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The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2016-02263 (SP-CSH)

Posted: 11/20/2017

Expiration date: 12/11/2017


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: Edward Mitchell
Duke Realty Limited Partnership
2400 North Commerce Parkway, Suite 405
Westin, FL 33326

WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands and a tributary to Sim’s Branch. The project site is located at 13124 US Highway 41 South, in Section 11, Township 31 South, Range 19 East, Gibsonton, Hillsborough County, Florida.

Directions to the site are as follows: From the intersection of US 41 and Big Bend Road (SR 674), proceed north, turn right on Powell Road and proceed 1300’; the project is on the right side of the road.

APPROXIMATE CENTRAL COORDINATES: 
Latitude 27.797344°
Longitude -82.379109°

PROJECT PURPOSE:
Basic: Industrial warehouse development
Overall: To construct a warehouse and associated infrastructure near the existing Tampa Regional Industrial Park in Gibsonton, Florida.

EXISTING CONDITIONS: The existing land use on the site is Improved Pasture (FLUCCS Code 211). The upland area of this site is mostly improved pastures with Bahia grass (Paspalum notatum), common bermuda (Cynodon dactylon) and carpet grass (Axonopus sp.) as dominant species.

Portions of the site used to be active citrus groves as evidenced by the remnant citrus trees in the northern portion of the site; however these groves have been abandoned and are being taken over by Brazilian Pepper (Schinus terebinthifolius). Four wetlands and ten surface waters (upland-cut ditches) are located around the perimeter of the site. Brazilian pepper has become the dominant species in and around all of the wetland and surface water areas.

PROPOSED WORK: The applicant seeks authorization to construct two 442,910 square foot warehouses, driveway, parking areas, stormwater treatment ponds and wetland mitigation on the 92-acre site. The proposed project will result in filling of 3.79-acres of wetlands.

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 current trend in industrial warehouse design, leasing and sales is trending towards much larger warehouses (minimum 10 acres or over 440,000 square feet). This is in response to the shift in commerce from brick and mortar sales to distribution centers for mailing products, i.e., Amazon and other shipping companies. Therefore, the need to provide these much larger warehouses necessitates has changed the site design and permitting requirements. The current project will construct two such warehouses on a site that is primarily improved pasture with some wetlands infested with brazilian pepper and upland-cut drainage ditches (surface waters). The avoidance of the wetlands proposed for impact was not possible in order to fit the necessary warehouses and parking areas, and also avoid the one wetland in the northeast corner that has some viable habitat remaining (Wetland A). The minimization of the impacts and mitigation plan deals with preserving Wetland A and constructing an herbaceous wetland around the perimeter in order to provide additional protection for this wetland. A second mitigation area is proposed within a 100-year Floodplain Compensation Area Pond that will be contiguous with the site drainage system after the stormwater has been treated.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: To compensate for the proposed wetland impacts to Wetlands B & C, the Applicant proposes to create Wetland Mitigation Area M1 (2.64 acres) located south of Wetland A. To compensate for the proposed wetland impacts to Wetland D, the Applicant proposes to create Wetland Mitigation Area M2 (1.21 acres) in the floodplain compensation area on the west side of the project. These mitigation areas will be heavily planted with native plant material in order to insure these areas establish a vegetative stratum and recruit natives rapidly in order to become successful as soon as possible. The creation of the Wetland Mitigation Areas 1 and 2 will be accomplished by lowering the grade of the uplands as shown on the construction plans and installing native wetland plant species found in the attached Mitigation Planting Schedule.

CULTURAL RESOURCES: The Corps has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Woodstork. The Corps will request U.S. Fish and Wildlife Service’s concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposal would have no effect on the Florida Grasshopper Sparrow, the Florida Scrub Jay, the Piping Plover or the Eastern Indigo Snake as there is no suitable habitat for these species on site.

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 in the Gulf of Mexico or Atlantic Ocean. 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- 2016-02263 (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.

Hillsborough County Jacksonville District permit public notice U.S. Army Corps of Engineers USACE