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 Taylor.L.Bryant@usace.army.mil.
APPLICANT: LMJ Real Property, LLC
c/o Monique Agia
11767 S Dixie Hwy, #417
St. Petersburg, FL 33711
WATERWAY AND LOCATION: The project would affect freshwater wetlands in the Tampa Bay watershed. The project site is located at on the north side of Lutz Lake Fern Road, between the western Suncoast Parkway exit ramp and the entrance road to the adjacent residential development at latitude 28.157231° and longitude -82.540808°; in Lutz, Hillsborough County, Florida.
EXISTING CONDITIONS: The proposed project site encompasses approximately 3.77 acres of an undeveloped natural parcel, consisting of 0.65 acre of cypress wetlands, 3.09 acres of bottomland swamp, and 0.03 acre of uplands. It is situated adjacent to the Suncoast Parkway exit ramp and the entrance road of a previously permitted residential development. Both developments share the same Department of Army (DA) project number, while the road development issued under DA permit SAJ-2014-00117 on May 17, 2017. The applicant is requesting a five-year extension to the original permit deadline of December 15, 2025. Initial development authorization for this commercial project was granted on December 15, 2020; however, construction has not commenced.
PROJECT PURPOSE:
Basic: Commercial Development
Overall: Commercial development in the vicinity of the Suncoast Parkway and Lutz Lake Fern Road in Hillsborough County to meet local demand for commercial services.
PROPOSED WORK: The applicant requests a five-year time extension to a DA permit authorization issued on December 15, 2020. The original permit authorized the placement of fill material impacting 3.51 acres of wetlands to facilitate the construction of a commercial development. This extension will allow for the completion of the previously authorized work.
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 work has been designed to minimize impacts to aquatic resources. Specifically, the project incorporates a 15-foot buffer surrounding the 3.51-acre wetland impact area, thereby avoiding impacts to an additional 0.23 acres of forested wetlands. This buffer will serve to provide a protective barrier to preserve the ecological integrity of the adjacent wetland systems.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
As required under the existing DA permit authorization, the applicant has purchased 1.26 Palustrine Emergent/ Herbaceous Federal Mitigation Bank Credits from The Tampa Bay Mitigation Bank (TBMB) to offset the authorized impacts to aquatic resources; however, no work has commenced to date.
CULTURAL RESOURCES:
The Corps and the State of Florida Historic Preservation Office (SHPO) has determined the permit area the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effects”.
ENDANGERED SPECIES:
The Corps has made the determination that the proposal may affect but is not likely to adversely affect the federally threatened wood stork (Mycteria americana). Potential impacts to the wood stork were evaluated using the Wood Stork Effect Determination Key dated September 2008 (Key). The Corps has programmatic concurrence with the sequential determination of A>B>C> “not likely to adversely affect” pursuant to the Key.
The Corps has made the determination that the proposal may affect but is not likely to adversely affect the federally threatened eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key (Key) dated January 25, 2010, and updated August 13, 2013. The Corps has programmatic concurrence with the sequential determination of A>B>C>D>E> “not likely to adversely affect” pursuant to the Key.
NAVIGATION: The proposed activity is not located 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 required from Southwest Florida Water Management District (SWFWMD). The project was reviewed under project No. 43041806.006.
COASTAL ZONE MANAGEMENT CONSISTENCY: 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 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 September 12, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to T. Lanaé Bryant at Taylor.L.Bryant@USACE.army.mil Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: T. Lanaé Bryant, 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 public notice and graphics