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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-2005-06779 (SP-MRE)

Posted: 11/28/2017

Expiration date: 12/13/2017


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: CBCP Rolling Hills Landco, LLC
                      720 Glorietta Boulevard
                      Coronado, California 92118

WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Bradley Creek, a tributary of Black Creek. The project site is located south of Sandridge Road (County Road 739B) and east of Bradley Creek in Sections 22 and 27, Township 5 South, Range 25 East, Clay County, Florida.

APPROXIMATE CENTRAL COORDINATES: Latitude 30.033981°
                                                                         Longitude -81.786974°

PROJECT PURPOSE:

Basic: The basic project purpose is residential construction.

Overall: The overall project purpose is the completion of previously authorized work, which is associated with the establishment of a residential subdivision serving northeast Clay County.

PROJECT HISTORY: On September 5, 2006, the Corps authorized the discharge of fill material over a total of 3.17 acres of wetlands to facilitate the establishment of a residential subdivision identified as Rolling Hills. On August 24, 2011, the Corps extended the authorization period of the permit. On July 15, 2013, the Corps again extended the authorization period of the permit. However, the permittee did not complete the authorized work prior to the expiration of the permit. The permittee did implement some of the authorized work and did complete the compensatory mitigation associated with the overall project.

EXISTING CONDITIONS:

The original permittee completed the majority of the work associated with the development of the northern and eastern regions of the overall project site (i.e., infrastructure, utilities, and residences). That permittee initiated, but did not complete, work in the central section of the property (much of this area has been cleared of canopy and scrub/shrub vegetation and the locations of future roadways are evident). The permittee, however, apparently did not initiate work in the southern and southwestern sections of the site.

The southern and southwestern upland sections of the site are connected by an unimproved trail road that spans a wet prairie community and a wetland forested mixed community. Vegetation in the wet prairie community includes dog fennel (Eupatorium capillifolium), blackberry (Rubus spp.), maidencane (Panicum spp.), Chinese tallow (Sapium sebiferum L.), soft rush (Juncus effuses), and Bahia grass (Paspalum notatum). Vegetation in the wetland forested mixed community includes sweet gum (Liquidambar styraciflua), loblolly bay (Gordonia lasianthus), red maple (Acer rubrum) and slash pine (Pinus elliottii).

PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 2.60 acres of wetlands and 0.13 acre of surface waters (ditches) to finish the development of the property. The majority of the work proposed is associated with the establishment of the site infrastructure (roadways and utility corridors).

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:

Wetlands separate developable uplands in the southern and southwestern regions of the property. To access those developable uplands, the site infrastructure must traverse those wetlands. Therefore, the total avoidance of work affecting wetlands is not practical. The work proposed augments existing trail roads and is the minimum necessary to establish infrastructure that fulfills requisite safety standards. In conjunction with the work proposed, and to further minimize adverse impacts to the remaining wetlands, the applicant would augment the nominal existing pipe culverts associated with the trail roads through the installation of additional box culverts. The installation of these larger box culverts would improve the hydrologic connection between the wetlands that are located to the north and south of the proposed roadways.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

The original permittee implemented all of the compensatory mitigation associated with the initial Department of the Army permit. Therefore, the current applicant did not propose additional compensatory mitigation.

CULTURAL RESOURCES: In conjunction with the original evaluation of work proposed at the site, the Corps determined that the project would not adversely affect any historic property. The Corps has not received any information that contravenes that original determination; and, concludes that the work proposed would not adversely affect any historic property.

ENDANGERED SPECIES: During the evaluation of the original permit application, the U.S. Fish and Wildlife Service (FWS) did not indicate that the project would adversely affect any federally listed species; and, concurrently, the Corps determined that the project would not affect federally listed species. However, since that original evaluation, the Corps and the FWS compiled The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013 (Key). Although the applicant would implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013, use of the Key produces the sequence A-B-C-D-may affect, due to the presence of over 80 acres of xeric habitat and the previous identification of over 60 gopher tortoise (Gopherus polyphemus) burrows. In consideration of the Key and the subsequent determination sequence, the Corps will initiate formal consultation with the FWS pursuant to Section 7 of the Endangered Species Act through separate correspondence.

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 project would not affect estuarine or marine habitats. Our initial determination is that the proposed action would not adversely affect 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. However, the Corps previously verified the extent of Federal jurisdiction at the site.

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 15 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.

Clay County permit public notice U.S. Army Corps of Engineers USACE