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.

SAJ-2017-02161 (SP-SCW)

Published July 3, 2018
Expiration date: 7/18/2018
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) as described below:

APPLICANT:  Southeast Development Partners LLC
                       Attn: Mr. Mark Harris
                       1029 Elysium Boulevard
                       Mount Dora, Florida 32757

WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Turnbull Creek. The project site is located west of FL-16, in Sections 26, 34, 35 and 36, Township 6 South, Range 28 East, St. Augustine, St. Johns County, Florida.

Directions to the site are as follows: From Jacksonville Florida travel south on Interstate 95. Take exit 318 for FL-16 towards Green Cove Springs and travel north on FL-16. The proposed project site is located approximately 2.2 miles north on FL-16 on the western boundary of FL-16.

APPROXIMATE CENTRAL COORDINATES:  Latitude 29.940242°
                                                                          Longitude -81.458453°

PROJECT PURPOSE:

Basic: The basic project purpose is a mixed-use (commercial and residential) development.

Overall: The overall project purpose is to construct a mixed-use development in St. Johns County, Florida.

EXISTING CONDITIONS: The proposed project site is 523 acres in size. The proposed project site contains the following Florida Land Use, Cover and Forms Classification System (FLUCFCS): Residential Low Density (FLUCFCS code 110), Improved Pasture (FLUCFCS code 211), Pine Flatwoods (FLUCFCS code 411), Lakes Less Than 10 Acres (FLUCFCS code 524), Stream and Lake Swamps (FLUCFCS code 615), Wetland Coniferous Forests (FLUCFCS code 620), Wetland Forested Mixed (FLUCFCS code 630), Vegetated Non-Forested Wetlands (FLUCFCS code 640), and Roads and Highways (FLUCFCS code 814). The site is bordered to the west by Turnbull Conservation Area and Turnbull Creek, to the north and east by State Road 16, and to the south by Star 4 Mitigation Bank.

PROPOSED WORK: The applicant seeks a 10-year authorization to discharge fill material over 6.19 acres of forested freshwater wetlands, 4.30 acres of wetland-cut ditches, and 2.22 acres of proposed non-jurisdictional freshwater wetlands for the construction of a phased mixed-use development with associated stormwater and roadway infrastructure.

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 stated, “During the alterative analysis, several design elements and considerations were utilized to avoid and minimize wetland impacts to the greatest extent practicable in the currently proposed project design. Wetland impacts have primarily been limited to the more disturbed outer fringes and narrow wetland fingers rather than the higher quality communities. Impacts associated with fill for residential lots were minimized by limiting those impacts to the lower quality fringes of the larger contiguous systems and utilizing the existing geometry of the wetland systems in the development of the project layout. Due to the irregular nature of the wetland limits along these systems and the development setback requirements of St. Johns County, some impacts to small points and fingers along the wetland fringe is unavoidable”.

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

The applicant proposes to preserve 70.64 acres of wetlands located within the project area and immediately adjacent to the project area; and, would purchase federal mitigation bank credits.

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 proposed project is not likely to adversely affect the Wood Stork. Pursuant to Section 7 of the Endangered Species Act, impacts to the threatened Wood stork were evaluated using 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 in Central and North Peninsular Florida, September 2008 (Key). Use of this Key resulted in sequential determination A > B > C not likely to adversely effect. Through the programmatic concurrence, this determination requires no further consultation with the U.S. Fish and Wildlife Service.

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. Our initial determination is that the proposed action would not have a substantial 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. An approved jurisdictional determination is currently being reviewed 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, P.O. Box 4970, Jacksonville, FL 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, Shannon White, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232; by electronic mail at shannon.c.white@usace.army.mil; or, by telephone at (904) 232-1681.

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.