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Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2016-01544 (SP-BJC)

Posted: 11/21/2017

Expiration date: 12/12/2017


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: BW Monument McCormick, LLC
                      Attn: Austin Simmons
                      3708 West Swann Avenue, Suite 200
                      Tampa, Florida 33609

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Cedar Swamp. The project site is located at 11932 McCormick Road, in Section 35, Township 2 South, Range 24 East, Jacksonville, Duval County, Florida.

Directions to the site are as follows: From Interstate-95 use Exit 362A or Exit 337 and turn east. Proceed until Exit 46 and turn east on Merrill Road. Merrill road becomes McCormick Road. Proceed until the intersection of Monument Road and project site is located on the right.

APPROXIMATE CENTRAL COORDINATES: Latitude 30.359642°
                                                                         Longitude -81.504165°

PROJECT PURPOSE:

Basic: The basic project purpose is commercial development.

Overall: The overall purpose is commercial development on State Route 116 between Interstate-295 and the Intracoastal Waterway.

EXISTING CONDITIONS: The following existing vegetative communities and landforms have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS): Commercial and Services (FLUCFCS code 434), Open Land (FLUCFCS code 190), Hardwood – Conifer Mixed (FLUCFCS code 434), Bay Swamp (FLUCFCS code 611), and Mixed Wetland Hardwood (FLUCFCS code 617).

PROPOSED WORK: The applicant seeks authorization to discharge fill into 0.97-acre of palustrine-forested wetlands to facilitate the expansion of a commercial development.

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:

“In preparing the wetlands master plan, the design intent was to avoid and minimize onsite wetland impacts to the greatest extent possible and conserve the larger contiguous offsite wetland areas nearby to maximize biological functions and wildlife values, while still meeting the project purpose and need. To meet this intent, the applicant first selected the LEDPA, which allowed for more than 80 percent of the impacts of the project to be located on uplands. In comparison, the selection of the adjacent vacant site would have resulted in 100 percent of the impacts occurring on wetlands and would represent a greater than 500-percent increase in wetland impacts. The Applicant also implemented practical design modifications to the project to reduce the amount of land needed to approximately 5 acres. Originally, the plans called for a need for greater acreages of land. Next, the Applicant designed plans to locate the impacts to occur on lower quality wetlands adjacent to cleared, impacted uplands. These wetlands have reduced and degraded functional values to water environment, community structure, and location and landscape support because of its immediate adjacency to existing commercial development subject to frequent landscape maintenance. The applicant then designed the components of the project that pose the greatest risk of environmental degradation to be located farthest away from the wetlands. In addition, to design features that work to avoid and minimize adverse environmental impacts, best management practices (BMPs) will be employed during construction. BMP measures include utilization of grassed slopes and installation of silt fences prior to the start of construction to minimize soil migration from construction areas into the remaining preservation wetlands. Further elimination and reduction places the likelihood of success in meeting the purpose and need in peril. The siting of a large commercial fueling station and convenience store alone dictates wetland impacts due to limitations with access off of Monument Road and McCormick Road and the turning radius of commercial vehicles needed to support the facility.”

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

“Mitigation is being proposed in the form of purchasing 0.55 mitigation bank credits from the Normandy Mitigation Bank (SJRWMD Permit No. MB-031-147864-1 and USACE Permit No. SAJ-2002-07493).”

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.

ENDANGERED SPECIES: The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.

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 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 32232-0019 within 21 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, Brad Carey, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at brad.j.carey@usace.army.mil; or, by telephone at (904) 232-2405.

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.

duval county permit public notice U.S. Army Corps of Engineers USACE