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Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

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Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

SAJ-2006-05109 (SP-MRE)

Published Oct. 4, 2018
Expiration date: 10/19/2018
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:  Mr. Anthony Goria
                       2160 Autumn Cove Circle
                       Fleming Island, Florida 32003

WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Little Black Creek. The project site is located on the northwest side of State Route 21 (Blanding Boulevard), east of Brannan Field Road, south of Old Jennings Road, at 1716 Blanding Boulevard (Clay County Property Appraiser Property Identification Number 32-04-25-008102-005-00), in Section 32, Township 4 South, Range 25 East, Middleburg, Clay County, Florida.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.108232°
                                                                          Longitude -81.826105°

PROJECT PURPOSE:

Basic: The basic project purpose is commercial development.

Overall: The overall project purpose is the establishment of the final portion of a commercial complex serving northern Middleburg and southern Orange Park.

EXISTING CONDITIONS:

The project site is the final 1.88-acre parcel associated with a previously approved commercial development plan (Department of the Army permit SAJ-2006-05019, issued on October 16, 2008). However, the permittee did not implement the authorized work prior to the expiration of the permit.

The Florida Land Use, Cover, and Forms Classification System (FLUCFCS) characterizes the wetlands encompassed by the 1.88-acre project site as Wetland Forested Mixed (FLUCFCS code 630) and Wet Prairie (FLUCFCS code 643). Vegetation in these systems is typical for the referenced FLUCFCS codes. The wetlands drain into a large, deep swale near the north of the property. This swale supports wetlands and continues to the north where it connects to an unnamed tributary of Little Black Creek.

PROPOSED WORK: The applicant seeks re-authorization to discharge clean fill material over a total of 1.88 acres of wetlands. The work proposed would facilitate the establishment of a previously authorized commercial development.

AVOIDANCE AND MINIMIZATION INFORMATION: The applicant did not re-submit information regarding avoidance and minimization; however, referenced the avoidance and minimization information associated with the original Department of the Army permit issuance, which the Corps previously evaluated and deemed sufficient.

COMPENSATORY MITIGATION: In conjunction with the original permit action, the applicant purchased mitigation bank credits from the Loblolly Mitigation Bank for all of the previously authorized work affecting wetlands. Therefore, the applicant noted that compensatory mitigation for the work now proposed has been implemented.

CULTURAL RESOURCES: The Corps previously evaluated the work proposed at this site and determined that the work had no potential to affect any historical or cultural resource listed, or eligible for listing, in the National Register of Historic Places.

ENDANGERED SPECIES: The Corps previously evaluated any potential effect to listed threatened or endangered species or designated critical habitat; and, determined that work at the site would have no effect on any listed threatened or endangered species or designated critical habitat. The Corps has not discovered or received any information that contravenes that previous determination.

ESSENTIAL FISH HABITAT (EFH): The Corps previously determined that work proposed at the project site would not affect marine or estuarine habitat nor EFH. The Corps has not discovered or received any information that contravenes that previous determination.

NOTE: This public notice is being issued based on information associated with the original permit application evaluation; and, recent information furnished by the applicant. The recent information submitted by the applicant has not been specifically verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The Corps previously verified the extent of wetlands encompassed by the project site; and, has not received any information that would lead the Corps to alter the verified delineation.

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 15 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.