US Army Corps of Engineers
Jacksonville District

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).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

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-2018-03258 (SP-BJC)

Published Dec. 28, 2018
Expiration date: 1/18/2019

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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT:  New Leaf Communities, LLC
                       Attn: Mr. John Latshaw
                       4348 Southpoint Boulevard, Suite 210
                       Jacksonville, Florida 32216

WATERWAY AND LOCATION: The project site is located at 406 Springbrook Drive, in Section 41, Township 5 South, Range 26 East, Fleming Island, Clay County, Florida. The project would affect waters of the United States associated with the St. Johns River.

Directions to the site are as follows: From Interstate-95 take Exit 337 and head West towards the town of Orange Park. Proceed until Exit 10 and head South towards Fleming Island. Proceed until the intersection of Bald Eagle Road and turn left. Bald Eagle Road dead ends into Pine Avenue and turn right. Proceed until the intersection of Egrets Walk and turn left onto the proposed project site.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.095577°
                                                                          Longitude - 81.695402°

PROJECT PURPOSE:

Basic: The basic project purpose is single-family residential development.

Overall: The overall project purpose is single-family residential development on Fleming Island.

EXISTING CONDITIONS:

Upland Communities

Pine Mesic Oak - The onsite uplands on the majority of the property are dominated by long leaf pine (Pinus palustris), southern magnolia (Magnolia grandiflora), live oak (Quercus virginiana), water oak (Q. nigra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).

Low Density Residential - A single-family residence exists on the riverfront.

Wetland Communities

Wetland Forested Mixed - These wetlands are dominated by slash pine, sweetgum (Liquidambar styraciflua), sweet bay (Magnolia virginiana), and red maple (Acer rubrum). The understory species include fetterbush (Pieris phillyreifolia) and Virginia chainfern (Woodwardia virginica).

Vegetated Non-Forested - The wetland on the riverfront is the mowed and maintained back yard of the single-family residence.

PROPOSED WORK: The applicant seeks authorization to discharge fill material into 1.34-acres of freshwater-forested wetlands to facilitate the construction of 15 single-family residences.

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:

“Wetlands of well below average quality make up proposed +/- 1.31 acres of proposed wetlands impacts. Considering the wetlands location, hydrology, and wildlife function, it is our opinion the value and function the on-site wetlands provide to the surrounding area should be considered minimal at best. The majority of Impact A will result from the entrance road and Impact B will result from the construction of residential lots. Both wetlands are isolated (adjacent) and have no connection off-site. Impact C is currently the mowed and maintained back yard of the existing home. For the project to work financially, the Applicant needs to net 15 lots. Due to the narrow margin associated with this project, the loss of even one lot would render the project unfeasible.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant proposes to obtain 0.43 freshwater-forested credits from Greens Creek Mitigation Bank.

CULTURAL RESOURCES:

The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

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 not 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, Post Office Box 4970, Jacksonville, Florida 32232-0019 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, Brad Carey, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at brad.j.carey@usace.army.mil; or, by telephone at (904) 232-2405.

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.