of wetlands and other 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:

“The majority of the aquatic resources on the RLE Ranch Project are mandated for Pasco County “Vision Roads”. Any unavoidable wetland impacts will be mitigated through the purchase of appropriate mitigation credits from an approved Federal wetland mitigation bank. Clean fill will be used for construction activities. Erosion and sedimentation control efforts in the form of silt screens, turbidity curtains, and other best management practices (BMP’s) will be employed and maintained throughout the entire construction phase of the Project to protect the aquatic resources that will remain. These efforts will reduce and/or eliminate any potential adverse secondary wetland impacts to any aquatic resources by the development of this Project. The layout of the residential lots and infrastructure for this Project are directly influenced by, and dependent on the physical orientation of the mandated “Vision Roads.” The utilities to be utilized by this development will also be brought to the Project area by these mandated Pasco County roadways. The development was originally designed with the intent of avoiding all wetlands but given the limitations in options mentioned above some wetland impacts were ultimately unavoidable.”

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 1.421 credits from a federally-approved 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).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the SWFWMD. 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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