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: McDonald Ventures XXXIV, LLC
1540 International Parkway, Suite 2000
Lake Mary, Florida 32746
WATERWAY AND LOCATION: The project would affect waters of the United States within the Six Mile Creek drainage basin. The project site is located on the south side of Broadway Avenue approximately 1,200 feet east of the U.S. Highway 301 overpass and along the north side of Columbus Drive approximately 2,100 feet east of U.S. Highway 301 in Hillsborough County, Florida. The site is located in Sections 12 and 13, Township 29 South, and Range 20 East.
Directions to the site are as follows: Follow Interstate-75 to the SR 574/Dr. Martin Luther King, Jr. Boulevard Exit 250. Proceed west on SR 574 to Falkenburg Road. Turn left (south) on to Falkenburg Road and proceed to the intersection with Columbus Drive. Turn right (west) on Columbus Drive and proceed approximately 1.2 miles. The site is located on the north side of Columbus Drive.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.9656°
Longitude -82.3544°
PROJECT PURPOSE:
Basic: Construction of a commercial development
Overall: Construction of an office/warehouse/distribution center with associated infrastructure and stormwater management system in Hillsborough County, Florida with close proximity to I-75 and I-4.
EXISTING CONDITIONS: The wetland system on site consists of a freshwater herbaceous system that drains to the Six Mile Creek drainage basin. The onsite vegetation consists of non-forested, nuisance-dominant species. The existing area surrounding the project site and the project site itself consists of dredge material from the construction of the Tampa Bypass Canal in the 1960s. The project site has remained vacant and never subjected to development. The project site is located in an area of industrial development.
PROPOSED WORK: The applicant seeks authorization to fill approximately 0.99 acres of jurisdictional herbaceous wetlands in order to construct an office/warehouse/distribution center known as the 301 Business Center, with associated infrastructure.
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 project site has no direct access to public rights-of-way; however, an existing access easement provides access across Hillsborough County property to Columbus Drive at an existing driveway apron and median cut. Utilizing the existing access requires an impact to the existing approximately 8.64-acre wetland. The applicant, therefore, focused on designing the access road with the least amount of wetland impact as practicable. The proposed access must be wide enough to accommodate inbound and outbound truck traffic, water and sewer service, supporting utilities, sidewalk access, roadside clear zone, roadway landscaping, lighting, and transitional grading. Retaining walls and/or other earth retaining measures would be used to keep wetland impacts as least as possible.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: As compensatory mitigation for the 0.99 acres of impacts to herbaceous wetlands, the applicant is proposing to purchase non-forested freshwater credits from the Tampa Bay Mitigation Bank.
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. 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 project site is located within the core foraging area of suitable foraging habitat of known colonies of the federally endangered wood stork (Mycteria americana) within Hillsborough County. The Corps has completed an evaluation of the impacts the work may have on the wood stork or its designated critical habitat. Completion of “THE CORPS OF ENGINEERS, JACKSONVILLE DISTRICT, U. S. FISH AND WILDLIFE SERVICE, JACKSONVILLE ECOLOGICAL SERVICES FIELD OFFICE AND STATE OF FLORIDA EFFECT DETERMINATION KEY FOR THE WOOD STORK IN CENTRAL AND NORTH PENINSULAR FLORIDA September 2008” yielded a sequential determination of A > B > C > “not likely to adversely affect” for the wood stork. Due to the programmatic concurrence obtained from the U.S. Fish and Wildlife Service (USFWS) on the Key, no further consultation was required on this individual project.
No gopher tortoise (Gopherus polyphemus) or active or inactive burrows were noted on the project site. The presence of gopher tortoise burrows is an indication for the existence of potential habitat for the federally threatened Eastern Indigo Snake (Drymarchon corais coupri), which are often associated with gopher tortoises and gopher tortoise burrows. The applicant would adhere to the “Standard Protection Measures for the Eastern Indigo Snake, U.S. Fish and Wildlife Service – August 12, 2013”. Completion of the 25 Jan 2010 “Eastern Indigo Snake Key for the
North and South Ecological Services Field Offices of USFWS” and the 13 Aug 2013
update addendum yielded the sequential determination of A > B > C > "not likely to adversely affect". The Corps therefore concluded that the project is not likely to adversely affect, the eastern indigo snake. Due to the programmatic concurrence obtained from USFWS on the Key, no further consultation with USFWS was required on this individual project.
The project site is located within the USFWS Consultation Area for the Florida scrub-jay (Aphelocoma coerulescens). Based on the location and existing conditions of the project site and the habitat preferences for this species, the Corps has determined that the project would have no effect on the Florida Scrub-jay. Our final determination is subject to review by the USFWS.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service (NMFS) Habitat Conservation Division (HCD) 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 Tampa Bypass Canal. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the NMFS HCD.
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 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, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302, within 21 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, Ms. Darlene Dannels, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida 33610-8302; by electronic mail at darlene.dannels@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7068.
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.