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: KB Home
Attn: Mr. Wes Hinton
10475 Fortune Parkway, Suite 100
Jacksonville, Florida 32256
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Durbin Creek. The project site is located east of U.S. Highway 1 (Philips Highway), Duval County Property Appraiser Parcel Identification Number 168143-0000, in Sections 33, 34, and 48, Township 4 South, Range 28 East, Jacksonville, Duval County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.116425°
Longitude -81.486757°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the establishment of a residential development serving southeast Jacksonville and north-central St. Johns County.
EXISTING CONDITIONS: The property is currently undeveloped timberland. The owner/timber-rights holder harvested most of the trees within the past 5 to 10 years. There is an unpaved road extending through the site that serves as access for a number of residential parcels located north of the property. The project site encompasses five vegetative communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). The upland communities are Pine Flatwoods (FLUCFCS code 411), Trail Road (FLUCFCS code 814), Hydric Pine Flatwoods (FLUCFCS code 625), Slash Pine Swamp (FLUCFCS code 627), and Upland-cut Ditches (FLUCFCS code 510).
Pine Flatwoods: Almost all of the uplands onsite comprise pine flatwoods. The canopy and subcanopy are dominated by slash pine (Pinus elliottii) mixed with scattered hardwoods such as water oak (Quercus nigra) and southern magnolia (Magnolia grandiflora) and an understory and ground cover dominated by such species as saw palmetto (Serenoa repens), bitter gallberry (Ilex glabra), and bracken fern (Pteridium aquilinum).
Trail Road: An unpaved road extends through the property from the northeast to southwest. This road provides access to a number of residents located immediately north of the property. The road is lined on either side by sections of ditch. The road has been in place for decades.
Hydric Pine Flatwoods: Most of the wetlands onsite may be characterized as hydric pine flatwoods. Most of the original canopy of slash pine has been timbered. Scattered seed trees have been left. The existing canopy includes scattered slash pine, loblolly bay (Gordonia lasianthus) and red maple (Acer rubrum). The understory and ground cover vegetation include such species as bitter gallberry, fetterbush (Lyonia lucida), wax myrtle (Morella cerifera), cinnamon fern (Osmunda cinnamomea), Virginia chain fern (Woodwardia virginica), beakrush (Rhynchospora spp.), and red root (Lachnanthes caroliniana). Some of the outer fringes also contain such early successional species as blackberry (Rubus sp.) and nuisance invasive species such as Chinese tallow (Sapium sebiferum). These hydric pine flatwoods have a seasonal high water table at or near the ground surface; and, lower areas hold shallow puddled water during the rainy season.
Slash Pine Swamp: The deeper wetlands encompass cut-over slash pine swamp. The existing canopy includes such species as slash pine, red maple, pond cypress (Taxodium ascendens), loblolly bay, and blackgum (Nyssa sylvatica var. biflora). The understory and ground cover vegetation include such species a Virginia chain fern, sphagnum moss (Sphagnum sp.), Virginia willow (Itea virginica), and buttonbush (Cephalanthus occidentalis). These areas regularly hold shallow standing water during the rainy season.
Upland-cut Ditches: The existing trail road is lined with sections of upland-cut road side ditch. These areas are vegetated with wax myrtle and an occasional coastal plain willow (Salix caroliniana).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 3.43 acres of wetlands and 0.17 acre of ditches to 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 applicant expressed the opinion that the project could not totally avoid work affecting the wetlands, as the project must incorporate an entrance road that meets safety standards for emergency vehicles and resident access/egress. The applicant also expressed an opinion that the work affecting wetlands is the minimum necessary to establish the access/egress road and sufficient residential parcels to generate a reasonable economic return on the project.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
As compensatory mitigation, the applicant would purchase 2.02 credits from a federally approved mitigation bank with a service area encompassing the 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:
Wood Stork (Mycteria americana): The project site is approximately 7.5 from the Dee Dot Ranch (594004) colony; and, within the Core Foraging Areas of each of that colony. Therefore, this species might utilize the project site. The project would affect less than 0.5 acre of suitable foraging habitat for Wood Storks. In consideration of this information, the Corps utilized 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, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect. The FWS previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for Wood Storks; and, that no additional consultation is necessary.
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 proposal would not affect marine and/or estuarine habitat. Our initial determination is that the proposed action would not have an adverse impact on EFH or federally managed fisheries in Durbin Creek or downstream waters. 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 Corps has verified the jurisdictional line.
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 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, Mark R. Evans, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at mark.r.evans@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028.
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.