TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received a request to extend a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: Republic Services, Incorporated
8619 Western Way
Jacksonville, Florida 32256
WATERWAY AND LOCATION: The project site encompasses waters of the United States (wetlands) adjacent to, or hydrologically connected to, St. Marks Pond, which is hydrologically connected to Twelvemile Swamp. The project site is located southeast of, and adjacent to, the existing Republic Services’ Nine Mile Road Construction and Demolition Disposal Landfill, in Sections 9 and 16, Township 6 South, Range 29 East, St. Johns County, Florida. The overall site is approximately 188 acres in size.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.989°
Longitude -81.384°
PROJECT PURPOSE:
Basic: The basic project purpose is institutional development.
Overall: The overall project purpose is the expansion of a landfill facility in St. Johns County.
EXISTING CONDITIONS: The project site encompasses an existing, authorized construction and demolition disposal landfill. Vegetative communities within unutilized areas (areas not already converted to landfill cells), as characterized by the Florida Land Use, Cover and Forms Classification System (FLUCFCS), include slash pine flatwoods (FLUCFCS 411), mixed hardwood wetlands (FLUCFCS 617), mixed wetland conifer/hardwood forest (FLUCFCS 630), wet prairie (FLUCFCS 643), marsh (FLUCFCS 641), ditches (FLUCFCS 511), created cypress wetlands (FLUCFCS 621), and reservoirs of less than 10 acres (FLUCFCS 534).
PROJECT HISTORY: On December 24, 2008, the Corps issued Department of the Army permit SAJ-1997-06279. The permit authorized the discharge of fill material over a total of 9.22 acres of wetlands in conjunction with the expansion of a landfill. The permit limited the final cover of the landfill expansion to 42 acres. On December 18, 2013, the Corps extended the authorization period of the permit to December 24, 2018. On September 23, 2016, the Corps modified the permit and authorized the use of mitigation bank credits as compensatory mitigation for the authorized work. The use of mitigation bank credits replaced onsite wetland creation and preservation in accordance with the Compensatory Mitigation for Losses of Aquatic Resources, Final Rule. The Permittee has purchased all of the required mitigation bank credits for the work authorized.
PROPOSED WORK: The existing facility accommodates construction and debris materials. The need and use of such a facility is unpredictable; and, the Permittee has not needed to implement all of the previously authorized work to expand the facility due to less than expected demand. However, the Permittee expects future need for the facility; and, as such, is requesting a 10-year extension to Department of the Army permit SAJ-1997-06279.
CULTURAL RESOURCES: The Corps previously determined that the project would not affect cultural or historical resources. The Corps has not discovered or received any information that contravenes the Corps’ original analysis.
ENDANGERED SPECIES: The Corps previously determined that the project would not have an adverse effect on federally listed species or critical habitat associated with such species. The Corps has not discovered or received any information that contravenes the Corps’ original analysis.
ESSENTIAL FISH HABITAT (EFH): The Corps previously determined that the project would not have an adverse effect on EFH or federally managed fisheries. The Corps has not discovered or received any information that contravenes the Corps’ original analysis.
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 previously verified the extent of wetlands encompassed by the project site.
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 proposed extension of the existing permit 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 the proposed extension 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.