Public Notice with Attachments
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DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS POST OFFICE BOX 4970 JACKSONVILLE, FLORIDA 32232 REPLY TO June 21, 2018 ATTENTION OF Regulatory Division North Permits Branch Jacksonville Permits Section PUBLIC NOTICE Permit Application Number SAJ-2003-02536(SP-MRE) 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: APPLICANT: Jacksonville – Cecil Commerce Center, LLC c/o Hillwood 3000 Turtle Creek Boulevard Dallas, Texas 75219 WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Rowell Creek. The project site is located within the Cecil Commerce Center (CCC), contiguous to 103rd Street (Perimeter Road), in portions of Sections 11, Township 3 South, Range 23 East, Jacksonville, Duval County, Florida. APPROXIMATE CENTRAL COORDINATES: Latitude 30.247904°, Longitude -81.873443° PROJECT PURPOSE: Basic: The basic project purpose is commercial development. Overall: The overall project purpose is the establishment of an industrial warehouse facility within the CCC. PROJECT HISTORY: In 1998, the U.S. Department of the Navy (Navy) compiled an Environmental Impact Statement (EIS) on the Disposal and Reuse of Naval Air Station Cecil Field. As a result of actions by the Navy, the Jacksonville Economic Development Commission and the Jacksonville Port Authority proposed the redevelopment of the property. In 2000, the Corps circulated a public notice conveying the conceptual revitalization and development of Naval Air Station Cecil Field as the CCC. In 2003, the Corps circulated a public notice conveying specific plans for portions of the overall CCC project. That public notice identified six components of the overall CCC project, which were/are Large Tract Development, infrastructure, Lake Fretwell stormwater management pond, Jacksonville Electric Authority Transmission Lines and Site N-8 wells, Small Tract Development, and the Mitigation Area. After the circulation of that public notice and an evaluation of the work proposed, the Corps issued several permits and authorized the establishment of the CCC mitigation area. Work at several sites within the CCC has been implemented or completed. However, the permittees were unable to complete all of the authorized work prior to the expiration of various permits. Therefore, the Jacksonville – Cecil Commerce Center, LLC is currently seeking authorization of previously evaluated work that is associated with a specific component of the previously permitted overall CCC project. EXISTING CONDITIONS: Soils: The project site encompasses five soil types identified by the U.S. Department of Agriculture – Natural Resource Conservation Service. These soil types are Boulogne fine sand, 0 to 2 percent slopes, Evergreen-Wesconnett complex, depressional, 0 to 2 percent slopes, Leon fine sand, 0 to 2 percent slopes, Lynn Haven fine sand, 0 to 2 percent slopes, and Pottsburg fine sand, 0 to 2 percent slopes. Evergreen-Wesconnett complex, depressional, 0 to 2 percent slopes and Lynn Haven fine sand, 0 to 2 percent slopes comprise the hydric soils encompassed by the site. Vegetative Communities: The project site encompasses five vegetative communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). a. Coniferous Plantations (FLUCFCS code 441): On-site uplands have been historically utilized for silviculture and are dominated by planted rows of slash pine (Pinus elliottii). Other species found in this community include myrtle leaf holly (Ilex myrtifolia), saw palmetto (Serenoa repens), gallberry (Ilex glabra), shiny blueberry (Vaccinium myrsinites), tarflower (Bejaria racemosa), and bracken fern (Pteridium aquilinum). b. Hydric Coniferous Plantations (FLUCFCS code 441H): Wetlands within the area utilized for silviculture are dominated by slash pine, accompanied by saw palmetto, loblolly bay (Gordonia lasianthus), royal fern (Osmunda regalis), and cinnamon fern (Osmunda cinnamomea). c. Wetland Forested Mixed (FLUCFCS code 630): These wetlands contain a mixture of hardwood and coniferous species in the canopy, with neither achieving dominance. Vegetation includes slash pine, red maple (Acer rubrum), cypress (Taxodium distichum), wax myrtle (Morella cerifera), silver bay (Magnolia virginiana), royal fern, cinnamon fern, and Virginia chain fern (Woodwardia virginica). d. Vegetated Non-Forested Wetlands (FLUCFCS code 640): Vegetation in this non-forested community includes wax myrtle, fetterbush (Lyonia lucida), gallberry, St. John’s wort (Hypericum spp.), redroot (Lachnanthes caroliniana), royal fern, Virginia chain fern, and hatpin (Ericaulon spp.). The water table is generally found at or within several inches of the surface. The project site is located west of the CCC Parcel C. In conjunction with Department of the Army permit SAJ-2016-02901, the Corps determined that the wetland near the eastern side of the current project site is not within Federal jurisdiction associated with the Clean Water Act. PROPOSED WORK: The applicant seeks authorization to discharge fill material over a total of 40.17 acres of wetlands to facilitate the establishment of a warehouse facility. AVOIDANCE AND MINIMIZATION INFORMATION: In conjunction with the evaluation of the original overall CCC project, the Corps concluded that the overall project could not completely avoid work affecting wetlands; and, that the overall project minimized work affecting wetlands to the maximum extent practicable. In addition, during the evaluation of the overall CCC project, 2 the Corps identified/evaluated the work proposed at the current project site. Therefore, the applicant is seeking authorization of previously evaluated work that is associated with a specific component of the previously permitted overall project. Further, as determined during the overall CCC evaluation, a warehouse facility at the project site requires a “large-footprint” building, associated infrastructure, parking, and stormwater treatment ponds. In consideration of the project purpose and the previous overall CCC project evaluation, the applicant expressed an opinion that the current project avoids and minimizes work affecting wetlands to the maximum extent practicable. COMPENSATORY MITIGATION: In conjunction with the original permits associated with the overall CCC project, the Corps authorized, and the permittee implemented, advance compensatory mitigation actions as pre-project (pre-construction) mitigation. Therefore, the applicant would utilize the previously implemented advance mitigation initiatives, which included wetland creation, restoration, enhancement, and preservation, as compensatory mitigation for the work proposed. The applicant’s ecological agent submitted a Wetland Rapid Assessment Procedure (WRAP) quantifying and qualifying the functional loss associated with the work proposed; and, the portion of the previously implemented advance compensatory mitigation that would offset that functional loss. CULTURAL RESOURCES: The Corps previously investigated and evaluated potential effects to resources listed in, or eligible for listing in, the National Register of Historic Places (NRHP). The Corps previously determined that the work associated with the overall CCC project would not adversely affect any cultural and/or historic resources. In consideration of the previous evaluation, the Corps reaffirms the absence of any known historic properties within the current project area. However, by copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and any requisite coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area. ENDANGERED SPECIES: The Corps previously investigated and evaluated potential effects to federally listed species. The Corps previously determined that the work proposed for the overall CCC project would not adversely affect any federally listed species. However, in consideration of current information regarding listed species, the Corps has reassessed potential effects to listed species, as noted below. Eastern Indigo Snake (Drymarchon corais couperi): Eastern indigo snake frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. A recent inspection of the site by the applicant’s ecological agent did not locate any gopher tortoise burrows nor result in the observation of gopher tortoise or eastern indigo snakes. However, in consideration of the potential presence of eastern indigo snakes, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The U.S.