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: Air Products & Chemicals, Inc
Attn: Alexander McLauchlin
7201 Hamilton Boulevard
Allentown, PA 18195
WATERWAY AND LOCATION: The project would affect waters of the United States associated with a freshwater wetland. The project site is located at 13300 U.S. Highway 41, bounded by U.S. Highway 41 to the West, Inland Transport Street to the north, and private property to the east and south, in Section 6 and 7, Township 33 South, Range 18 East, Palmetto, Manatee County, Florida .
Directions to the site are as follows: From Tampa, take I-275 south to US 41 N. Take US 41 north to Inland Transport Street. Take a right and Air Products facility is located immediately on your right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 27.63182°
Longitude -82.53836°
PROJECT PURPOSE:
Basic: Industrial facility
Overall: Expansion of an existing Air Products facility in Palmetto, Florida
EXISTING CONDITIONS: The wetland system consists of a freshwater herbaceous system. The onsite vegetation consists of non-native para grass and salt grass. Dayflower (Commelina sp.), cattails (Typha sp.), water primrose (Ludwigia octovalvis), and dog fennel (Eupatorium sp.) were sparsely observed associate species. Scattered Brazilian pepper (Schinus terebinthifolius) is also present along the transition areas of the wetland borders. The existing area surrounding the project area consists of the existing Air Products industrial facility to the west and light commercial activity to the north. To the south and east is former mining property that is currently functioning as water treatment and is actively maintained.
PROPOSED WORK: The applicant seeks authorization to fill 1.96 acres of herbaceous wet prairie wetlands for construction of an Air Products Pilot Plant.
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: A design alternative was chosen that results in a minimally-sized pilot plant adjacent to the existing facility, which will utilize existing parking and upland grassed areas in the adjacent facility for contractor parking and staging of equipment. The layout minimizes the amount of fill within Wetland 1 to what is needed for the pilot plant only, and results in 1.96 acres of permanent fill in Wetland 1. This alternative does not avoid wetland impacts, but results in 0.52 acres less than the first alternative design and minimizes the proposed impacts to the greatest extent practicable.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation for this project will be completed through the use of an approved mitigation bank. To offset the 1.96 acres of wetland impact at the proposed Project site, Air Products will purchase 0.53 freshwater herbaceous credits from the Tampa Bay Mitigation Bank.
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: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork. Use of the 2010 Wood Stork Key resulted in the following sequential determination: A > B > C > E > “Not likely to adversely affect”, no further consultation with the Service is necessary.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake. Use of the 2013 Eastern Indigo Snake Programmatic Effect Determination Key resulted in the following sequential determination: B > C > “Not likely to adversely affect”, no further consultation with the Service is necessary.
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 15 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- 2012-01315 (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.