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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-2009-00985 (SP-MRE)

Posted: 2/13/2018

Expiration date: 3/6/2018


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 as described below:

APPLICANT:  Map Fashions, LLC
                       3412 Russet Place
                       Tampa, Florida 33610

WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) adjacent to, and hydrologically connected to, Blockhouse Creek, which is a tributary to Trout River. The project site is located at 10903 Lem Turner Road (Duval County Parcel Identification Number 020592-0020), in Section 10, Township 1 South, Range 26 East, Jacksonville, Duval County, Florida.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.433820°
                                                                          Longitude -81.694876°

PROJECT PURPOSE:

Basic: The basic project purpose is commercial development.

Overall: The overall project purpose is the establishment of a commercial complex serving the north-central region of the inner-core of the City of Jacksonville.

EXISTING CONDITIONS:

Soils: According to the Soil Survey of City of Jacksonville, Duval County, Florida (U.S. Department of Agriculture – Natural Resource Conservation Service, 1998), three soil types are present at the site. These soil types are Albany fine sand (2), Surrency loamy fine sand, depressional (66), and Urban land (69).

Vegetation: The project site encompasses two vegetative communities identified using the Florida Department of Transportation Florida Land Use, Cover and Forms Classification System (FLUCFCS, 1999). These communities are Pine Flatwoods (FLUCFCS code 411) and Wetland Forested Mixed (FLUCFCS code 630).

The Pine Flatwoods community supports a canopy dominated by slash pine (Pinus elliottii). The understory includes saw palmetto (Serenoa repens), gallberry (Ilex glabra), and shiny blueberry (Vaccinium myrsinites) and a very sparse herbaceous layer generally supporting bracken fern (Pteridium aquilinum) and roughhair witchgrass (Dichanthelium strigosum).

The Wetland Forested Mixed community supports a canopy dominated by laurel oak, red maple (Acer rubrum), slash pine, sweet bay (Magnolia virginiana), and scattered sweet gum (Liquidambar styraciflua). The understory includes saplings of the above canopy species, fetterbush (Lyonia lucida), and wax myrtle (Myrica cerifera) with an herbaceous stratum dominated by cinnamon fern (Osmunda cinnamomea), royal fern (Osmunda regalis), Virginia chain fern (Woodwardia virginica), and netted chain fern (Woodwardia areolata).

PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 1.24 acres of wetlands to establish a commercial center, parking, and an associated stormwater management system.

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 indicates that he was unable to identify an alternate site that fulfilled project-specific requirements while avoiding impacts to waters of the United States. The applicant also indicates that he was unable to identify an appropriately sized and geographically situated parcel that would allow construction of the proposed project with less adverse impact to waters of the United States, considering the nature of the project. The applicant selected this site because of its proximity to existing infrastructure and established residential areas, which facilitate use of the proposed development. The applicant claims that access to major transportation networks allows efficient traffic flow and that traffic generated by the proposed project would not exceed the capacity of existing roadways in the area.

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

The applicant’s ecological consultant completed a Uniform Mitigation Assessment Method (UMAM) functional assessment of the project, which calculates the wetland functional loss associated with the work proposed as 0.91 units. In consideration of that UMAM, the applicant would purchase 0.91 credits from a federally approved mitigation bank that serves the project area as compensatory mitigation for the work proposed. The applicant did not identify the mitigation bank from which he would purchase credits.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. However, the applicant provided a copy of correspondence from the State Historic Preservation Office (SHPO), dated December 1, 2017, which indicated that the project was not likely to have an effect on historic properties. 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:

Wood Stork (Mycteria americana): The project site is approximately 3.5 miles from the Jacksonville Zoo Wood Stork Colony and approximately 13.5 miles from the Pumpkin Hill (594105) Wood Stork colony; and, within the Core Foraging Areas of these colony. Therefore, Wood Stork could utilize the project site. However, the project would not affect suitable foraging habitat for Wood Stork. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-no effect. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of no effect based on the key for Wood Storks; and, that no additional consultation is necessary.

Red Cockaded Woodpecker (Picoides borealis) – The project site is within a consultation area identified by the Corps and the FWS for Red Cockaded Woodpecker. Therefore, this species 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. Further, as other forested habitat is located near the project site, it is likely that this species would only opportunistically forage at the site, which the proposed development of the site would not preclude. Therefore, the Corps concludes that the project would have no effect on this species.

The Corps executed a Resources At Risk (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 project would not affect marine or estuarine habitat. Therefore, the Corps’ initial determination is that the proposed action would not affect EFH or federally managed fisheries in the Trout River or 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: The Corps is issuing this public notice based on the information furnished by the applicant. The Corps has not verified or evaluated the information to ensure compliance with laws and regulation governing the regulatory program. Corps personnel, however, have verified the jurisdictional line.

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 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: 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, 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.
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duval county Jacksonville District permit public notice U.S. Army Corps of Engineers USACE