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Duval County. City of Jacksonville (COJ). Jacksonville, Florida. PROJECT PURPOSE: Basic: The basic project purpose is commercial development. Overall: The overall project purpose is the repurposing of the area known as the Cecil Commerce Center (CCC), which is part of the former Naval Air Station (NAS) Cecil Field.

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: City of Jacksonville (COJ)

Jacksonville Economic Development Commission (JEDC)

117 West Duval Street, Suite 275

Jacksonville, Florida 32202

WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Caldwell Branch (a tributary to Yellow Water Creek) and Rowell Creek (a tributary to Sal Taylor Creek, which flows into Yellow Water Creek). Yellow Water Creek is a tributary to the North Fork Black Creek, which flows into Black Creek. The project also would affect wetlands associated with McGirts Creek (a tributary to the Ortega River). The project site is located in portions of Sections 21-23, 26-29, and 32-35, Township 2 South, Range 24 East and Sections 2-5, 8-12, 15-17, 21-22, and 28, Township 3 South, Range 24 East, Jacksonville, Duval County, Florida.

APPROXIMATE CENTRAL COORDINATES:

Latitude 30.263107°

Longitude -81.897788°

PROJECT PURPOSE:

Basic: The basic project purpose is commercial development.

Overall: The overall project purpose is the repurposing of the area known as the Cecil Commerce Center (CCC), which is part of the former Naval Air Station (NAS) Cecil Field.

PROJECT HISTORY:

In July 1993, the Defense Base Closure and Realignment Commission recommended the closure of NAS Cecil Field. In 1998, the U.S. Department of the Navy conducted an Environmental Impact Statement (EIS) for the Disposal and Reuse of NAS Cecil Field. Under the EIS, the Navy considered six alternatives for redevelopment of the site. The preferred alternative for the site was ultimately determined to be Aviation Mixed Use. This option included aggressively marketing the redevelopment of the site for aviation and other industrial and commercial uses. Primary goals of the plan included job creation and the enhancement and protection of a natural recreation corridor.

In response to the decision to close NAS Cecil Field, the COJ developed a reuse plan that would guide the transition of the 17,000-acre NAS Cecil Field from an operational Navy Base to a commercial, industrial, and recreational complex. The overall goal for the redevelopment of NAS Cecil Field was to create a mixed-use commercial, industrial, and recreational complex that provided sound economic growth and positive effects for the COJ, northeast Florida, and the State of Florida. Assessments of the site yielded a conceptual plan that included establishment of the Cecil Field Natural and Recreation Conservation Corridor along the western side of CCC, which would encompass the majority of the higher quality wetlands on the site. Additional high quality wetland areas were identified for preservation just east of that conservation corridor.

On November 1, 2000, the Corps circulated a public notice conveying the initial proposal to repurpose the property. That public notice identified potential work in a larger area, encompassing lands managed by the COJ and, separately, by the Jacksonville Port Authority. That Department of the Army permit application was withdrawn.

Subsequently, the Corps received and evaluated several Department of the Army permit applications; and, authorized several Department of the Army permits for components of the overall CCC development. During those initial permitting actions, the COJ, their consulting ecological team, and the Corps identified the highest quality wetlands; and, determined that the avoidance of those wetlands was critical. As such, all master planning efforts have centered around avoiding the highest quality wetlands on the site. Additionally, the COJ and their consulting ecological team identified other wetlands that should be preserved/enhanced (identified as “common area mitigation”).

The initial Corps permits for CCC projects in the development areas include Large Tract Commercial Facility, Roadways, Lake Fretwell Expansion, JEA Site N-8, and Small Tract Commercial Facilities. To date, Corps has issued the following permits within the COJ-owned limits of CCC:

SAJ-2002-02970 - Equestrian Center - issued 10/17/02, expired 9/25/07

SAJ-2002-02970 (Modification) - Equestrian Center Utility Corridor - issued 7/25/03

SAJ-2003-01935 - Mitigation Permit - issued 2/20/04, expires 9/15/23

SAJ-2003-01935 (Modification) - Addition of Common Area Mitigation – issued 10/13/16

SAJ-2003-02533 - Parcels N1/N2 - issued 3/5/04, expires 9/22/23

SAJ-2003-02533 (Modification) - N1/N2 Access Road – issued 5/18/17

SAJ-2003-02533 (Modification) - N1/N2 Access Road – issued 2/26/18

SAJ-2003-02534 - JEA Brandy Branch - issued 3/30/04, expires 9/22/23

SAJ-2003-02534 (Modification) - JEA Easements - issued 6/2/11

SAJ-2003-02535 - Roadways 5, 6, 21 - issued 9/25/03, expires 9/15/23

SAJ-2003-02535 (Modification) - Roadways 1 & 4 - issued 7/17/03

SAJ-2003-02535 (Modification) - New World Avenue Extension - issued 1/20/05

SAJ-2003-02536 - Bridgestone - issued 7/9/07, expired 7/9/15

SAJ-2003-02536 (Modification) - Sub-phase D - issued 9/11/12

SAJ-2003-02536 (Modification) - Parcel D2 (FedEx), issued 10/28/13

SAJ-2003-02536 (Modification) - Sub-phase D, issued 9/7/14

SAJ-2003-02537 - Lake Fretwell Expansion - issued 2/5/04, expires 9/22/23

SAJ-2003-08769 - FCCJ Cecil - issued 4/6/04, expired 4/6/14

SAJ-2016-02058 - New World Avenue Offsite Extension - issued 9/28/16, expires 9/28/21

SAJ-2016-02901 - Parcel C - issued 2/2/17, expired 3/18/17

EXISTING CONDITIONS:

Soils: The project drawings include exhibits that depict the soil types identified within the Soil Survey of City of Jacksonville, Duval County, Florida.

Vegetative Communities: The project drawings also include exhibits that depict the wetland community types encompassed by the property, as characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). These community types are Wetland Coniferous Forest (FLUCFCS code 620), Wet Coniferous Logged (FLUCFCS code 620A), Wetland Forested Mixed (FLUCFCS code 630), Wetland Forested Mixed, Logged (FLUCFCS code 630A), and Wetland Forested Mixed, Burned (FLUCFCS code 630B).

Wetland Coniferous Forest (FLUCFCS code 620): This community encompasses areas of planted pine intermittently managed for silviculture. The dominant canopy species is slash pine (Pinus elliottii) with scattered swamp bay (Persea borbonia). Subcanopy and herbaceous vegetation includes gallberry (Ilex glabra), myrtle leaf holly (Ilex myrtifolia), broom-sedge (Andropogon virginica), sphagnum moss (Sphagnum sp.), pitcher plant (Sarracenia purpura), saw palmetto (Serenoa repens), clubmoss (Lycopodium sp.), and highbush blueberry (Vaccinium corymbosum).

Wet Coniferous Logged (FLUCFCS code 620A): This community encompasses areas of planted pine that were clear-cut in 1998/1999. Limited herbaceous and shrub species have returned to these areas, including sundew (Drosera sp.), redroot (Lachnanthes caroliniana), and gallberry.

Wetland Forested Mixed (FLUCFCS code 630): The overall property supports numerous scattered mixed forested wetland systems. These areas are subject to intermittent flooding; and, underlying soils can be saturated or submerged during part of the year. Canopy species include slash pine, cypress (Taxodium distichum), red maple (Acer rubrum), water oak (Quercus nigra), swamp bay, elm (Ulmus spp.), tupelo (Nyssa biflora), and sweetgum (Liquidambar styraciflua). Understory vegetation includes sphagnum moss, Virginia chain fern (Woodwardia virginica), and cinnamon fern (Osmunda cinnamomea).

Wetland Forested Mixed, Logged (FLUCFCS code 630A): These wetland forested mixed communities were managed for silviculture. Some hardwoods remain at varying densities in the logged wetlands; however, the canopy is diminished. These areas contain heavy equipment ruts often associated with logging, as the dryness of the property at the time of logging precluded soils “pumping”. Trees include slash pine, swamp bay, cypress, sweet bay (Magnolia virginiana), loblolly bay (Gordonia lasianthus), and sweetgum. Herbaceous vegetation includes bladderwort (Utricularia sp.), sphagnum, fetterbush (Lyonia lucida), and yellow jasmine (Gelsemium sempervirens).

Wetland Forested Mixed, Burned (FLUCFCS code 630B): This classification is used to describe areas of mixed forested wetlands that were severely burned in the summer of 1998. Trees including cypress, slash pine, red maple, and tupelo, although standing, were burned below the cambium layer and exhibited extensive beetle damage. Herbaceous vegetation observed in the years following the fire includes sundew, royal fern (Osmunda regalis), myrtle leaf holly, and hatpins (Eriocaulon decangulare).

PROPOSED WORK: The applicant seeks a 25-year authorization to discharge clean fill material over a total of (maximum of) 412 acres of wetlands within the JEDC portion of the overall CCC. The work contemplated represents a total plan of potential development for the JEDC property.

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

The applicant selected the sites contemplated for wetland impact primarily because of their proximity to an established transportation network including New World Avenue Extension, Branan Field Chaffee Road (State Road 23), Interstate 10, and the First Coast Expressway. Access to major transportation networks would allow efficient traffic flow and would not exceed the capacity of existing roadways in the area. The combination of transportation accessibility, locating work in areas designated for commercial facilities, and the general desirability of grouping development parcels where development generally affects lower-quality wetland systems rather than interspersed throughout the CCC yields the conclusion that the work proposed represents the optimal locations for development of industrial and commercial facilities while concurrently minimizing wetland functional loss.

The proposed layout of development parcels depicted on the Total Plan of Development is a result of extensive planning and coordination with the COJ, the St. Johns River Water Management District (SJRWMD), and the Corps during the initial permitting processes. The parcel boundaries and proposed land uses were developed with consideration of avoidance and minimization efforts related to CCC as a whole. Industrial/warehouse development would occur in the central portion of the site because of its proximity to the transportation network centered on New World Avenue Extension, which now provides immediate access to State Road 23 and a direct link to Interstate 10.

Placement of industrial/warehouse development adjacent to the transportation network has several advantages. First, it keeps large-footprint development “clustered” together, so that the larger-scale impacts of those types of development are minimized throughout the site. If these industrial/warehouse sites were scattered throughout CCC, the overall wetland system would suffer more fragmentation and disturbance. Thus, clustering of this type of development represents avoidance and minimization of wetland impacts on a site-wide scale.

The current configuration of proposed development parcels, therefore, is a result of extensive planning efforts that included avoidance and minimization efforts on a site-wide basis considering the entirety of CCC. The parcels were specifically allocated as a mixture of sizes, configurations, and locations in order to accommodate several types of development so that COJ could best attain their overall goal of converting NAS Cecil Field into a positive economic asset for the COJ and northeast Florida.

The economic downturn in the past few years has slowed these efforts, however, the COJ retains its overall vision of CCC as an economic center that would generate an increase in employment and boost to the economy of the COJ.

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

In consideration of conversations with staff from various federal agencies, there was a consensus that the vegetative communities at CCC are highly disturbed; and, that the COJ has avoided impact of the highest quality wetlands on the site by including them in the Cecil Field Conservation Corridor. Mitigation for wetland impacts associated with projects within CCC generally is accomplished via preservation and enhancement of wetlands and uplands, as well as wetland creation, within the Cecil Field Conservation Corridor and in four additional areas east of that corridor. The Corps approved this mitigation plan as Department of the Army permit SAJ-2003-1935, which remains valid until September 15, 2023. The applicant may augment or replace compensatory mitigation efforts associated with the Cecil Field Conservation Corridor with the purchase of mitigation bank credits from a federally approved mitigation bank with a service area encompassing the CCC site.

Prior to the commencement of any wetland impacts in any of the areas contemplated for work, the applicant would submit a permit modification to the Corps that conveys a specific mitigation plan for the specific work proposed, which would consist of a combination of any or all of the above mitigation methods to offset functional loss incurred by that project. The applicant would submit a Wetland Rapid Assessment Procedure (WRAP) for the work proposed and the specific mitigation proposed documenting the appropriate project-specific compensatory mitigation for each individual project. This process is consistent with the permitting efforts for site-specific and site-wide permit applications for CCC previously submitted to, and authorized by, the Corps.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. 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 coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area. Previous project-specific evaluations for potential effects to cultural and/or historical resources have not identified nor discovered any resources listed in, or eligible for listing in, the National Register of Historic Places.

ENDANGERED SPECIES:

Red Cockaded Woodpecker (Picoides borealis): The project site is approximately 10 miles from the nearest identified nest or cluster location for Red Cockaded Woodpecker (1669 and 1687); and, within the consultation area identified by the U.S. Fish and Wildlife Service (FWS) and the Corps for this species. Therefore, Red Cockaded Woodpecker may utilize the project site. Habitat for Red Cockaded Woodpecker typically incorporates mature pine woodlands (not wetlands); and, optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass and shrub species. Nesting and roosting occur in cavity trees that are almost exclusively old, living, flat-topped pine trees. The project site does not encompass typical or optimum habitat; or, trees capable of supporting cavities. In addition, large portions of the site have been actively managed for silviculture. Therefore, it is likely that this species, if present, only opportunistically forages at the site. As significant forested habitat is located and preserved within the Cecil Field Conservation Corridor, the proposed development of the overall site would not preclude continued opportunistic foraging in the general area (i.e., if the species utilizes the site there would be no measurable alteration of potential activity). Therefore, the Corps concludes that the project would have no effect on this species.

Frosted Flatwood Salamander (Ambystoma cingulatum): The frosted flatwoods salamander typically resides in slash pine and longleaf pine flatwoods with wiregrass groundcover. These areas typically include scattered depressional wetlands. The primary threat to this species is loss of habitat due to agriculture and silviculture activities. The Florida Natural Areas Inventory data identified one documented observation of this species approximately 400 feet west of the northwestern corner of the CCC. This occurrence lies adjacent to the Cecil Field Conservation Corridor. Separately, the applicant’s ecological consultant did not identify individual frosted flatwoods salamander or signs of the frosted flatwoods salamander during field surveys of the CCC project area. The Corps’ Resource at Risk (RAR) report did not contain information indicating that frosted flatwoods salamanders use the project site. In consideration of the information evaluated, the Corps determined that the likelihood of frosted flatwoods salamanders inhabiting the project site is negligible and that no route of effect exists to any frosted flatwoods salamanders inhabiting adjacent properties. Therefore, the Corps determined that the project would have no effect on this species.

Eastern Indigo Snake (Drymarchon corais couperi): This species 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. Therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project. 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. The project site contains relatively small, scattered areas of xeric and shrub brushland habitat. The Cecil Field Conservation Corridor or development associated with previous NAS Cecil Field infrastructure and buildings encompass the majority of these habitats. The Corps, during the evaluation of prior permit actions, investigated potential effects to this species and determined, with the incorporation of the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013, that those actions may affect, but were not likely to adversely affect this species. In consideration of the potential presence of eastern indigo snake habitat but the scattered and limited presence of xeric and shrub brushland habitat, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013 to evaluate the overall total plan of development proposed. Use of this key resulted in the sequence A-B-C-D-E-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 FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.

The Corps executed an RAR report. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The work proposed would not affect marine or estuarine habitat nor EFH. Our initial determination is that the proposed action would not have an adverse impact on EFH or federally managed fisheries in the St. Johns River. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

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 jurisdictional line [has/has not] been verified by Corps personnel.

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 R. 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.

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 Corps will evaluate any request(s) for a public hearing; and, determine if a public hearing is warranted.

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