Final Notice and Public Review of a Proposed
Activity in a Federal Flood Risk Management Standard Designated Floodplain and Wetlands
To: All interested Agencies, Groups, and Individuals
This is to give notice that HUD under 24 CFR Part 50 has conducted an evaluation as required by Executive Order(s) 11988 and Executive Order 11990, in accordance with HUD regulations at 24 CFR 55.20 in Subpart C Procedures for Making Determinations on Floodplain Management and Wetlands Protection. The proposed activity under evaluation would be funded under Federal Housing Authority application 067-35648 for HUD mortgage financing for new construction of a multifamily development. The proposed project location is 1041 River South River Road in Englewood, Sarasota County, Florida, and is located in the Federal Flood Risk Management Standard (FFRMS) floodplain and wetlands.
The 21.25-acre subject property currently consists of undeveloped wooded land over sandy soils with a retention pond in the central southwest area. The development known at River Road (apartments) is proposed to consist of six, three-story residential buildings with a total of 252 units, paved parking spaces and garages along the perimeter, a clubhouse, pool deck and recreational courtyard, dog park, a wet pond and one dry retention pond. The main access point of ingress and egress are proposed to be located off of South River Road on the northwest side of the development.
The subject property is located within the Sarasota County Unincorporated Areas, which is a participating community in the National Flood Insurance Program (NFIP) under Community ID #125144B. Based on a review of the FEMA FIRM Community Panel Number 12115C0454G, dated March 27, 2024, a majority of the subject property is located in Zone X (shaded), which are areas within the 500-year floodplain. Pockets of the subject property are also located within Zone X (unshaded), areas of minimal flood hazard outside of 100- and 500-year floodplains. An isolated area on the south-southwest area of the subject property is located in Special Flood Hazard Area (SFHA) Zone AE, which are areas within the 100-year floodplain with Base Flood Elevations (BFEs) established. The BFE for Zone AE on the subject property is identified as 9.3 feet. No preliminary or pending FIRM panels were identified for the project area.
The closest Base Flood Elevation associated with the 1-percent chance annual flood event is a Zone AE Special Flood Hazard Area on the property, with an elevation of 9.3 feet. The Freeboard Value approach was used to identify the FFRMS elevation of 11.3 feet (+2 feet BFE) as neither CISA nor FEMA Flood Insurance elevation data is available for the subject property. A total of 20.40 acres of FFRMS floodplain, inclusive of 0.93 acres of 100-year floodplain, occur on the property. FFRMS floodplain on the property functions to absorb and retain stormwater as well as moderate stormwater volume and filter sediment and pollutants.
Wetlands are not located within the project area according to the Southwest Florida Water Management District Environmental Resources Permit; however, there are four other surface water features totaling 0.94 acres, consisting of upland-cut ponds that meet the HUD definition for wetland in 24 CFR § 55. The open water wetland areas function to retain stormwater, control stormwater volume, recharge groundwater, and provide general aquatic resource habitat. No rare or extraordinary recreational, educational, scientific, historic, or cultural are known to occur on the property.
HUD has considered the following alternatives and mitigation measures to minimize adverse impacts and to restore and preserve natural and beneficial functions and intrinsic values of the existing floodplain/wetland:
1) The original project considered adding a building to the area on the south over the upland cut ponds that are in the Special Flood Hazard Area and rejected this design to preserve the existing floodplain functions and values. The additional building was removed from the Site Plan.
(2) As proposed, a total of 13.43 acres of FFRMS floodplain, inclusive of the 0.93 acres of 100-year floodplain, would be impacted to grade the site and construct the proposed buildings, parking areas, and amenities. An additional 0.01 acres of FFRMS floodplain, inclusive of 0.006 acres of 100-year floodplain, would be impacted to construct a proposed offsite turn lane. All of the 0.94 acres of upland-cut ponds would be filled to grade the site and construct the proposed stormwater ponds, buildings, parking area, and amenities. The 0.93-acre ponded area associated with the Zone AE floodplain on the property would be enlarged for use as a wet retention pond. This alternative was selected as a key component of the stormwater system design to maintain a permanent pool to manage stormwater by allowing sediment to settle and filter pollutants as well as provide habitat for aquatic life. No adverse off-site flood stage impacts up to the 100-year, 24-hour storm event would occur from implementing the proposed designed. Proposed ponds would accommodate peak stage of the 100-year, 24-hour storm event within the pond banks The discharge rate off-site would be limited to the pre-development discharge rate in the 100-year, 24-hour storm event. Best management practices such as silt fencing, swale inlets, turbidity barriers, temporary sediment sumps, sodding draining swales, and stabilizing entrances with gravel would be implemented to reduce potential for erosion during construction. Bioswales would be utilized to convey stormwater runoff towards stormwater collection inlets and ponds. New buildings, parking spaces, and drivable area within the complex would not be impacted by a 1-percent annual chance flood event and chances of being impacted by a rare and severe 0.2-percent annual chance flood event would be further minimized by elevating finished floors of all buildings and drivable areas above the FFRMS flood elevation. Residential living areas would be elevated a minimum of 2.7 feet above the FFRMS flood elevation of 11.3 feet to protect life and safety of residents. An Evacuation Plan has been prepared for use and distribution to residents in the event of emergency flooding. All work would be completed in compliance with local, state, and federal wetland and floodplain rules and regulations.
3) Under the No Action alternative, the subject property would likely remain vacant or be developed with residential or commercial uses at a later date, and its development would not add additional housing units to satisfy the anticipated future rental apartment demand in the market area. This alternative would not accomplish the project purpose or need. HUD would not insure the proposed development under the Section 221(d)4 program
HUD has reevaluated alternatives to building in the floodplain and wetlands and has determined that it has no practicable alternative to floodplain and wetland development. Environmental files documenting compliance with Executive Order 11988 and Executive Order 11990 are available for public inspection, review and copying upon request at the times and location delineated in the last paragraph of this notice for receipt of comments.
There are three primary purposes for this notice. First, people who may be affected by activities in floodplains and wetlands and those who have an interest in the protection of the natural environment should be given an opportunity to express their concerns and provide information about these areas. Commenters are encouraged to offer alternative sites outside of the floodplain and wetlands, alternative methods to serve the same project purpose, and methods to minimize and mitigate project impacts on the floodplain and wetlands. Second, an adequate public notice program can be an important public educational tool. The dissemination of information and request for public comments about floodplain and wetlands can facilitate and enhance Federal efforts to reduce the risks and impacts associated with the occupancy and modification of these special areas. Third, as a matter of fairness, when the Federal government determines it will participate in actions taking place in floodplain and wetlands, it must inform those who may be put at greater or continued risk.
Written comments must be received by the HUD at the following address on or before June 24, 2026: HUD, 400 W Bay Street, Suite 1015, Jacksonville, Florida 32202, Attention: Mark Malec, Branch Chief, Technical Team. Mark Malec's direct phone number is (904) 208-6054 and email is Mark.E.Malec@hud.gov. A full description of the project may also be reviewed from 8am to 5pm at the same address as above. Comments may also be submitted via email at FL_Webmanager@hud.gov. Jonathan Mosley, acting in his capacity as Production Division Director of the HUD Multifamily Southeast Regional Center, is the HUD Approving Official.
Date: June 16, 2026
June 16 2026
LSAR0537174