SAJ-2024-01970 (SP-TLW)

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at tracey.l.wheeler@usace.army.mil  

APPLICANT: Clayton Sembler

                        CDS Manufacturing, Incorporated

          106 Charles Hayes Sr. Drive

          Gretna, Florida 32332

AGENT:          Sophie Wild

                         Bio-Tech Consulting

                         3025 East South Street

                         Orlando, Florida 32803

WATERWAY AND LOCATION:  The project would affect waters of the United States and navigable waters of the United States associated with the St. Marks River.  The project area is located on the north side of St. Marks Refinery Road, south of the intersection of Port Leon Drive and Hope Lane in 02 Section, 04 South Township, 01 East Range; at Latitude 30.165313 and Longitude -84.20223; in St. Marks, Wakulla County, Florida.

EXISTING CONDITIONS: The project site is a 55-acre parcel that previously contained a refinery and supporting infrastructure. The majority of the uplands on site consist of mowed and maintained grassy lands. Vegetative species observed within this

community type includes bahiagrass (Paspalum notatum), threeflower ticktrefoil (Desmodium triflorum), thistle (Cirsium spp.), and dog fennel (Eupatorium capillifolium).

Wetlands comprise approximately 40 acres of the property and are located to the north and east on the property. They contain a dense canopy that is dominated by all sizes of hardwood tree species. Vegetative species observed within this community type include water oak (Quercus nigra), bald cypress (Taxodium distichum), red cedar (Juniperus virginiana), sweetbay (Magnolia virginiana), loblolly bay (Gordonia lasianthus), dahoon holly (Ilex cassine), sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), southern magnolia (Magnolia grandiflora), slash pine (Pinus elliottii), saw palmetto (Serenoa repens), yaupon holly (Ilex vomitoria), wax myrtle (Morella cerifera), bushy bluestem (Andropogon glomeratus), blackberry (Rubus spp.), marsh pennywort (Hydrocotyle umbellata), Virginia chain fern (Woodwardia virginica), muscadine vine (Vitis rotundifolia), soft rush (Juncus effusus), saltbush (Baccharis halimifolia), and cabbage palm (Sabal palmetto).

The eastern boundary of the site abuts the St. Mark’s River with some portions of the river encroaching onto the property. The majority of the river is open water with vegetation limited to the edges. Vegetative species observed within this community includes bald cypress (Taxodium distichum), red cedar (Juniperus virginiana), wax myrtle (Morella cerifera), sawgrass (Cladium spp.), and cabbage palm (Sabal palmetto).

PROJECT PURPOSE:

Basic:  Commercial Development

Overall:  Construction of a full service multimodal precast and prestressed concrete manufacturing facility and associated infrastructure with the capability to support and supply critical infrastructure projects via barge transportation.

PROPOSED WORK:  The applicant requests authorization to impact 7.62 acres of wetlands and 0.079 acre of Section 10 Waters associated with construction of a 61.5 feet by 221 feet barge basin, access road, concrete batch plant and stormwater treatment facilities.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: Several design configurations were evaluated during the planning of

the proposed development. The proposed development of the barge basin and the road widening to access the basin is designed to minimize impacts to the large, forested wetland system throughout the site. The impacts are limited to the lower quality areas that are nearest to the existing road. The impacts have been minimized to the greatest extent possible to maintain a viable project design.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Mitigation to offset the functional loss incurred via the project’s direct and secondary wetland impacts consist of the purchase of credits from a federally approved mitigation bank.

Wetlands identified as SW 3 are located within a previously impacted area that functions primarily to hold stormwater. Those functions would be replaced by the required stormwater treatment ponds. Therefore, no compensatory mitigation is proposed for those impacts.

CULTURAL RESOURCES:

The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

No resources listed in or eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work; however, the permit area has not been formally surveyed for the presence of cultural resources. Additional work may be necessary to identify and assess any cultural resources that may be present. This notice serves as a request to State Historic Preservation Officer (SHPO), Tribal Historic Preservation Officer (THPO), and/or other interested parties to provide any information they may have regarding historic properties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) Southeast Regional Office (SERO) Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and NMFS. Implementation of the proposed project would directly impact approximately 0.52 acres of open water and freshwater forested shrub wetlands. The effects of the project are determined to be minimal and permanent. These habitats are utilized by the following species and their various life stages:

Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with NMFS.

NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed work is 33 feet away from the near bottom edge of the St. Marks federal channel.

SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408) because the activity, in whole or in part,   would alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION:

WQC is required from the Northwest Florida Water Management District (NWFWMD).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from NWFWMD. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 7, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Tracey Wheeler at tracey.l.wheeler@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Tracey Wheeler, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

CLICK HERE for Public Notice and Graphics