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: JTL Grand Landings Development, LLC
16475 Dallas Parkway, Suite 155
Addison, Texas 75001
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Bulow Creek. The project site is located just west of Grand Landings Parkway and southeast of Citation Boulevard and north of Seminole Woods Boulevard, in Sections 20, 21, 28, and 29, Township 12 South, Range 31 East, Palm Coast, Flagler County, Florida.
Directions to the site are as follows: Traveling from Jacksonville, Florida, take Interstate 95 south to State Road 100 (SR-100). Turn west onto SR-100 and then turn south onto Seminole Woods Boulevard. Then turn west onto Grand Landings Parkway and follow Grand Landings Parkway to the roundabout. The project site is located just west of the roundabout.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.441705°
Longitude -81.197618°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the expansion of a residential development in southeast Flagler County.
EXISTING CONDITIONS: The project site consists of the following communities as classified by the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS): Coniferous Plantations, Hydric Coniferous Plantations, and Forested Mixed. The Coniferous Plantations community is dominated by slash pine planted in rows, saw palmetto, bracken fern, and gallberry. This site has been disturbed by the repeated planting and harvesting of pines. Pines were harvested in some portions of the property as recently as fall 2018. The Hydric Coniferous Plantations community is dominated by planted slash pine, Virginia chain fern, broomgrass, and gallberry. This habitat type is highly disturbed by multiple cycles of ground preparation, planting, and timber harvesting. Some portions of the site were harvested as recently as fall 2018. The Forested Mixed community has been disturbed by silviculture. The dominant species in this area include slash pine, red maple, cypress, tupelo, Virginia chain fern, sawgrass, and cinnamon fern. This phase of the project is bordered by Grand Landings development to the east, Citation Boulevard to the north, Seminole Woods Boulevard to the south, and undeveloped land to the west.
PROPOSED WORK: The applicant seeks a modification to the existing Department of the Army permit for the Grand Landings Development. The applicant proposes to place fill material in 1.74 acres of waters of the United States, to excavate 0.25 acre of wetland, and to fill 0.56 acre of ditch, in association with the construction of Phase 4 of the development. The applicant received a Nationwide Verification on September 12, 2005, to fill 0.39 acre of waters of the United States in association with the construction of Phase 1 of the development. Then on January 19, 2006, the applicant received a permit modification to increase the wetland impact to a total of 0.48 acre. On March 22, 2018, the applicant received a standard permit to impact additional phases of the development, impacting an additional 0.49 acre of fill material in waters of the United States. The proposed 0.49 acre of impact was advertised on public notice but the total plan of development was not advertised at that time. The total plan of development has potential to impact 9.36 acres of waters of the United States as depicted on the enclosed project drawings. The permit expires on March 22, 2028.
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 proposed impacts for this phase of the development includes impacts for a road crossing and minimal lot grading.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase mitigation bank credits as compensatory mitigation for the proposed impacts to waters of the United States.
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 is not aware of any endangered species in the project area. The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 Bulow Creek. 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 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, P.O. Box 4970, Jacksonville, Florida 32232-0019, 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, Paula R. Johnson, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019; by telephone at (904)232-2503 or by electronic mail at paula.r.johnson@usace.army.mil.
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.