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VK Trevesta LLC

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Manatee County. VK Trevesta, LLC. Tampa, Florida. PROJECT PURPOSE: Housing Development. Basic: Housing. Overall: Construct single family residential subdivision in northern Manatee County.

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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: VK Trevesta, LLC.

c/o James P. Harvey

8875 Hidden River Parkway, Suite 150

Tampa, FL 33637

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the onsite wetlands which flow into an unnamed tributary to the south and then onto the Manatee River. Additionally, the wetland flows into the McMullen Creek east and Frog Creek on the north, then onto Terra Ceia Bay. The project is located at 5335 60th Street East, Sections 33 Township 33 South, Range 18 East, Palmetto, Manatee County, Florida.

Directions to the site are as follows: Take I-75 to exit 224 US HWY 301. Make a left on Erie Road and Left on 69th Street East.

APPROXIMATE CENTRAL COORDINATES:

Latitude: 27.997508°

Longitude: -82.170413°

PROJECT PURPOSE: Housing Development.

Basic: Housing.

Overall: Construct single family residential subdivision in northern Manatee County.

EXISTING CONDITIONS: The project site is a 202-acre property, that contains a series forested wetlands and a freshwater marsh that vary from higher quality with good zonation to lower quality wetlands totaling ±60 acres that have been affected by historical agricultural activities, as well as from the construction of Interstate 75 and railroad trestles that border the property to the west and south. There are three agricultural ditches that connect to a few of the onsite wetlands. There are large areas of pasturelands used for cattle grazing and areas of mixed hardwood uplands adjacent to onsite wetlands.

PROPOSED WORK: The applicant seeks authorization impact ±3.07 acres of wetlands, as well as surface waters within the property to construct approximately 260 single family subdivision, roadway and utilities.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: The applicant worked diligently to avoid and minimize impacts to waters of the United States. Unavoidable dredge and fill activities will occur to lower quality wetlands. These wetlands have historically been impacted by agricultural activities, as well as the construction of Interstate 75 and train tracks that border the property to the west and south, respectively. These wetlands have altered hydroperiods and significant coverage of nuisance plant species including Brazilian pepper (Shinus terebinthifolius).

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset the unavoidable functional loss to the aquatic environment: The project will offset unavoidable ACOE jurisdictional wetland impacts through onsite mitigation in the form of enhancement to shrub/forested wetlands that are dominated by nuisance plant species.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: Eastern indigo snake: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the eastern indigo snake (Drymarchon corais couperi). This determination based on use of the Eastern Indigo Snake Programmatic Concurrence Key (January 25, 2010). No further action is required. Sequence: A > B > C > “not likely to adversely affect”. Based upon the NLAA determination for the Eastern Indigo Snake no further coordination is required.

Wood Stork (Mycteria americana): The proposed project is within the Wood Stork Core Foraging Habitat area. The project is 4 miles from colony 615113 Ayers Point & 8 Miles from colony 615336. The Corps has determined the proposed project “may affect, but is not likely to adversely affect” the wood stork (Mycteria Americana). This determination was based on the use of the Wood Stork Effect Determination Key (May 18, 2010). Sequence: A>B>D “NLAA”. With the outcome of “NLAA” and proposed wetland impacts are less than 50 acres, the requirements of section 7 of the Act are fulfilled and no further action is required.

Florida scrub jay (Aphelocoma coerulescens): The project area is located within the consultation area for the Florida scrub jay. The Corps has made the preliminary determined the proposal “may affect, not likely to adversely affect” the Florida scrub jay or its designated critical habitat. This determination is based on review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

Crested Caracara (Polyborus plancus audubonii): The proposed project is within the consultation area for the Crested Caracara. Project information indicates that ±57 acres of wetland habitat would not be impacted. The Corps has determined the proposal “may affect, not likely to adversely affect” the Crested Caracara. This determination is based on review of the Species Conservation Guideline, consultation maps and information available about the species’ preferred habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries as the project is inland of fisheries resources. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

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 jurisdictional line has not been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification will be required from the state Water Management Districts.

COMMENTS: Regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610 within 25 days from the date of this notice.

The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.

QUESTIONS concerning this application should be directed to the project manager, Edgar W. Garcia, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at edgar.w.garcia@usace.army.mil; by facsimile transmission at (813) 769-7061; or, by telephone at (813) 769-7062.

IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.

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.

The US Army Corps of Engineers (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 also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.

REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.

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