SAJ-2018-00705(SP-TLB)

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). 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 Taylor.L.Bryant@usace.army.mil

APPLICANT:    Timothy Aschoff

                          Crete Carrier Corporation

                          400 NW 56th ST.

           Lincoln, NE 68528

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Saddle Creek.  The project site is located at 40 Reynolds Rd, in Section 24, Township 28 S, and Range 14 E, at latitude 28.046546° and longitude -81.889820°: in Lakeland, Polk County, Florida. 33801.

EXISTING CONDITIONS: The project encompasses 20.72 acres of undeveloped land at the southeast intersection of State Route 92 and Reynolds Road, Lakeland, Polk County, Florida. The site comprises two (2) contiguous industrial parcels with approximately 5.69 acres of aquatic resources present. The western portion of the site exhibits a history of disturbance from periodic clearing and industrial operations, formerly hosting the Lakeland Tannery Facility. Wastewater treatment was previously managed through on-site stormwater ponds and what remains include concrete slabs, pathways, and rubble concentrated in the southwest quadrant.

Today the site is characterized by a mix of developed and natural features. Approximately 9.71-acres of urban open land is located on the western parcel. Concrete slabs, pathways, and piles of rubble remain from the former tannery site and are located within the southwest quadrant of the property. The remainder of the area consists of grasses dominated by the exotic species known as cogon grass (Imperata cylindrica), clusters of oak trees, and a scattering of cabbage palms which are maintained via mowing. Additionally, 6.62-acres on the eastern parcel consist of various native and exotic shrubs and grasses, including cogon grass, broomsedge, and wax myrtle, along with scattered cabbage palms and oak trees.

The project area is situated within a mixed-use zone in Polk County, adjacent to commercial and industrial facilities (supply stores to the north, Cube Smart storage to the west) and residential developments to the southeast.

PROJECT PURPOSE:

Basic: Commercial development

Overall: The purpose of this project is to develop a regional trucking facility and commercial infrastructure to support the growing demand for freight and logistics operations in Central Florida.

PROPOSED WORK: The applicant is seeking authorization to discharge fill material within approximately 1.93 acres of freshwater forested wetlands, 0.72 acres of freshwater wet prairie wetlands, and 0.35 acres of surface water pond for the development of a commercial trucking facility, including two (2) commercial buildings, a parking lot, and stormwater management system consisting of two swales and a wet detention pond in the City of Lakeland, Polk County Florida.

The stormwater system is designed to support site drainage and future development of two commercial outparcels. The project includes an 8,435-square-foot office building, a 16,451-square-foot mechanical shop, 189 tractor-trailer parking spaces, 103 vehicle parking spaces, and associated infrastructure within a 20.72-acre parcel. The project will result in the placement of approximately three (3) acres of fill in 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 development has been carefully designed to avoid and minimize impacts to wetlands and other waters of the United States to the greatest extent practicable while still meeting the essential operational and environmental goals of the project. The layout has undergone multiple refinements to consolidate development within upland areas and reduce the footprint wherever possible. Despite these efforts, certain impacts are unavoidable due to site constraints, regulatory requirements, and the need to remediate the existing contamination on the property.”.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant states that the proposed project will result in a loss of 1.03 units of palustrine forested wetland function and 0.36 unit of palustrine herbaceous wetland function. The applicant proposes to purchase federal mitigation bank credits to offset these losses. The Corps has not verified the total functional loss of the aquatic environment.

The applicant has purchased 1.03 palustrine forested wetland units and 0.36 palustrine herbaceous wetland units from a federally approved mitigation bank to offset the unavoidable impact to 2.65 acres of wetlands.

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, but is not likely to adversely affect, the species listed below.  No other ESA-listed species or critical habitat will be affected by the proposed action.  No critical habitat is present on the project site.

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 U.S. Army Corps of Engineers.

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: Water Quality Certification has been obtained from the Southwest Florida Water Management District (SWFWMD). The project has been issued an Environmental Resource Permit under permit no. 43044179.001.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SWFWMD. The SWFWMD 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 August 6, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or Taylor.L.Bryant@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  T. Lanaé Bryant, 10117 Princess Palm Ave., 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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