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.
Mr. William Howell
2955 Hartley Road, Suite 108
Jacksonville, FL 32257
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Lumber Creek. The project site is tax parcel 42-2N-27-0000-0003-0060, located west of the intersection of Harts Road and William Burgess Boulevard, in Section 42, Township 2 North, Range 27 East, Yulee, Nassau County, Florida.
Directions to the site are as follows: From Jacksonville, travel north on Interstate 95, take Exit 373 for Florida 200/Florida A1A, turn east on FL-200, and then right on Harts Road. The proposed project site is located west of the intersection of Harts Road and William Burgess Boulevard.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.618502°
Longitude -81.603016°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is construction of a single-family residential development with associated roadway and stormwater infrastructure in Yulee, Florida.
EXISTING CONDITIONS: The proposed project site is approximately 92 acres in size. The wetlands encompassed by the proposed project site include forested sloughs, hydric pine flatwoods and herbaceous wetlands. The forested sloughs have a canopy dominated by such species as pond cypress (Taxodium ascendens), blackgum (Nyssa sylvatica var. biflora), red maple (Acer rubrum), loblolly bay (Gordonia lasianthus), sweet bay (Magnolia virginiana), and scattered slash pine. The understory and ground cover vegetation tends to be relatively open and is dominated by such species as Virginia chain fern (Woodwardia viginiana), Virginia willow (Itea virginica) and buttonbush (Cephalanthus occidentalis). The hydric pine flatwoods have a canopy dominated by slash pine along with lesser amounts of loblolly bay. The understory and ground cover vegetation are dominated by such species as fetterbush (Lyonia lucida), sweet gallberry (Ilex coriacea) and cinnamon fern (Osmunda cinnamomea). The herbaceous wetlands are dominated by broomsedge (Andropogon virginicus), warty panic grass (Panicum verrucosum), and red root (Lachnanthes caroliniana). The existing area surrounding the project area consists of residential and commercial development, roadways and forested freshwater wetlands.
PROPOSED WORK: The applicant seeks authorization to discharge fill material over 1.4 acres of waters of the United States (wetlands) and 1.37 acre of proposed non-jurisdictional wetlands, to construct a single-family residential development with associated roadway and stormwater infrastructure.
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:
Wetland Impact 1 (0.38 acre) is required for a road crossing to access uplands in the southeast corner of the project site. The road crossing was designed at the narrowest location and will impact an area of herbaceous wetland under a power line. Four wheelers from the surrounding property periodically run vehicles through this area. Dominant plants growing in this impact area include red root, beak rush, yellow-eyed grass, broomsedge, St. Johns wort, and various grasses.
Wetland Impact 2 (0.05 acre) is needed for construction of the berm around the adjacent stormwater pond. The impact area comprises a very small point of bitter gallberry dominated hydric pine flatwood. Reconfiguring the entire pond to avoid this small impact was not practicable.
Wetland Impact 3 (0.02 acre) is needed along the rear of two single family lots. This impact area is very narrow (approximately 10 feet wide) and comprises the upper edge of bitter gallberry dominated pine flatwood.
Wetland Impact 4 (0.42 acre) is required primarily for construction of a stormwater treatment pond and an adjacent road.
Wetland Impact 5 (0.04 acre) is required for a road crossing and comprises the upper edge of bitter gallberry dominated pine flatwood. Due to the configuration of the wetland line and the layout for the multi-family development, it would not be practicable to completely avoid this impact.
Wetland Impact 6 (0.04 acre) is required to construct the adjacent stormwater treatment pond and comprises the upper edge of bitter gallberry dominated pine flatwood. Due to the configuration of the wetland line, it would not be practicable to design the stormwater pond to avoid this impact area.
Wetland Impact 7 (0.01 acre) is required to construct the adjacent cul-de-sac and comprises the upper edge of bitter gallberry dominated pine flatwood.
Wetland Impact 8 (0.34 acre) is required for a road crossing to access uplands in the far southeast corner of the property. This impact area has been partially drained for many years by the ditch along the western edge of the adjacent rail road tracks. The ground cover comprises dense bitter gallberry which grew into the wetland from the adjacent uplands after the ditch was constructed. Rather than attempting to leave a small remnant of this wetland next to the new road, the development plan entails impacting the entire area. Dominant plants growing in this impact area include pond cypress, loblolly pine, water oak, blackgum, sweet bay, bitter gallberry, and cinnamon fern.
Nassau County is requiring the developer to build a recreational trail from the southern boundary of the project south to William Burgess Boulevard. This trail will be 9 feet wide. Construction of this trail will require filling 0.10 acre of bitter gallberry dominated pine flatwood south of the project.
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 to offset any authorized impacts.
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 Nassau 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, Florida 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.