SAJ-2005-09395 (SP-MGH)

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 Melinda.G.Hogan-Charles@usace.army.mil.

APPLICANT: Raymond Aponte
Pulte Group, Inc.
2662 South Falkenburg Road
Riverview, Florida 33578

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Hillsborough River. The project site is located on the east side of US 301 and north of the Pasco/Hillsborough County line; at latitude 28.181422° and longitude -82.205516°; in Hillsborough County, Florida.

EXISTING CONDITIONS: The Project site is the +/-242.43-acre Riverwood Phases 2 and 3 subdivision and is currently undeveloped open lands that were disturbed during the initial construction of the project. The property consists of nine (9) land use types/vegetative communities.

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 community on the site are classified as Cropland and Pastureland (210), Open Land-Rural (260), Shrub and Brushland (320) and Hardwood-Conifer Mixed (434). The wetland/surface water land use types/vegetative communities on the site are classified as Streams and Waterways (510), Reservoirs less than 10 Acres (534), Cypress (621), Freshwater Marshes (641) and Wet Prairies (643). There are a total of 43.62 acres of aquatic resources onsite, including 40.91 acres of wetlands and 2.71 acres of surface waters.

PROJECT PURPOSE:
Basic: Residential development
Overall: To complete the construction of a single-family residential development previously authorized under SAJ-2005-09395.

PROPOSED WORK: The applicant requests authorization to discharge fill material into 1.95 acres of freshwater herbaceous wetlands and to dredge 2.09 acres of herbaceous wetlands and other waters associated with the development of the residential subdivision.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Wetland impacts are proposed with this permit modification request due to the original Permittee’s inability to complete all the wetland impacts authorized under SAJ-2005-09395 (IP-TEH) within the construction timeframe of the associated Modification 1, which concluded November 30, 2013. Most of the proposed impacts to wetlands and other waters under the current permit modification request were evaluated under the original permit application review.

The project design is essentially the same as was permitted under SAJ-2005-09395 (IP-TEH), with the exception being the original Phase 4 portion of the site. The original permit review area was subdivided, and the Phase 4 portion of the project was sold to an outside developer not related to the original Permittee. The purchaser of Phase 4 obtained their own separate environmental permitting approvals for their property independent of the original Corps approval. The sale of the Phase 4 project area complicated the site design of the original Riverwood subdivision in that the property that was sold contained the secondary means of access to a portion of the Phase 3 project area, which is a requirement of the Pasco County Land Development Code (LDC). Therefore, to provide secondary access to the Phase 3 portion of the site, additional (not previously authorized or reviewed) wetland impacts to ditched wetland areas are proposed. Minimization for this specific wetland crossing is in the form of culverts with vertical headwalls at the edge of the proposed roadway to decrease the fill footprint to the greatest degree practicable.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The original Corps approval addressed the mitigation requirements for the overall property, including the Phase 4 portion of the project area. The original mitigation plan was completed within the time requirements of the permit Special Conditions, and Conservation Easements were recorded in the records of Pasco County. The Corps File of Record and permit document referenced an available Functional Gain surplus associated with the mitigation plan. The Applicant intends to use the identified Functional Gain surplus to fully, or partially, compensate for the impacts needed to complete site construction. If the Corps’ evaluation of the impact areas associated with this modification results in the need for additional Functional Gain to offset the direct and secondary wetland impacts, the current Applicant has committed to providing mitigation bank credits purchased from a Corps permitted mitigation bank that serves the Hillsborough River Basin.

CULTURAL RESOURCES: The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800 during the original review of the permit application. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

Should historic properties (i.e., properties listed in or eligible for inclusion in the National Register of Historic Places) be present within the Corps’ permit area, the proposed activity requiring the DA permit (the undertaking) is a type of activity that has no potential to cause an effect to an historic property.

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 previous consultation and with 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 will not affect any listed species or critical habitat.

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. The AGENCY NAME is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by AGENCY NAME.

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 (SWFWMD) via their Statewide Environmental Resource Permit (SWERP) approval process. SWFWMD has issued SWERP No 43027103.060 for Phase 2 portion of the review area. The Phase 3 portion of the project is under review and SWERP No. 43027103.66 will be issued prior to the issuance of the 404 permits.

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 7, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Melinda Hogan-Charles at Melinda.G.Hogan-Charles@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Melinda Hogan-Charles, 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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