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 (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C.FA §1344) as described below:
APPLICANT:
Publix Supermarkets, Inc.
c/o Randy Barber
3300 Publix Corporate Parkway
Lakeland, FL 33801
WATERWAY AND LOCATION: The proposed project would affect freshwater wetland resources associated with the Alafia and Hillsborough river basins. The project site is located at 2600 County Line Road, Lakeland, FL 33801.
The proposed project would affect the following parcel IDs:
23-28-30-138037-000010, 23-28-30-138037-000020, 23-28-30-138037-000030, 23-28-30-138037-000040, 23-28-30-000000-032010, 23-28-31-000000-031010, 23-28-31-138048-000190, 23-28-31-000000-011010, 23-28-29-000000-042010, 23-28-32-138061-000990 in Sections 29 and 30, Township 28 South, Range 23 East.
Directions to the site: Traveling from Orlando, take I-4 west to Exit 25. Turn right onto County Line Road, then left onto Allen K Breed Highway. The project site can be accessed via the Joyson Safety Systems property.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.019515
Longitude: -82.043195
PROJECT PURPOSE: The applicant’s stated purpose is to construct a warehouse, recycling facility, and associated parking and stormwater management for Publix Supermarkets, Inc. To meet the applicant’s stated purpose, the proposed facilities must be located contiguous with the existing Publix warehouse complex. Publix planned to locate the project entirely on land they already own to the east of the existing warehouse and subsequently investigated an adjacent site to the north. Based on the preliminary identification of wetlands, Publix decided to locate the project partially on their own property and purchased contiguous property to avoid wetland impacts to the extent practical. Site planning sought to minimize wetland impacts and included the location and shape of stormwater ponds, and routing of internal roads.
Basic: Where the activity associated with a discharge which is proposed for a special aquatic site, including wetlands (defined at 40 CFR 230 Subpart E) does not require access or proximity to or siting within the special aquatic site to fulfill its basic purpose (i.e., is not ‘‘water dependent’’), practicable alternatives that do not involve discharges to special aquatic sites are presumed to be available, unless clearly demonstrated otherwise. In addition, where a discharge is proposed for a special aquatic site, all practicable alternatives to the proposed discharge which do not involve a discharge into a special aquatic site are presumed to have less adverse impact on the aquatic ecosystem, unless clearly demonstrated otherwise. The basic project purpose is commercial development which is not considered a water dependent activity.
Overall: The overall purpose of the proposed project is to construct a warehouse, recycling facility, and associated parking and stormwater management facilities for Publix Supermarkets, Inc.
EXISTING CONDITIONS: The aquatic ecosystem in the review area consists of a 14.65 acres of freshwater wetlands. The onsite vegetation consists of upland hardwood forest, lakes, mixed wetland hardwood forest, freshwater marsh, and a wetland mitigation area. The existing area surrounding the project area consists of industrial development and undeveloped land.
PROPOSED WORK: The applicant seeks authorization to permanently discharge dredged or fill materials into 5.89 acres of freshwater wetlands to construct a 450,000 square foot (sq. ft) warehouse, a 61,535 sq. ft. recycling center, and associated driveways, parking lots and stormwater management facilities. Construction activities would also temporarily affect 0.30 acres of freshwater wetlands. The total impact to wetlands would be 6.19 acres.
AVOIDANCE AND MINIMIZATION INFORMATION – The Corps has requested the applicant provide best management practices in support of efforts to avoid and/or minimize impacts to the aquatic environment.
COMPENSATORY MITIGATION –The applicant proposes to provide compensation for unavoidable impacts through the purchase of credits from the Alafia River Mitigation Bank; the Corps has requested an estimated number of credits to be purchased. Temporary impacts on wetlands would be restored via natural recruitment.
CULTURAL RESOURCES: The Corps is evaluating the undertaking’s direct and indirect effects to historic properties as required under Section 106 of the National Historic Preservation Act (36 CFR 800) and Corps regulations (33 CFR 325 Appendix C). This public notice serves to inform the public of the proposed undertaking and invites comments from local, state, tribal and federal government agencies. Our final determination relative to historic properties impacts may be subject to additional coordination with the State Historic Preservation Officer (SHPO), federally recognized tribes with concerns in Florida and the permit area, and other interested parties. The Corps determined the Area of Potential Effects (APE) includes 109 acres of land on which the proposed facilities would be constructed (36 CFR 800.16(d)). The Corps authorization focuses on the permit area including 6.19 acres of wetlands which would be affected by the proposed discharge of dredged or fill material (33 CFR 325 Appendix C(1)(g)(1)). The undertaking is issuance of a DA permit to authorize discharge of dredged or fill material into 6.19 acres of wetlands (36 CFR 800.16(y) and 33 CFR 325 Appendix C(1)(f)). The Corps consulted the National Register of Historic Places via the National Regulatory Viewer, and there are no historic properties in the APE or Corps permit area; this finding is also supported by information provided by the applicant (CRAS, prepared by ACI, July 2024). Additional screening conducted by the applicant indicated that only two archaeological sites have been recorded within one mile of the APE and neither is within the APE (CRAS, prepared by ACI, July 2024). Further, the applicant’s review of Veteran’s Grave Registration compiled in 1940-1941, did not record any graves or cemeteries in the section/township/range where the APE is located (WPA 1941: Volume 7). As such, the Corps’ preliminary determination is the proposed undertaking would have no effect on historic properties or archeological sites (36 CFR 800.3(a)(1)).
ENDANGERED SPECIES: Information provided by the applicant indicates the project is located in the consultation area for several federally listed species. There is no designated critical habitat in the action area. Information provided by the applicant indicates there would be no effect on: Florida scrub jay (Aphelocoma coerulescens), sand skink (Neoseps reynoldsi), blue-tailed mole skink (Plestiodon egregius lividus) or crested caracara (Polyborus plancus audubonii). The project is located in a core foraging area for wood stork (CPH letter to FWS, dated October 23, 2023). The Corps has determined the proposed action would have no effect on Florida scrub jay, sand skink, blue-tailed mole skink, or crested caracara due to lack of suitable habitat. The Corps has also determined the proposed action would have no effect on designated critical habitat.
Wood Stork: The Corps has determined the proposed project may affect, but is not likely to adversely affect the federally listed threatened wood stork (Mycteria americana). The Corps hereby requests U.S. Fish and Wildlife Service (FWS) concurrence with this determination pursuant to Section 7 of the Endangered Species Act. Wood storks occur in a variety of wetland habitats, and foraging sites include freshwater marshes and stock ponds, shallow, seasonally flooded roadside and agricultural ditches, tidal creeks and shallow tidal pools, managed impoundments, and depressions in cypress heads and swamp sloughs. The Corps has requested the applicant provide information on the applicable core foraging areas (CFA) for wood stork, whether wood storks were observed on site or in adjacent areas. The applicant proposed mitigation bank credit purchase should be from mitigation banks with similar hydroperiods as in the project area, and comply with the Habitat Management Guidelines for the Wood Stork in the Southeast Region. The FWS Effect Determination Key for the Wood Stork in South Florida (2010) resulted in a sequential Corps determination: A > B > C > E, MANLAA. In light of the proposed mitigation, the Corps has determined additional consultation is not required at this time.
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 Tampa Permits Section, via the Los Angeles District Regulatory Division North Coast Branch, 60 South California Street Suite 201, Ventura, CA 93001-2598 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, Theresa Stevens, in writing at the Los Angeles District Regulatory Division North Coast Branch, 60 South California Street, Suite 201,Ventura, CA 93001-2598; by electronic mail at theresa.stevens@usace.army.mil; by facsimile transmission at (805) 585-2154; or, by telephone at (805) 585-2146 (Pacific Standard Time).
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), 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 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 (WQC): WQC is required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 887264 by the Southwest Florida Water Management District through issuance of an Environmental Resource Application No. 887264.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the Jacksonville District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.