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: David West
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 (wetlands) associated with Bulow Creek. The project is located in Sections 20, 21, 28, and 29, Township 12 South, Range 31 East, Flagler County, Florida.
Directions to the site are as follows: From Jacksonville, take Interstate-95 south to SR 100. West on SR 100 to Seminole Woods Boulevard. South on Seminole Woods to Grand Landings Parkway. West on Grand Landings Parkway to So. Coopers Hawk. South on So. Coopers Hawk to site.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.439704°
Longitude -81.185383°
PROJECT PURPOSE:
Basic: The basic project purpose is a residential development.
Overall: The overall project purpose is a residential housing development to support the growing population in the Palm Coast, Flagler County region of Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The project site encompasses two types of wetland vegetative communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
The majority of the on-site jurisdictional wetlands consist of Hydric Coniferous Plantations (441H). This wetland type is dominated by planted slash pine (Pinus elliottii), Virginia chain fern (Woodwardia virginica), broomgrass (Andropogon spp.), and gallberry (Ilex glabra). This habitat type is highly disturbed by multiple cycles of ground preparation, planting, and timber harvesting.
Areas of wetlands occupying the lowest elevations of the site are classified as Wetland Forested Mixed (630). This wetland type is disturbed by silviculture to a lesser extent. Dominant species include slash pine, red maple (Acer rubrum), cypress (Taxodium spp.), Virginia chain fern, and cinnamon fern (Osmunda cinnamomea).
The existing area surrounding the project site comprise of the following: to the north, south and south west lie undeveloped property; to the northwest and west are residential single-family neighborhoods; and to the east and southeast is Seminole Woods Boulevard.
PROJECT HISTORY: On 9 September 2005, a nationwide permit was issued to fill 0.39 acre of wetlands for Phase 1, modified in January 2006 to add 0.08 acre of wetland fill impact for a total of 0.48 acre of wetland fill impact. On 31 March 2017, a nationwide permit was issued to fill 0.01 acre of wetlands for Phase 3A. The total wetland fill for the project history is 0.49 acre.
PROPOSED WORK: The applicant seeks a 10-year authorization to construct a single-family residential development in multiple phases. The proposed construction for Phases 3B and 3C will impact 0.49 acre of wetlands, which will leave Phases 4, 5 and 6 for future construction impacting approximately 6.74 acres of wetland fill.
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:
Several design elements and considerations were utilized to avoid and minimize wetlands impacts to the fullest practicable extent in the currently proposed project design. Careful consideration was given to the extent and location of the site plan components to minimize wetland impacts while maintaining necessary requirements to meet project objectives.
Wetland quality was also taken into consideration when avoidance and minimization measures were evaluated for this project. The project site consists of uplands and wetlands that have been consistently disturbed over many years by silvicultural practices. The majority of the on-site wetlands have been significantly degraded by these activities. Proposed impacts are limited to small depressional wetlands in the northeastern portion of the site, two areas in the central portion of the site that are needed for ditch improvements, and a wetland crossing to the south. The remainder of 14.13 acres of on-site wetlands will remain undisturbed by the proposed project.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Impacts to wetlands were assessed utilizing the Uniform Mitigation Assessment Method (UMAM). The proposed project will incur approximately 0.49-acre of wetland impacts and require 0.30 UMAM credit from a federally approved mitigation bank within the service area of the proposed project site.
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.
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 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 yet 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, 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, Johnet Mask, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at johnet.k.mask@usace.army.mil; by facsimile transmission at (904-232-1904); or, by telephone at (904)232-3358.
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.