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: W.R. Howell Company, Inc.
Attn: Mr. William Howell
2955 Hartley Road, Suite 108
Jacksonville Florida, 32257
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with the Ortega River. The project site is located southeast of the intersection of Sandler Road and Old Middleburg Road, at 6403 Old Middleburg Road, in Section 21, Township 03 South, Range 25 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From Interstate-295 take Exit 16 onto FL-134, turn west onto 103rd street, left onto Old Middleburg Rd South, the property is on the left.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.2315°
Longitude - 81.8047°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the establishment of a single-family residential subdivision serving southwest Duval County (Jacksonville).
EXISTING CONDITIONS: The project site encompasses seven vegetative community types listed within the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). These communities are Residential, Low Density (FLUCFCS code 110), Improved Pasture (FLUCFCS code 211), Pine Flatwoods (FLUCFCS code 411), Pine Plantation (FLUCFCS code 441), Upland-cut Ditch (FLUCFCS code 511), Hydric Pine Flatwoods (FLUCFCS code 625), and Wetland Forested Mixed (FLUCFCS code 630). Vegetation in each of these communities is typical for the communities identified.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 0.37 acre of wetlands and 0.38 acre of ditches supporting wetlands. The work would facilitate the establishment of a residential subdivision.
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 original site plan included 169 single family lots. The original wetland delineation work for this property depicted a very small amount of jurisdictional wetlands in the northeast corner of the site that was presumed to be readily permittable.
The wetland boundaries were re-delineated and reviewed and approved by the Corps in the field on July 11, 2017. As a result of this work, the wetland area in the northeast corner of the property increased in size. The permit applicant redesigned the project to eliminate 4 lots in the northeast corner that were located entirely in wetlands. A copy of this revised site plan was subsequently submitted to the Corps for review and comment.
The Corps has since requested that all lot fill be eliminated, which effects lots 154 and 155. The permit applicant has eliminated lot 154 and has adjusted the eastern boundary of lot 155 to eliminate all lot fill. The remaining wetland impact (0.37 acre) is required to construct the storm water treatment pond for the entire subdivision. This impact area is located along a drainage ditch and is partially drained and also contains a storage shed. The ecological quality is degraded. The other proposed impacts are to upland-cut man-made drainage ditches that begin in upland pastures.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposed the purchase of credit(s) from Greens Creek Mitigation Bank. The applicant has not finalized the compensatory mitigation proposal, which would include a functional analysis report and a specific amount (number) of credits proposed.
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:
Red Cockaded Woodpecker (Picoides borealis) – The project site is approximately 16.06 miles from the nearest identified nest or cluster location for Red Cockaded Woodpecker; 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. Further, as significant forested habitat is located near the project site, it is likely that this species would only opportunistically forage at the site, which the development of the site would not preclude. Therefore, the Corps has determined that the work proposed 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Ortega 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. The jurisdictional line has 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 Permits Section, Jacksonville Permits Section, Post Office 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, Danielle D’Amato, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by telephone at (904) 232-2166, or by electronic mail at Danielle.S.D’Amato@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.