Public Notice Notifications

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.

SAJ-2021-03251 (SP-TEH)

U.S. ARMY CORPS OF ENGINEERS - REGULATORY
Published Dec. 6, 2021
Expiration date: 12/27/2021
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: Feeding America Tampa Bay, Inc.
4702 Transport Drive, Building 6
Tampa, FL 33605

WATERWAY AND LOCATION: The project would affect waters of the United States associated with McKay Bay, which empties into Hillsborough Bay, then Tampa Bay, and ultimately the Gulf of Mexico. The project site is located at 3600 Causeway Boulevard, on east side of the Causeway Boulevard Bridge, on the north side of the roadway, in the City of Tampa, Hillsborough County, Florida, in Section 28 of Township 29 South and Range 19 East.

Directions to the site are as follows: From Interstate 4, proceed south on 50th Street (US Highway 41) for approximately 3 miles. Turn right (west) on Causeway Boulevard (South 22nd Street). Travel approximately three-quarters of one mile and the site is on the right (north site of road).

APPROXIMATE CENTRAL COORDINATES:
Latitude 27.924711°
Longitude -82.414276°

PROJECT PURPOSE:
Basic: To develop a multi-use warehouse logistics center to coordinate and provide food to those in need.
Overall: To develop a multi-use warehouse logistics center to coordinate and provide food to those in need in the Tampa Bay area.

EXISTING CONDITIONS: The 18-acre site consists of a vacant lot that has been used in the past for waste oil transport, a trucking facility, commercial use, and a wrecking operation. The on-site uplands consist of primarily of improved pasture. The wetlands along the northern part of the site (Wetland A) are tidal in nature, forested mangrove systems with portions invaded by Brazilian pepper. Wetland B consists of a freshwater, upland-cut pond. Wetland C consists of a roadside ditch. The site is bordered by a roadway to the south, industrial use to the east, the waters and wetlands of McKay Bay to the north, and similar vacant lot to the west.

PROPOSED WORK: The applicant seeks authorization to construct a multi-use warehouse logistic center, requiring impacts to 1.28 acres of tidal forested wetlands (Wetland A), a 0.33-acre freshwater pond (B), and 0.14-acre roadside ditch (Wetland C).

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 retaining wall is proposed around entire development at the wetland (A) edge. Use of a retaining wall reduces project impacts to Wetland A by 1.34 acres.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to purchase of credits from Bullfrog Creek Mitigation Bank and the Mangrove Point Mitigation Bank to offset functional loss of impacted wetlands.

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. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

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. The proposal would impact approximately 1.28 acres of tidal habitat utilized by various life stages of intertidal marine species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in McKay Bay. 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.

NAVIGATION: The project is not located adjacent to a federal channel nor are open water impacts proposed.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project. The project is in close proximity, but will not affect the Tampa Bypass Canal or projects at the Port of Tampa Bay. No impacts are proposed over open water.

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/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 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, Tracy Hurst, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida; by electronic mail at Tracy.E.Hurst@usace.army.mil; or, by telephone at (813) 769-7063.

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.

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.