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) as described below:
APPLICANT: Ridge Development, Inc.
Attn: Steve Kros
3340 Peachtree Road, Suite 1000
Atlanta, Georgia 30326
WATERWAY AND LOCATION: The project would affect waters of the United States associated with emergent and forested wetlands. The project site is located along Lakeland Hills Boulevard (SR-33), south of the Gateway Commercial Park, which is south of I-4, in Sections 15, 16, 21, and 22, Township 27 South, Range 24 East, Polk County, Florida.
Directions to the site are as follows: The proposed project is located approximately 1 mile south of Lakeland Hills Blvd. (State Road 33) and I-4 interchange, in the City of Lakeland.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.127677°
Longitude: -81.909487°
PROJECT PURPOSE:
Basic: Industrial development
Overall: Construct a minimum one million square foot warehouse distribution facility along the I-4 corridor, midway between Orlando and Tampa so that both markets can be efficiently serviced.
EXISTING CONDITIONS: The project site consists of an abandoned golf course, traversed by a mosaic of wetlands and surface waters. Vegetation consists primarily of dog fennel, cogon grass, salt bush, and ruderal grasses. The wetland system consists of 2.84-acres of open water, 1.20-acres of mixed wetland hardwoods, 2.05-acres of freshwater marsh, and 37.63-acres of emergent aquatic vegetation. Of the 40.88-acres of wetlands onsite, 8.15-acres of wetlands were previously constructed on-site as part of the overall mitigation plan for the golf course. The golf course has remained vacant for a number of years with no maintenance on the upland or wetland areas.
PROPOSED WORK: The applicant seeks authorization to fill 20.56-acres and excavate 1.11-acres of wetlands to construct a warehouse distribution facility. The remaining 19.21 acres of existing wetland area will remain in place.
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:
Given that the site is the preferred site, the following summarizes alternatives considered to minimize wetland impacts. The existing wetlands on site are scattered across the site, and the site is surrounded by existing development. There is no practicable manner in which the site can be redeveloped without impacting wetlands. Given the overall project purpose, the proposed site plan consolidates the proposed development activity as close to the existing road as possible, and adjacent to the commercial land use north of the site. By replacing the impacted wetlands with created wetlands along the south end of the property, a buffer is created between the residential properties and proposed industrial and heavy commercial land uses. This consolidates all the wetlands along the edge, and it provides a more cohesive wetland habitat. Fill slopes are proposed to minimize wetland impacts. The limits of development have been minimized to the extent practicable to achieve the overall project purpose.
COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required: Given the fallow condition of the abandoned golf course, lakes and freshwater marsh systems, and the proposed unavoidable wetland impacts, 9.54 acres of freshwater marsh will be created on-site. The marsh creation areas are located in areas adjacent to previous mitigation or preserved wetlands and are concentrated in the northern portion of the site to create a larger, contiguous wetland system. Additional grading and planting details will be provided separately. In impact areas where the soils and plant composition consists of native vegetation, the soils will be transplanted to the new creation areas.
The remaining mitigation will be accomplished through purchase of mitigation bank credits. It is anticipated that mitigation will either be in Hilotchee Mitigation Bank or Boarshead Mitigation Bank, depending upon credit availability.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. Based on a review of the Florida Department of State, State Historic Preservation Officer (SHPO) Division of Historical Resources, Florida Master Site File (FMSF) there are no (0) archaeological sites and no (0) standing structures within the project vicinity (0.25 miles). Further, the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected. 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: The Corps has determined the proposed project is “Not Likely to Adversely Affect” the wood stork (Mycteria americana). The proposed activity is within the Core Foraging Area (CFA) of five (5) wood stork colonies; the project supports Suitable Foraging Habitat (SFH) for wood stork. Based on the Effect Determination Key for the Wood Stork in South Florida (dated May 18, 2010), the Corps determination sequence was A>B>C>E=NLAA. The project provides SFH compensation in accordance with the Clean Water Act Section 404(b)(1) guidelines and is not contrary to the habitat management guidelines. SFH compensation within the Core Foraging Area provides an amount of habitat and foraging function equivalent to that of impacted SFH; is not contrary to the Service’s Habitat Management Guidelines for The Wood Stork in the Southeast Regions and is in accordance with the CWA section 404(b)(1) guidelines.
The Corps has determined the proposed project is “Not Likely to Adversely Affect” Eastern indigo snake (Drymarchon couperi). Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps determination sequence resulted in A>B>C>=NLAA. Only marginal habitat was present on site and no gopher tortoise burrows were observed. Holes, cavities, and snake refugia will be inspected each morning before planned site manipulation of a particular area, and if occupied by an indigo snake, no work will commence until the snake has vacated the vicinity of proposed work; the permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013).
The Corps has determined the proposed project will have no effect on the Everglade Snail Kite, as the site does not contain habitat for this species and it is not designated critical habitat for this species.
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. 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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of 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 within 21 days from the date of this notice. For electronic mail (preferred) submit comments to Caitlin.S.Hoch@usace.army.mil. For standard mail submit comments to 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302. Please reference this permit number, SAJ- 1999-02752 (SP-CSH), on all submittals.
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, Caitlin Hoch, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610; by electronic mail at Caitlin.S.Hoch@usace.army.mil; by fax at (813)769-7061; or, by telephone at (813)769-7074.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat
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 of 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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.