SAJ-2016-00046 (SP-TEH)

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). The purpose of this public notice is to solicit comments from the public regarding the work 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.

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Cow Pen Slough.  The project/review area is located south of the existing Skye Ranch development currently under construction and west of Cow Pen Slough in Sections 28 and 33, Township 37 South, Range 19 East; at Latitude 27.222275° and Longitude -82.410861°; in the City of Sarasota, Sarasota County, Florida.

EXISTING CONDITIONS:  The 696-acre site contains a 92.81 acres of freshwater wetland systems.  The on-site vegetation consists of torpedo grass (Panicum repens), limpo grass, West Indian marsh grass (Hymenachne amplexicaulis), and alligator weed (Alternanthera philoxeroides). Native vegetation cover consists of soft rush (Juncus effusus), sand cordgrass (Spartina bakeri), sawgrass (Cladium jamaicense), coinwort (Centella asiatica), blue maidencane (Amphicarpum muehlenbergianum), Virginia buttonweed (Diodia virginiana), broomsedge (Andropogon spp.), flatsedge (Cyperus spp.), star-rush whitetop (Dichromena colorata), southern watergrass (Luziola fluitans), Baldwin's spikerush (Eleocharis baldwinii), carpetgrass, frog’s bit (Phyla nodiflora), camphorweed (Pluchea odorata), and water pepper (Persicaria hydropiperoides).   The existing area surrounding the project area consists of agricultural lands to the west, residential development to the north, native lands to the south, and Cow Pen Slough to the east.

PROJECT PURPOSE:  Basic:  Development of a residential housing project.

Overall:  Development of a residential housing project in Sarasota County.

PROPOSED WORK:  The applicant requests authorization to construct a residential project known as “Skye Ranch, Phase II”, requiring impacts to 24.55 acres of aquatic resources (16.5 acres of wetlands and 8.05 acres of ditches and cattle ponds).  Proposed residential lots will make up four neighborhoods which will support roadways, recreation areas, and storm water ponds.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:  “The project has been designed to avoid the larger wetland systems and the newly delineated wetland areas across the site.  However, due to site constraints, the project cannot avoid all wetlands and will, therefore, be impacted.  Further, the surface water impacts will be replaced by the proposed pond sites and storm water management system, which will be regularly maintained to control exotic vegetation and provide continued habitat value for wildlife.

Appropriate best management practices (BMPs) will be implemented to minimize impacts to water quality. Appropriate erosion control devices, such as hay bales, silt fencing, turbidity barriers, etc. will be utilized to reduce soil erosion and turbidity. These devices will remain in place until soils onsite are stabilized.”

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to enhance 60.01 acres of wetlands on-site.  Enhancement activities include cattle removal, blocking/filling drainage ditches, the removal of nuisance and exotic species, supplemental planting of native species, and the establishment of an upland buffer around mitigation areas. 

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application and the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect, but is not likely to adversely affect, the wood stork, Eastern indigo snake, Eastern black rail, Florida bonneted bat, and the crested  caracara.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Southwest Florida Water Management District.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the Southwest Florida Water Management District. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 7, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Tracy Hurst at Tracy.E.Hurst@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Tracy Hurst, 10117 Princess Palm Avenue, Suite 120 Tampa, FL 33610.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

CLICK HERE for the Public Notice and Graphics: /Portals/44/docs/regulatory/Public Notices/2025 03 March/West/20250317-SAJ-2016-00046-Sarasota-0407-TEH.pdf?ver=4ZtpO2X2HAwmUOEfR8XkYA%3d%3d