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Eagle LNG Partners LNG distribution facility

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Duval County. Eagle LNG Partners, LLC. Houston, Texas. PROJECT PURPOSE: Basic: The basic project purpose is commercial development. Overall: The overall project purpose is the establishment of a Liquid Natural Gas (LNG) distribution facility in Jacksonville Florida with access to navigable waters and interstate roadways.

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) as described below:

APPLICANT: Eagle LNG Partners, LLC

Chasewood Technology Park

20445 State Highway 249, Suite 250

Houston, Texas 77070

WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with Drummond Creek and the St. Johns River. The project site is located at 1632 Zoo Parkway, in portions of Sections 17, 20, 47, and 55, Township 1 South, Range 27 East, Jacksonville, Duval County, Florida.

APPROXIMATE CENTRAL COORDINATES: Latitude 30.410393°

Longitude -81.616471°

PROJECT PURPOSE:

Basic: The basic project purpose is commercial development.

Overall: The overall project purpose is the establishment of a Liquid Natural Gas (LNG) distribution facility in Jacksonville Florida with access to navigable waters and interstate roadways.

LEAD FEDERAL AGENCY ROLE:

The Federal Energy Regulatory Commission (FERC) is considered the lead federal agency for the coordination and conduct of environmental reviews under the National Environmental Policy Act (NEPA). Pursuant to NEPA, the FERC is preparing an Environmental Impact Statement (EIS) for Eagle LNG Partners Jacksonville, LLC’s proposed Jacksonville Project. The Corps is participating as a cooperating agency in the development of the EIS; however, a separate decision document would be prepared prior to a final decision concerning issuance or denial of the requested Department of the Army permit. Comments received would be used by the Corps in the preparation of any documentation, if required, pursuant to NEPA prior to a final decision concerning issuance or denial of the Department of the Army permit.

Refer to the FERC Draft Environmental Impact Statement (DEIS) available on the FERC website (www.ferc.gov) using the eLibrary link. Click on the eLibrary link (https://www.ferc.gov/docs-filing/elibrary.asp), click on General Search, and enter the docket number in the “Docket Number” field, excluding the last three digits (i.e., CP17 41). Be sure you have selected an appropriate date range.

EXISTING CONDITIONS: Please review the narratives within the FERC DEIS.

General: The project site is approximately 193.4 acres in size. Of this total acreage, the site includes approximately 87 acres of wetlands and 22.5 acres of open-water. The elevation of the project site ranges from about 20.0 feet in the highest areas to a sea level in the eastern portion of the site. Topography is flat to gently sloping for much of the area at a macro-level, however, the topography slopes downward near the river and elevation levels are at sea level in the wetland areas. The natural surface soils have been somewhat altered from historical use of the property as a dredge spoil site during dredging of the St. Johns River channels, but the hydrology and natural sheet flow appears to remain in somewhat natural conditions.

Soils: The applicant’s ecological agent compiled soil series descriptions from information presented in the U.S Department of Agriculture National Resource Conservation Service (NRCS) Soil Survey Geographic (SSURGO) database for Duval County, Florida (NRCS 2015). The soils present at the site include Arents, nearly level (map unit 7), Boulogne fine sand, 0 to 2 percent slopes (map unit 14), Penney fine sand, 0 to 5 percent slopes (map unit 53), Pottsburg fine sand, high, 0 to 3 percent slopes (map unit 58), and Tisonia mucky peat, 0 to 1 percent slopes, very frequently flooded (map unit 68).

Arents, nearly level (map unit 7): The Arents series are nearly level and usually occur in the coastal plain flatwoods. The parent material is loamy and sandy marine sediments. The soils are poorly drained and permeability is slow. The common land use is timber lands and shrub scrub areas with close proximity to the coast. They are present mostly in Florida coastal areas.

Boulogne fine sand, 0 to 2 percent slopes (map unit 14): The Boulogne fine sand has slopes of 0 to 2 percent. These soils usually occur in the coastal plains area and the parent material is sandy marine sediments. Depth to the water table ranges from 6 to 18 inches and depth to bedrock is greater than 72 inches. The soil is very poorly drained and the permeability is slow to moderate. Common land use is agriculture where cleared and timberland where forested. Common distribution is throughout the Atlantic and lower Gulf coastal plains.

Penney fine sand, 0 to 5 percent slopes (map unit 53): The Penney unit has slopes of 0 to 5 percent. These soils occur in forested areas within the uplands and are formed from marine deposits. These are upland soils and are quickly drained. Permeability is very rapid. Depth to water table and depth to bedrock varies greatly. The majority of the land use in these areas is shrub scrub and forestlands in a natural state. This series is common in northeast Florida. This soil type does not meet hydric criteria.

Pottsburg fine sand, high, 0 to 3 percent slopes (map unit 58): The Pottsburg unit has high slopes of 0 to 3 percent. These soils occur in the lower coastal plains usually on flats. They are formed from historic marine deposits. These soils are moderately drained with a low runoff potential and can be subject to flooding. Land use includes timberland and developed areas.

Tisonia mucky peat, 0 to 1 percent slopes, very frequently flooded (map unit 68): The Tisonia mucky peat unit has slopes of 0 to 1 percent. These soils occur in large tidal marsh areas with elevations around sea level. The soils are formed from plant remains and deposits of alluvium where seawater is frequently present from high tide inundation. Land use is primarily for wildlife habitat and can be valuable habitat for saltwater finfish and shellfish. These soils occur in tidal marshes. This soil meets hydric criteria.

Vegetation: The project site encompasses eight vegetative communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). These communities are Live Oak Hammock (FLUCCS code 427), Coniferous Plantation (FLUCCS code 441), Stream and Waterways (FLUCCS code 510), Slash Pine Swamp Forest (FLUCCS code 627), Wetland Forested Mixed (FLUCCS code 630), Freshwater Marsh (FLUCCS code 641), Salt Marsh (FLUCCS code 642), and Sand - Other than Beaches (FLUCCS code 720).

Live Oak Hammock (FLUCCS code 427): This upland plant community dominates the upland-wetland interfaces within the site. The tree canopy within this community typically is dominated by live oak (Quercus virginiana), but occasionally is co-dominated by slash pine (Pinus elliottii). Additional tree species observed include red cedar (Juniperus virginiana), cabbage palm (Sabal palmetto), sand live oak (Quercus geminata), laurel oak (Quercus hemisphaerica), Southern magnolia (Magnolia grandiflora), sweet gum (Liquidambar styraciflua), camphor (Cinnamomum camphora), and Chinese tallow (Sapium sebiferum). Common understory and shrub species include overstory recruits, saw palmetto (Serenoa repens), St. John’s wort (Hypericum spp.), hairy indigo (Indigofera hirsute), American olive (Osmanthus americanus), gallberry (Ilex glabra), rusty lyonia (Lyonia fruticosa), and silverling (Baccharis glomeruliflora). Due to widespread dense canopy and thick duff layer, herbaceous groundcover generally is sparse.

Coniferous Plantation (FLUCCS code 441): This habitat designation encompasses all lands recently clear-cut and replanted with pine (Pinus sp.). This area is located in the north-central section of the site and contains the highest elevations on-site. The area is characterized by scattered patches of vegetated sand, ruderal/early successional herbaceous species, and coppicing/recruiting tree and shrub species. Common tree and shrub species include laurel oak, live oak, black cherry (Prunus serotina), Southern magnolia, mimosa (Albizia julibrissin), American beautyberry (Callicarpa americana), saw palmetto, winged sumac (Rhus copallinum), American pokeweed (Phytolacca americana). Groundcover species present include broomsedge (Andropogon virginicus), bushy bluestem (Andropogon glomeratus), briars (Smilax spp.), wiregrass (Aristida spp.), grape (Vitis rotundifolia), and trumpet vine (Campsis radicans).

Stream and Waterways (FLUCCS code 510): This community represents the open-water systems associated with Drummond Creek and the St. Johns River. Drummond Creek forms the southern boundary of the site; and, is a small tributary to the St. Johns River.

Slash Pine Swamp Forest (FLUCCS code 627): This plant community is located in the northwestern section of the site. This wetland community’s canopy is dominated by slash pine. Additional species within this community include swamp bay (Persea palustris), red maple (Acer rubrum), dahoon (Ilex cassine), cabbage palm, and sweetbay (Magnolia virginiana). Understory and shrub species include overstory recruits, elderberry (Sambucus nigra L. subsp. Canadensis) and evergreen bayberry (Myrica caroliniensis). The duff layer throughout this community is typically deep, replacing most of the ground cover vegetation. Cinnamon fern (Osmunda cinnamomea), Virginia chain fern (Woodwardia virginica), and royal fern (Osmunda regalis L. var. spectabilis) are the most frequent groundcover species.

Wetland Forested Mixed (FLUCCS code 630): This forested wetland community is typically located between the live oak hammock and the salt marsh community designations. This community is typified by a closed canopy, dense understory, and sparse groundcover. Common canopy trees included slash pine, cabbage palm, dahoon, sweetbay, and swamp bay. Subcanopy and shrub layers contained overstory recruits, red maple, sweetgum, sivlerling, and hairy indigo.

Freshwater Marsh (FLUCCS code 641): This community typically supports sawgrass (Cladium jamaicense), cattail (Typha sp.), arrowhead (Sagittaria sp.), maidencane (Panicum hemitomon), buttonbush (Cephalanthus occidentalis), cordgrass (Spartina bakeri), switchgrass (Panicum virgatum), bulrush (Scirpus sp.), black needlerush (Juncus effuses), and arrowroot (Thalia sp.).

Salt Marsh (FLUCCS code 642): This natural saline community is dominated by herbaceous vegetation and is found on the border of saltwater bodies with tidal-fluctuating inundation. These areas are occasionally flooded by high tide, but not flooded during low tide. Salt marsh communities cannot grow where waves are strong, but occur within irregularly flooded, low-energy wetlands. Dominant species observed on-site include smooth cordgrass (Spartina alterniflora), needlerush (Juncus roemerianus), and marsh-hay cordgrass (Spartina patens). Additional species present include sea oxeyes (Borrichia frutescens), big cordgrass (Spartina cynosuroides), bigleaf sumpweed (Iva frutescens), wand loosestrife (Lythrum lineare), and saltmarsh fringe-rush (Fimbristylis castanea). Numerous unmapped narrow creek channels are located throughout this community.

Sand - Other than Beaches (FLUCCS code 720): This community designation is positioned within the center of the “island” located in the south easternmost corner of the site. This community is sparsely vegetated and is dominated by large areas of bare, sand deposits. Plants species observed within this area include Hercules club (Zanthoxylum clava-herculis), yaupon (Ilex vomitoria), prickly pear cactus (Opuntia humifusa), briar (Smilax auriculata), saw palmetto, dogfennel (Eupatorium capillifolium), black cherry, pinweed (Lechea sp.), reindeer moss (Cladonia sp.), Bahia grass (Paspalum notatum), rustweed (Polypremum procumbens), and American plum (Prunus americana).

PROPOSED WORK: Please review the narratives within the FERC DEIS.

In general, the applicant seeks authorization to discharge clean fill material over a total of 1.39 acres of palustrine forested wetlands and 0.83 acres of estuarine salt marsh to facilitate the establishment of an LNG facility. The applicant also seeks authorization to place approximately 3,830 square feet of riprap along the shoreline of the property to stabilize and protect the shoreline. The applicant also seeks authorization to conduct dredge operations, including routine maintenance dredge operations, within 10.11 acres of non-vegetated open-waters of the St. Johns River. The applicant also seeks authorization to construct a docking terminal.

The overall LNG facility would include access/egress drives, internal roads, LNG equipment, parking, offices, scales, and a marine load-out structure. The marine load-out structure would include cryogenic transfer piping, a concrete access trestle structure approximately 885 feet in length by 36 feet in width, a concrete loading platform approximately 72 feet square, a docking terminal, two loading arms, one vapor return arm, associated piping and spill containment facilities, fire and safety equipment, a jetty vapor blower, four berthing dolphins (approximately 22 feet by 30 feet in size), and four mooring dolphins (approximately 22 feet by 20 feet in size). The marine load-out structure would be situated no closer than 225 feet from the near bottom edge of the Federal channel (Cut 50) in the St. Johns River.

The berth would require periodic maintenance dredging. Based on the completed sedimentation analysis, the berth may experience an average sedimentation rate of approximately 30 to 40 inches annually. The berth includes one foot of planned over-dredging to accommodate some initial sedimentation without need for overly frequent maintenance dredging. The estimated sedimentation rate suggests multiple maintenance dredging events annually. Dredged material would be placed within the DMMA as noted below.

AVOIDANCE AND MINIMIZATION INFORMATION: Please review the narratives within the FERC DEIS.

In general, the applicant indicates that work within waters of the United States cannot be avoided due to the establishment of the proposed load-out structure. The applicant also indicates that work affecting wetlands has been reduced to the minimum necessary to establish the various structures and access/egress for equipment associated with the load-out structure. Specifically, the proposed access/egress route was reduced in width from an initially proposed 25 feet to 10 feet (which is the minimum necessary for vehicle use) to minimize adverse effects to wetlands. Additionally, the applicant indicates that the area of shoreline stabilization has been limited to the minimum necessary to protect the existing shoreline, alleviate wave action during storm events, and protect the proposed facility. The project incorporates the establishment of a dredged material management area (DMMA) within uplands at the project site to preclude the placement of dredged material in open waters or wetlands. Dredged material would be removed from the DMMA when dry and permanently disposed of at off-site upland locations.

COMPENSATORY MITIGATION: Please review the narratives within the FERC DEIS.

In general, as compensatory mitigation, the applicant proposes the purchase of mitigation bank credits (palustrine and estuarine credits) from a federally approved mitigation bank with a service area encompassing the project site. The applicant’s ecological agent compiled a Uniform Mitigation Assessment Method (UMAM) quantifying and qualifying the loss of wetland functions and services associated with the work proposed. The UMAM calculates the functional loss to palustrine forested wetlands as 0.97 units and the functional loss to saltwater marsh wetlands as 0.61 units. Therefore, the applicant would purchase 0.97 palustrine forested credits and 0.61 saltwater marsh credits.

CULTURAL RESOURCES: Please review the narratives within the FERC DEIS.

ENDANGERED SPECIES: Please review the narratives within the FERC DEIS.

ESSENTIAL FISH HABITAT (EFH): Please review the narratives within the FERC DEIS.

NOTE: The applicant is seeking a 10-year permit. This public notice is being issued based on information furnished by the applicant and the FERC. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The Corps has not yet verified the proposed jurisdictional delineation.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232 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, Mark Evans, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at mark.r.evans@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028.

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. Please review the narratives within the FERC DEIS.

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 or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.

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.

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. The decision whether to hold a public hearing is at the discretion of the District Engineer, or his designated appointee, based on the need for additional substantial information necessary in evaluating the proposed project.

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