SAJ-2024-01557 (SP-CPC)

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 're interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at carissa.p.curlee@usace.army.mil.

APPLICANT: Nick Uhren

                     Pasco County Board of County Commissioners

                     5418 Sunset Road

        New Port Richey, FL 34652

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with wetlands in the Anclote River watershed. The project/review area is located on Wisteria Loop and Bexley Road, southeast of Riverstone subdivision in 3 Section, 26 Township, 18 Range; at Latitude 28.252969  and Longitude -82.481947; in Land O’Lakes, Pasco County, Florida.

EXISTING CONDITIONS: The project site area contains 15.29 acres and proposes to impact 1.39 acres of aquatic resources. The area currently consists of five (5) land use types/vegetative communities and an existing roadway.

These land use types/vegetative communities were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 1999).  The upland land use type/vegetative communities on the site are classified as Cultural Terrestrial (1800), Low intensity Urban (1821) and Improved Pasture (183343).  The wetland/surface water land use types/vegetative communities on the site are classified as Cypress (2211) and Freshwater Forested Wetlands (2200).

Wetland one (WL-1) is 57.997 acres of cypress and freshwater forested wetlands. Wetland ten (WL-10) is 0.922 acres of freshwater forested wetland which currently has an existing 36-in culvert connecting the north and south parcels.

Permit History: In June 2023 the Florida Department of Environmental Protection (FDEP) issued a State 404 permit that authorized direct impacts to approximately 0.042 acres of dome swamp and 0.528 acres of upland-cut artificial ponds and secondarily impact approximately 0.110 acres of wet prairie and 0.234 acres of dome swamp for activities relating to the construction of a 107-unit single-family residential development with surface pavement for internal access (Riverstone). Of these impacts, 0.124 acres were authorized for impacts to Bexley Road which have been completed.

PROJECT PURPOSE:

Basic: Roadway improvements

Overall: To re-align Wisteria Loop to accommodate the Riverstone residential development on Bexley Road in Land O’Lakes, Florida, to meet county requirements.

PROPOSED WORK: The applicant requests authorization to fill 1.39 acres of aquatic resources for the proposed re-alignment of Wisteria Loop and Bexley Road. These aquatic resource impacts include 1.15 acres of impact to WL-1 and 0.243 acres of impact to WL-10. Road improvements will consist of constructing a two-lane, undivided roadway within an 80-foot right of way. Improvements to the roadway will include all shoulders, striping, signalization, medians, sidewalks, stormwater-drainage facilities, guardrails, and other roadway appurtenances, all as determined by Pasco County and permitting agencies.

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 wetland impacts to the fullest extent practicable and to then minimize wetland impacts to the fullest extent practicable. Wetland impacts have been avoided except where necessary to achieve the project purpose and to provide stormwater management facilities. During the design process, the alignment was revised to move the road to the south to reduce the impact acreage as well as avoiding most of the cypress canopy and the undisturbed portions of Wetland 1. The impact now affects areas of the wetland closer to the existing roads that appear to have been disturbed in the past and have lost a significant portion of the cypress canopy.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

Compensatory mitigation will be provided by the purchase of the appropriate mitigation credits from Old Florida (SAJ-2013-01810) or Upper Coastal Mitigation Banks (SAJ-2006-07511).

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, 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 species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat 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.

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). SWFWMD issued an Environmental Resource Permit (ERP) on May 31, 2024, under permit number 881238/43047315.000.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from 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. 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. 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 August 5, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Carissa Curlee at carissa.p.curlee@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Carissa  Curlee, 10117 Princess Palm Ave., 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.

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