SAJ-2024-03309 (SP-TEH)

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/or 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 Tracy.E.Hurst@usace.army.mil.

APPLICANT: U-Haul Company of Florida

                     2311 Angel Olivia Senior St.

         Tampa, FL 33605

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Lake Sebring.  The project site is located at 4435 U.S. Highway 27 North; at latitude 27.521913° and longitude -81.500199°; in the Town of Sebring, Highlands County, Florida.

EXISTING CONDITIONS: The19.16-acre project site contains approximately 8.74 acres of wetlands.  The site is bordered by roadways to the north and east and by residential housing to the south and west. 

PROJECT PURPOSE:

Basic:  To construct a storage warehouse facility.

Overall:  To construct a storage warehouse facility in the Town of Sebring, Highlands County, Florida.

PROPOSED WORK:  The applicant proposes to construct a warehouse facility, known as “U-Haul Sebring”, containing 10 storage buildings and requiring impacts to 2.47 acres of freshwater forested wetlands.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“The proposed U-Haul Sebring project consists of the construction of a storage facility and the preservation of 6.27 acres of freshwater wetlands on 19.16-acre parcel located at 4435 US-27 N in Sebring, Highland County, Florida. The parcel is more specifically identified as Highland County Folio No. C-04-34-28-230-4760-0090. A portion of the project site consists of freshwater forested wetlands with areas of disturbed uplands throughout the property site.

The proposed project consists of the construction of a storage facility including a storage warehouse building, ten (10) self-storage buildings, and a dry retention area. To minimize impacts to the existing wetlands on site, the storage facility was designed to be located on the southeast corner of the site since the majority of the existing wetlands on site are located on the northwest portion of the property. The storage facility was also designed to tie into the existing stormwater system associated with the storage facility to the north.

Prior to application submittal, various considerations and efforts were made in an effort to avoid and or minimize potential onsite, offsite, and secondary wetland impacts. During the initial due diligence of the project development, considerations were made to preserve approximately 64% of the freshwater wetlands in the western portion of the subject site. Project considerations have since been made to allow for the preservation of 72% of the freshwater wetlands in the western portion of the subject site. However, the requirements for a property within the City of Sebring within the B-2 district requires a 25’ side yard setback. In order to have a financially feasible project with the number of self-storage units required along with the preservation of the wetlands on site, the storm water system would need to tie into the existing storm water system associated with the storage facility to the north. Additionally, the site does not have the storage capabilities needed for the proposed additional storage facility. Therefore, a dry retention area was needed to accommodate this. The dry retention area will prevent run-off from entering the remaining wetlands, minimizing pollutants in the preserved wetland area. Furthermore, a 0.28 acre proposed transitional buffer between the proposed dry retention area and storage buildings will reduce wetland impacts by moderating the effects of stormwater runoff, including stabilizing soil to prevent erosion, minimizing the introduction of pollutants, and regulating water level fluctuations.

Furthermore, wetland impacts are required for site access to meet project goals. The wetlands located on the eastern portion of the site are adjacent to the FDOT R/W. For the site to have a driveway connection on US 27 to allow trucks to access the site, wetlands need to be impacted. Access can not be proposed from Georgia St and Seattle Ave in the southern portion of the site as these streets are located within a residential neighborhood. Creating access on the eastern portion of the site adjacent to US Highway 27 allows the wetlands on the western portion of the site that are hydrologically connected to adjacent wetlands to be preserved and reduce secondary impacts.

Therefore, the project design was finalized to construct one storage warehouse building, ten (10) self-storage facilities, and a dry retention area. The proposed project results in the filling of 2.47 acres of freshwater forested wetlands on site and the preservation and enhancement of 6.27 acres of wetlands on site. Compared to the original plan, wetland preservation has increased by 0.69 acres. This results in a total impact of 28% of wetlands on site, which is an 8% decrease from the original plan. The proposed mitigation consists of a credit purchase from the Kissimmee Ridge Mitigation Bank.”

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to purchase mitigation bank credits from Lake Istokpoga Mitigation Bank.

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, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application 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. The U.S. Army Corps of Engineers is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by AGENCY NAME.

This notice serves as request to the U.S. Fish and Wildlife 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.

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: WQC is required from the South Florida Water Management District and is currently being reviewed under Application No. 886533.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the South Florida Water Management District. 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.  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 July 18, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Tracy Hurst at Tracy.E.Hurst@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Tracy Hurst, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610.  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.

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