SAJ-2024-01676 (SP-AMS)

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:

WATERWAY AND LOCATION:  The project would affect aquatic resources of the United States associated with the Tampa Bypass Canal.  The project site is located at the southside of US 92 in Sections 32/5, Township 28S / 29S, Range 20E in Hillsborough County, Florida.

Directions to the site are as follows:  Take US Hwy 92 east from Tampa to the I-75 Southbound Overpass. The site is located on the South side of US Hwy 92.

PROJECT PURPOSE: Basic:  Industrial Warehouse Facility

Overall:  To construct an industrial warehouse project within two miles of the I-75 / I-4 interchange to meet the demand for mid-size industrial warehouse space within the local East Tampa market.

EXISTING CONDITIONS:  The Project Site currently consists of altered uplands utilized as pasture, wetlands, and manmade surface waters. The Project Site has operated as cattle pasture. The Project Site is surrounded by residential and commercial development on all sides but the east, where it is bounded by I-75. Applicant has already cleared and graded the site and impacts are completed.

PROPOSED WORK:  This project proposes the construction of an industrial warehouse facility, roads, parking lots and stormwater management. Work on site will include clearing and grading 0.44 acres of wetlands and 0.57 acres of surface waters. Impacts have been completed.

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:  “Project design has included the extensive use of stem walls and steep side sloping to avoid and minimize the wetland impacts.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “Please note that the palustrine forested UMAM credits purchased for Wetland #9/Impact 2 had to come from an out-of-service area (OOSA) bank (Boarshead Ranch Mitigation Bank) because the only in-service area bank (Big Bullfrog Creek Mitigation Bank) had and has no palustrine forested credits available. The required non-forested credits required for Wetland #10/Impact 1 were purchased from an in-service area bank (Tampa Bay Mitigation Bank) using WRAP methodology.”

CULTURAL RESOURCES: The Corps is aware of recorded historic resources within or adjacent to the permit area and 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: Eastern Indigo Snake: Based on its evaluation of the project using the August 2013 north Florida effect determination key for the eastern indigo snake, the Corps has determined that the project may affect but is not likely to adversely affect for the eastern indigo snake (Drymarchon corais couperi) (A>B>C>D>E). No further consultation is  necessary.

Wood Stork: The project impacted suitable foraging habitat within the core foraging area of at least one wood stork nesting colony.  The impacts are completed, and there are no future impacts to wood stork foraging habitat. Therefore, the Corps has made the determination of no effect for the wood stork (Mycteria americana).

The Corps has determined the proposal would have no effect on the following listed threatened or endangered species or their designated critical habitat: American Crocodile (Crocodylus acutus), Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Everglade Snail Kite (Rostrhamus sociabilis plumbeus), Pygmy fringe-tree (Chionanthus pygmaeus), Tricolored bat (Perimyotis subflavus), and Whooping Crane (Grus americana).

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 0.44 acres of freshwater non-tidal forested wetlands and 0.57ac of surface waters inland of EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Florida.  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 Northwest Branch Permits Section, 1519 Taylor Street Columbia, SC 29201 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, Angel Smith, in writing at, 1519 Taylor Street Columbia, SC 29201 or by electronic mail at angela.m.smith@usace.army.mil; or, by telephone at (803)995-1746. 

ADDITIONAL INFORMATION:  After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time.  Final determination regarding legal action will be made after review of the project through the permit procedure. 

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: WQC is required from the Southwest Florida Water Management District.  Environmental Resource Permit No. 864627 / 43045891.001 for the project was issued on August 29, 2023, which provides the required WQC for the site.

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.