SAJ-2024-04671(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.

APPLICANT: Berry Bay Development, LLC  

                     111 S. Armenia Ave., Suite 201

        Tampa, FL 33609

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Dug Creek.  The project site is located South of Bonita Drive and north of Berry Grove Boulevard; at latitude 27.677959° and longitude -82.337439°; in Wimauma, Hillsborough County, Florida.

EXISTING CONDITIONS: The approximately 55.55-acre project site contains approximately 13.08 acres of aquatic resources.  The site is composed of various wetland habitats, including streams, lake swamps, wetland hardwood forests, and vegetated non-forested wetlands. Dug Creek and its floodplain dominate the central portion, featuring a mix of live oak (Quercus virginiana), laurel oak (Quercus laurifolia), water oak (Quercus nigra), longleaf pine (Pinus palustris), sweetgum (Liquidambar styraciflua), and understory species like saw palmetto (Serenoa repens), maidencane (Hymenachne hemitomon), and swamp fern (Telmatoblechnum serrulatum). The eastern edge contains forested wetlands densely vegetated with laurel oak, red maple (Acer rubrum), swamp bay (Persea palustris), and sweetbay magnolia (Magnolia virginiana), with herbaceous layers of ferns, panicgrass (Dichanthelium spp.), and redroot (Lachnanthes caroliniana). Additionally, previously disturbed non-forested wetlands near Dug Creek have revegetated with Brazilian pepper (Schinus terebinthifolia), cattails (Typha sp.), and Peruvian primrose willow (Ludwigia peruviana).

The upland areas of the project site include a mix of residential areas, abandoned fish farms, and forested uplands. Vegetation consists primarily of bahiagrass (Paspalum notatum), muscadine (Vitis rotundifolia), saw greenbriar (Smilax bona-nox), live oak, and slash pine (Pinus elliottii), with disturbed areas dominated by Brazilian pepper and cogon grass (Imperata cylindrica). Forested uplands primarily feature live oak and saw palmetto understory, along with sparse occurrences of dog fennel (Eupatorium capillifolium), air potato (Dioscorea bulbifera), and tropical soda apple (Solanum viarum). The site is surrounded primarily by residential development to the east, north, and south, and South U.S. Highway 301 to the west.     

PROJECT PURPOSE:

Basic:  Development of a single-family residential subdivision.

Overall:  Development of a single-family residential subdivision within the community of Wimauma, Hillsborough County, Florida.

PROPOSED WORK:  The applicant requests authorization to develop an 80-unit single-family residential subdivision known as “Berry Bay Village O”, requiring impacts to 0.45 acre of wetlands and 3.33 acres of other waters, primarily consisting of human-made ditches excavated in upland soils.

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 proposed subdivision design reflects a concerted effort to avoid and minimize impacts to the aquatic environment by carefully considering the location of existing wetlands and surface waters and positioning the development footprint to minimize disruption. The footprint is concentrated in the eastern portion of the site to avoid significant wetland areas, including those near Dug Creek in the west-central portion of the property. Shifting the layout westward would result in greater impacts due to the proximity of adjacent wetlands, while relocating the development north, east, or south is impractical due to the presence of public roads, planned roadways, and existing site constraints. Additionally, the layout ensures necessary access for construction, emergency services, and site functionality, further reducing the potential for disruption to sensitive areas. Given the site’s conditions, including wetlands and manmade ditches, development without some level of impact is impracticable. To minimize these effects, impacts are confined to manmade upland ditches and ponds, with only minor impacts to on-site wetlands that cannot otherwise be avoided. Alternative layouts that curve around or shift impacts would only transfer disruption to other wetlands, including those near Dug Creek, making such options infeasible. Without the minor impacts proposed, portions of upland within the property would be inaccessible, significantly reducing the site’s potential for equitable development. This design approach strikes a balance between the practical utilization of the property and the preservation of aquatic resources, ensuring compliance with regulatory requirements and demonstrating a commitment to minimizing environmental impacts.”

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant proposes to purchase 0.24 mitigation bank credits from a federally approved mitigation bank to offset unavoidable impacts to the 0.45 acre of wetlands.

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.

ENDANGERED SPECIES: The Corps has performed an initial review of the application 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 species listed below. No other ESA-listed species or critical habitat will be affected by the proposed action. No critical habitat is present on the project site.

Table 1: ESA-listed species potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The U.S. Army Corps of Engineers is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by the U.S. Army Corps of Engineers.

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 is required from the Southwest Florida Water Management District (SWFWMD) and is currently being evaluated under File No. 48121.000 (App: 901780).

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.

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 July 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, Florida, 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.

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