Public Notice Notifications

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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-2015-00462 (SP-PRJ)

Published Aug. 26, 2020
Expiration date: 9/16/2020

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:  Jaehong Jeon
                      1722 Hammock Circle West
                       Jacksonville, Florida 32225

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Pablo Creek. The project site is located at Latitude 30.2951°, Longitude 30.2951°, 0 Aldea Cove Drive, in Section 31, Township 2 South, Range 29 East, Jacksonville, Duval County, Florida.

Directions to the site are as follows: Traveling from downtown Jacksonville take Interstate 95 (I-95) south to State Road 202/Butler Boulevard. Turn east onto SR-202 and continue east to the San Pablo Road exit. Turn north onto San Pablo Road and follow San Pablo Road to Aldea Cove Drive. Turn east onto Aldea Cove Drive. The project site is at the end of the cul-de-sac at Aldea Cove Drive.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.2951°
                                                                          Longitude -81.4364°

PROJECT PURPOSE:

Basic: The basic project purpose is housing.

Overall: The overall project purpose is the construction of a private-single family residence in eastern Duval County.

EXISTING CONDITIONS: The project site is located in a residential development known as Aldea at San Pablo. The proposed residential lot would be located at the end of the cul-de-sac. The 0.32-acre parcel consists of 0.05 acre of upland and 0.27 acre of wetlands. The 0.27 acre of wetland is composed of mixed forested wetlands and mixed forested hardwoods. The mixed forested wetlands community consists of blackgum, loblolly bay, red maple, and scattered slash pine. The ground cover in this area includes royal fern, Virginia chain fern, duckweed, and sphagnum moss. The mixed forested hardwood community consists of water oak, laurel oak, red maple, sweet gum, air potato, elderberry, dwarf bluestem, cinnamon fern, fetterbush, and Virginia willow. The parcel includes previously authorized fill material that is associated with the construction of the Aldea at San Pablo development, see project history below. The parcel is bordered to the north by Castaway Island Preserve, to the east by wetlands, and to the south and west by residential development.

PROJECT HISTORY: The project site is located in a residential development known as Aldea at San Pablo. On May 26, 2015, a Department of the Army (DA) permit was issued to Oakridge Landing Development, LLC, authorizing impacts to 0.07 acre of waters of the United States (Palustrine forested wetlands) in association with the construction of a 9-lot residential development. In accordance with the 404(b)(1) Guidelines of the Clean Water Act (33 U.S.C. §1344), the applicant designed the subdivision to avoid and minimize wetland impacts. In doing so, the applicant avoided 1.94 acres of higher quality forested wetlands and designed 9 single-family lots and a stormwater pond. The applicant stated that the construction of 9 single-family lots made the project economically feasible. The current applicant is proposing impacts to the higher quality forested wetlands that were avoided in the original authorization.

PROPOSED WORK: The applicant seeks authorization to place 0.08 acre of fill material in waters of the United States (Palustrine forested wetlands) in association with the construction of a private single-family residence located within the Aldea at San Pablo subdivision. The applicant also proposes to construct a pile-supported deck alongside the house. The proposed work involves impacts to the higher quality wetlands that were avoided in the original authorization for the Aldea at San Pablo subdivision in accordance with the 404(b)(1) Guidelines of the Clean Water Act (33 U.S.C. §1344). The proposed work would require a modification to the DA permit for Aldea at San Pablo to include the proposed impacts.

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 revised the proposed site plan to minimize wetland impacts and reduced the impacts to 0.08 acre of wetland impacts.

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 federal mitigation bank credits from St. Johns Mitigation Bank (SAJ-2008-04783).

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 would have no effect on the Wood Stork (Mycteria americana). Since the proposed work is located within the Core foraging area for the Wood Stork, the Corps evaluated the potential impacts to the Wood Stork 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 (Wood Stork Key). Use of the Wood Stork Key resulted in the following sequence: A > B > No effect to the Wood Stork, with no further consultation with the U.S. Fish and Wildlife required.

The project site is approximately 3 miles from the nearest identified nest or cluster location for Red Cockaded Woodpecker (Picoides borealis); and, within the consultation area identified by the U.S. Fish and Wildlife Service (FWS) and the Corps for this species. Therefore, Red Cockaded Woodpecker 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, therefore the Corps determined that the proposed work would have no effect on the Red Cockaded Woodpecker.

The Eastern Indigo Snake (Drymarchon corais couperi) frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. In consideration of the potential presence of eastern indigo snake habitat, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the following sequence: A > B > C > Not likely to adversely affect (NLAA) the Eastern Indigo Snake since the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013, would be included in any permit issued for the proposed work. No further consultation with FWS is required for determinations of NLAA.

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 Pablo 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 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 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 electronic mail at paula.r.johnson@usace.army.mil or by telephone at (904)232-2503.

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.