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: Ocean Reef Atlantic Beach, LLC
Attn: Mr. Jeff Klotz
645 Mayport Road, Suite 5
Atlantic Beach, Florida 32233
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Sherman Creek. The project site is located near 2781 Mayport Road, in Section 37, Township 2 South, Range 29 East, Atlantic Beach, Duval County, Florida.
Directions to the site are as follows: From Interstate-95 take Exit 362 or Exit 337 onto Interstate-295 and head east. Proceed until Exit 47 and head east on Monument Road. Proceed until the intersection with County Road 116 and turn right. Proceed until the intersection of Mayport Road and turn right. Proceed for 0.40-mile and project site is on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.364187°
Longitude -81.409895°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is residential development serving personnel of Mayport Naval Station.
EXISTING CONDITIONS: The communities were classified using the Florida Department of Transportation Florida Land Use, Cover and Forms Classification System (FLUCFCS, 1999).
a. Wetland Cut Ditch (FLUCFCS 512): Portions of man-made drainage conveyances were constructed through the wetland in the southeastern portion of the property.
b. Wetland Forested Mixed (FLUCFCS 630): A remnant forested wetland is located in the southeastern portion of the property. The wetland is directly connected to Sherman Creek to the east and a relatively permanent waterway to the south. Vegetation within the wetland includes bald cypress (Taxodium distichum), pond pine (Pinus serotina), red maple (Acer rubrum), cabbage palm (Sabal palmetto), red cedar (Juniperus virginiana), cogon grass (Imperata cylindrica), shield fern (Thelypteris dentata), and netted chain fern (Woodwardia areolata).
c. Vegetated Non-forested Wetlands (FLUCFCS 640): A small depressional wetland is located adjacent to the on-site forested wetland. This area is highly disturbed and is subject to limited ponding due to site improvements. Vegetation within this area includes cogon grass, Virginia chain fern (Woodwardia virginica), beggar ticks (Bidens alba), Carolina willow (Salix caroliniana), and St. Augustine grass (Stenotaphrum secundatum).
d. Inactive Land with Street Patterns but without Structures (FLUCFCS 192)
The majority of the project site consists of roads and land remaining from a former mobile home park. The vegetated upland areas of the property include live oak (Quercus virginiana), laurel oak (Quercus laurifolia), Chinese tallow (Triadica sebifera), paper mulberry (Broussonetia papyrifera), crepe myrtle (Lagerstroemia indica), Spanish bayonette (Yucca aloifolia), and black cherry (Prunus serotina).
PROPOSED WORK: The applicant seeks authorization to discharge clean-fill material into 0.26-acre of palustrine-forested wetlands and 0.27-acre of relatively permanent waterways to facilitate a multiple-family residential development.
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 impacts have been avoided and minimized to the greatest extent practicable while meeting site constraints. The proposed development was cited on the western portion of the site, furthest on-site wetlands and Sherman Creek. In order to construct the development, approximately 0.16-acre of upland-cut ditch will be piped for the construction of a paved driveway connecting the two parcels, parking, and a pedestrian walking path. Because the project is wholly located in an AE flood zone, City of Jacksonville requires the applicant to provide adequate floodplain compensation on-site. In order to achieve the required floodplain compensation volume, the remainder of the on-site uplands and portions of forested wetland will be dredged. The creation of the flood compensation area will alter approximately 0.24 acre of forested wetlands, 0.02 acre of herbaceous wetland, and 0.11 acre of the banks of Sherman Creek.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Compensatory mitigation for unavoidable wetland impacts will be accomplished through the purchase of 0.16 federal mitigation bank credits from a mitigation bank that serves the project area.”
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 tidal estuary. 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, 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.