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 Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Mr. Keith Edwards
2261 Broad Water Drive
Jacksonville, Florida 32225
WATERWAY AND LOCATION: The project would affect waters of the United States adjacent to Mill Creek. The project site, real estate parcel number 112985-0262, is located at 2261 Broadwater Drive, in the River Cove subdivision, north of Fort Caroline Road and east of Interstate 295, in Section 1, Township 2 south, Range 27 east, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From Interstate 295 exit going east on Merrill Road and drive 0.5 mile. Turn left (north) on Fort Caroline Road. Turn right on Rio Cove Road and then left on Broad water Drive. Proceed 0.16 mile to project site on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.359851°
Longitude -81.547061°
PROJECT PURPOSE:
Basic: The basic project purpose is private, single-family residential development.
Overall: The overall project purpose is to construct a private, single-family residence in north Duval County, Florida.
EXISTING CONDITIONS: The project site consisted almost entirely of waters of the United States. The majority of the wetland comprised seepage slope with elevations ranging from around +9 feet near the upper edge to around +2.5 feet at the lower end. The upper edge of the seepage slope was marginally wet and graded into upland pine forest. The dominant vegetation in much of the seepage slope included such species as loblolly bay (Gordonia lasianthus), blackgum (Nyssa sylvatica), fetterbush (Lyonia lucida), cinnamon fern (Osmundastrum cinnamomeum), and royal fern (Osmunda spectabilis). The portion of the lot below +2.5 feet comprises tidal marsh.
PROPOSED WORK: The applicant seeks authorization to retain and maintain the discharge of fill material in 0.16 acre of waters of the United States in association with the construction of a private, single-family residence.
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:
Since the residential development is complete, the applicant offered nothing specific for avoidance or minimization other than a minimal yard was created.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed to offset wetland impacts with the purchase of Federal credit(s) from an appropriate mitigation bank.
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/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 Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019 within 30 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, Mrs. Dianne Griffin, in writing at the Enforcement Section, Post Office Box 4970, Jacksonville, Florida; by electronic mail at Dianne.S.Griffin@usace.army.mil; by facsimile transmission at 904-232-1904 or, by telephone at 904-232-3697.
ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.
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 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.