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 adelyn.m.irlanda@usace.army.mil.
APPLICANT: GPI Tampa, LLC
Attn: Michel Regignano
500 Bayview Drive
Sunny Isles Beach, Florida 33160
WATERWAY AND LOCATION: The project referred to as Kenton Pointe Mixed Use Development (Kenton Pointe) would affect aquatic resources associated with an unnamed tributary to Cypress Creek. The project site is located at 9235 Kenton Road in Section 28, Township 25 South, Range 20 East, Wesley Chapel, Pasco County, Florida.
Directions to the site are as follows: From the intersection of Interstate 75 and State Road 52, proceed 0.70 mile east on State Road 52. Turn right (south) on McKendree Road. Proceed approximately 2.0 miles. Turn right (east) onto Tyndall Road. The site is located at the southwest corner of the intersection of Tyndall Road and Kenton Road.
APPROXIMATE CENTRAL COORDINATES:
Latitude 28.293926°
Longitude -82.306069°
PROJECT PURPOSE:
Basic: Mixed-use development
Overall: Construction of a mixed-use residential and commercial development and extension of Kenton Road to meet the growing demand for housing and infrastructure in Pasco County.
EXISTING CONDITIONS: The 150.27-acre project site is comprised of 92.64 acres of upland habitat currently used for pasture and sod farming, and six wetland areas primarily located around the edges of the site, totaling 57.63 acres. The onsite vegetation and aquatic resources consist of Florida Land Use, Cover and Forms Classification System (FLUCCS) Land Use Codes 2100: Cropland and Pastureland (92.64 acres), 6410: Freshwater Marsh (30.33 acres), and 6210: Cypress (27.30 ac.). Dominant vegetation observed within the uplands include Bahia grass, smut grass, Andropogon sp., netted pawpaw, and licorice weed. Dominant vegetation observed within the wetlands include southern cattail, soft rush, pickerel weed, green flatsedge, Hydrocotyle sp., spadeleaf, alligator weed, Peruvian primrose-willow, torpedo grass, bald cypress, red maple, sweetgum, and dotted duckweed.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into
3.73 acres of freshwater wetlands for the construction of a mixed-use development and the extension of Kenton Road.
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 project boundary contains 57.63 acres of wetland habitat. Three jurisdictional wetlands will be impacted, and all other wetlands will be avoided. Wetland impacts will be mitigated for through the purchase of joint credits at a mitigation bank that offers both state and federal credits. All wetlands present within the project boundary have been avoided and reduced to the greatest extent practicable while incorporating all developmental activities associated with the Kenton Pointe project. Construction activities have been designed to impact the lowest quality portions of the wetland (areas adversely affected by the edge effect). Proposed impacts have been determined to be necessary and unavoidable due to the need to incorporate all relative construction activities to ensure the Project is economically feasible. The project was designed to avoid impacts to Wetlands 5, 6, and 7. Wetlands 2 and 3 will be avoided for the most part, but their geographic location makes proposed impacts impossible to avoid. The Kenton Road extension is required through this area for access to the proposed residential development and to provide connectivity to other future developments that are a part of the Pasco County Highway Vision Plan. These roadway impacts are likely to occur with or without the mixed-use development project.
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 has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. In December 2020, Cardno Entrix (Cardno) conducted a cultural resource assessment survey (CRAS) of the Kenton Property and concluded that the project would not affect any sites or properties that have historical, cultural, or sacred significance, or that otherwise met the minimum criteria for listing in the National Register of Historic Places (NRHP). Via correspondence dated November 25, 2024, the Florida Department of State, Division of Historical Resources (DHR) & State Historic Preservation Officer (SHPO) concurred with Cardno’s report and found that the proposed Kenton Pointe project would have no effect on historic properties eligible for listing in the NRHP, or otherwise of historical or archaeological value. Therefore, the Corps has determined that the Kenton Pointe project would have No Potential to Cause Effects to Historic Properties.
ENDANGERED SPECIES: The Corps has reached a preliminary determination that the proposed activity is not likely to adversely affect (NLAA) the wood stork and the Eastern indigo snake, and that it would have no effect on the eastern black rail. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): The Corps has determined that consulting with the National Marine Fisheries Service (NMFS) about Essential Fish Habitat (EFH) is not necessary as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996, because the site does not contain EFH.
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, Florida, 33610.
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, Adelyn M. Irlanda, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida, 33610; by electronic mail at adelyn.m.irlanda@usace.army.mil; or by telephone at (813) 769-7065.
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.
Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
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 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 project is being reviewed under SWFWMD Application No.: 900410.
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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