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: Westlake Site 3 (Jacksonville) Owner, LLC
Attention: Matt Hubert
1211 W. 22nd Street, Suite 800
Oak Brook, Illinois 60523
WATERWAY AND LOCATION: The project would affect waters associated with the Trout River. The project site is located at 4868 Jones Road, Section 33, Township 1 South, Range 25 East, Jacksonville, Duval County.
Directions to the site are as follows: Take Exit 25 off of l-295 and travel west on Pritchard Road to Jones Rd. Take a right on Jones Rd and travel north then west on Jones Road. The project site will be on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.3767°
Longitude -81.8116°
PROJECT PURPOSE:
Basic: The basic project purpose is commercial development.
Overall: The overall project purpose is the construction of a commercial warehouse and associated infrastructure on the northwest side of Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine wetland, ditches, and an upland dug reservoir. The project site is 9.53 acres in size. The onsite vegetation has been classified into six generalized vegetative communities or land uses, as defined by Florida Land Use, Cover, and Forms Classification System (FLUCFCS). A description of the vegetative communities, or land uses, is found below:
a. Residential, Low Density (FLUCFCS 110) ±1.14-acres. Northwest and southwest areas of property contain at least one established house.
b. Improved Pasture (FLUCFCS 211) ±2.35-acres. The southern and southwestern areas of the property contain land that has been cleared and appears to be regularly mowed and maintained. This area contains various grasses and mostly open non-forested land.
c. Pine – Mesic Oak (FLUCFCS 414) ±2.33-acres. This northern upland community consists of a canopy of slash pine (Pinus elliottii), longleaf pine (Pinus palustris) and loblolly pine (Pinus taeda) in association with a few laurel oaks (Quercus laurilfolia), and sweetgum (Liquidambar styraciflua). The understory of this community is comprised of wax myrtle (Morella californica), gallberry (Ilex coricea), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).
d. Tree Plantations (FLUCFCS 440) ±0.31-acres. This southern forest community
predominantly consists of planted slash and loblolly pine that has been previously managed for silviculture. The understory is composed of saw palmetto, gallberry, wax myrtle and Chinese privet (Ligustrum sinense).
e. Streams and Waterways (FLUCFCS 510) ±0.18-acres. This community consists of two ditch systems that connect to the wetlands to the north and terminate to the south at the dirt road. The western ditch connects to ditch system located on the western parcel. A majority of the ditch system’s water course is unvegetated, with a few portions containing hydrophytic vegetation. The entire ditch system appears to have been manmade and due to the undulation of the ditch bottom contours the ditch system currently does not provide contiguous hydric conveyance throughout the entire system.
f. Reservoirs (FLUCFCS 530) ±1.49-acres. The reservoirs community consists of a stormwater pond along the southeastern boundary. This pond is generally open water with some opportunistic species inhabiting the littoral fringe of the ponds. The species observed include cattail (Typha sp.), and torpedo grass (Panicum repens).
g. Wetland Hardwood Forest (FLUCFCS 617) ±1.09-acres. Two wetland communities exist within the northern and northeastern portion of the project area. These communities contain a canopy and sub canopy species that include bald cypress (Taxodium distichum), sweetgum, red maple (Acer rubrum), swamp bay (Persea palustris), and water oak (Quercus nigra). Shrub and herbaceous layer species include wax myrtle, gallberry, fetterbush (Lyonia lucida), saw palmetto, and cinnamon fern (Osmunda cinnamomea).
h. Roads and Highways (Trail roads) (FLUCFCS 814) ±0.64-acres. The roads and highways community consist of two north/south running trail road systems. The portions of trail road are non-vegetated and sandy.
The existing area surrounding the project area consists of an area cleared and filled to be an additional warehouse site to the west, a large reservoir to the east, rural land to the north, and an oak plantation and rural area to the south.
PROPOSED WORK: The applicant seeks authorization to place 45,215-cubic-yards of clean fill into 2.18-acres of aquatic resources (0.50-acre of wetland impacts, 1.49-acres of reservoir impacts, and 0.19-acre of ditch impacts) for construction of a commercial storage warehouse and associated infrastructure. The proposed work would have secondary impacts to 0.43-acre of waters of the United States (palustrine forested wetlands). There would be 0.59-acre of wetlands to remain. The applicant is requesting a 5 year authorization.
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 proposed project entails the construction of a second building on the adjacent parcels for the mixed-use commercial storage and distribution facility. The proposed project also contains, associated parking areas, access roadways/infrastructure, and a stormwater management system. Due to the building size, safety regulations, and configuration requirements, the proposed impacts for the project include 0.54-acre of wetlands (Direct Impact 1, Direct Impact 2, Direct Impact 3, and Ditch 3) and 1.64 acres of surface water ditches and a Reservoir (Ditch 1, Ditch 2, and Reservoir). The layout of the proposed development is restricted by the need for a large contiguous mixed-use commercial storage and distribution facility building and contiguous access roads and parking areas, which allow for continuity necessary for the appropriate function of the intended use. The proposed site plan allows continuity that is inherent and necessary for both mixed-use commercial storage and distribution facilities to be efficient. Without the proposed continuity within the site plan, the viability of the project would be threatened. The project has been designed and engineered in consideration of the presence of and in relation to wetlands and surface waters. Reasonable and practicable alternatives have been explored, to attempt to reduce or eliminate the wetland impacts to the greatest extent possible. The subject impact area has purposely been sited per the location requirements for the project.”
COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:
“Impacts have been minimized to the greatest extent practicable while still meeting project goals. To offset impacts, the applicant proposes federal mitigation bank credits from Nochaway Mitigation Bank. The wetlands associated with these credits will provide greater long-term ecological value than the wetlands proposed for impact.”
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi) based on programmatic key. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana) based on programmatic key. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Tricolored bat (Perimyotis subflavus). The Corps will coordinate with the applicant to determine whether the work would be completed prior to any federal listing, whether the applicant would initiate Section 10 consultation with the USFWS pursuant to the Endangered Species Act (ESA) if the work were not completed prior to any federal listing, or if the applicant would like the corps to initiate Section 7 consultation with the United States Fish and Wildlife Service (USFWS) at this time, pursuant to the ESA.
The Corps has determined the proposal would have no effect on the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), West Indian manatee (Trichechus manatus), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle (Caretta caretta), Whooping crane (Grus americana), and Red-cockaded woodpecker (Picoides borealis) or any other listed threatened or endangered species or designated critical habitat.
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 is located upstream of any EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 proposed activity is not located in the vicinity of a federal navigation channel.
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.
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.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Jacksonville Permits Section, address at the letterhead above, or by electronic mail at Terri.M.Mashour@usace.army.mil within 30 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, address at the letterhead above; by electronic mail at Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179.
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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification has been issued by the St. Johns River Water Management District under by an Individual Permit, number 202962-1.
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.