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: City of Jacksonville
Mr. David Hahn
214 North Hogan Street, 10th Floor
Jacksonville, Florida 32202
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands and open water) associated with McGirts Creek. The project site is located at 1172 Halsema Road North, in Section 11, Township 2 South, Range 24 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From downtown Jacksonville travel west on West Beaver Street, then turn right on Halsema Road North. The proposed project site is located at 1172 Halsema Road North.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.335833°
Longitude –81.879262°
PROJECT PURPOSE:
Basic: The basic project purpose is flood control.
Overall: The overall project purpose is to modify stormwater infrastructure and create a new flood compensation area for flood control in the vicinity of Old Plank Road.
EXISTING CONDITIONS: The wetland system within the project site consists of a freshwater mixed forested wetlands and hydric improved pastures. The mixed forested wetland vegetation consists of blackgum (Nyssa biflora), bald cypress (Taxodium distichum), slash pine (Pinus elliottii), saw palmetto (Serenoa repens), netted chainfern (Woodwardia areolata) and Virginia chainfern (Woodwardia virginica). The hydric improved wetland vegetation consists of smartweed (Polygonum punctatum) and cinnamon fern (Osmunda cinnamomea). The existing area surrounding the project area consists of an unnamed tributary to McGirts Creek, forested freshwater wetlands, hydric improved pasture, improved pastures, Old Plank Road, and residential development.
PROPOSED WORK: The applicant seeks authorization to discharge fill material in 5.24 acres of forested freshwater wetlands and 0.03 of herbaceous freshwater wetlands for the construction of a maintenance berm, modify 0.70 acre of wetland-cut ditch and create an 8.52-acre forested wetland for floodwater attenuation.
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 proposes to utilize the existing north-south ditch as much as possible. The north-south ditch would be recontoured and straightened in some areas while continuing to work within the existing drainage easement. The applicant proposes to construct a maintenance berm along the eastern side of the ditch to facilitate routine ditch maintenance. The berm has been sized to accommodate equipment necessary to maintain the conveyance. The forested wetland floodwater attenuation area was sited based on the proximity to the drainage easement, Jacksonville-Baldwin Rail Trail, and to maximize city owned property.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
As compensatory mitigation for 5.24 acres of forested wetland impact, 0.70 acres of wetland-cut ditch impact and 0.03 herbaceous wetland impact, the applicant proposes to grant a conservation easement to the St. Johns River Water Management District encumbering the proposed 8.52 acre forested wetland creation area. The forested wetland creation area will be planted with native tree and herbaceous species. Additionally, mitigation bank credits will be purchased from Loblolly 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.
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 the St. Johns 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 Jacksonville Permits Section, P.O. Box 4970, Jacksonville, FL 32232 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, Shannon White, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, FL 32232; by electronic mail at shannon.c.white@usace.army.mil; or, by telephone at (904) 232-1681.
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.