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. Bob Hahnemann
1242 Salt Creek Island Drive
Ponte Vedra, Florida 32082
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Intracoastal Waterway. The project site is located at 104 South Roscoe Boulevard, in Section 42, Township 4 South, Range 29 East, Ponte Vedra Beach, St. Johns County, Florida.
Directions to the site are as follows: From Interstate-95 take Exit 344 and head east. Proceed until the south exit for A1A. Proceed until the intersection of Solana Road and turn right. Proceed and the roadway becomes Roscoe Boulevard. Proceed until the intersection of Palm Valley Woods Drive and the project site is located approximately 500 feet past this intersection on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.163309°
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is single-family residential within the Landrum Middle School geographical district.
EXISTING CONDITIONS: The project site encompasses a generalized land use/cover type identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
a. Low Density Residential (FLUCFCS 110) – The majority of the project site has been utilized as a single-family residence with associated barns and sheds.
a. Upland Cut Ditches (FLUCFCS 510) – These areas help to drain the upland areas but are not cut through wetland areas.
b. Upland Cut Borrow Areas (FLUCFCS 524) – These areas have been excavated in upland areas and do not connect to downstream waters.
c. Wetland Forested Mixed (FLUCFCS 630) – This community has a mixed canopy slash pine, dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). The understory and groundcover are vegetated with fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum), Virginia chain fern (Woodwardia virginica), and pipewort (Eriocaulon sp.).
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 1.56 acres of freshwater-forested wetlands to facilitate a 15-lot single-family residential development and stormwater retention pond.
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:
“The project site contains +/- 3.61 acres of ACOE jurisdictional wetlands. The proposed site plan necessitates the fill/dredge of 1.56 acre of wetlands for the placement of lot fill and stormwater pond. The site plan was designed to minimize impacts to these wetlands while maintaining an economically viable project. The project engineer was challenged to design a project, which did not impact the onsite conservation easement (southwest corner), yet maintained large estate sized lots (lots 1.0 acre or larger). The applicant performed a market study to determine that estate lots were in demand and is explained more in the pro forma. To demonstrate the need for the wetland impacts, the applicant has prepared a pro forma, which demonstrates the jurisdictional wetland impacts are needed to make the project viable from an economic standpoint.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To offset the 1.56 acres of freshwater forested wetland impacts, the applicant proposes to purchase 0.99 UMAM credits from an ACOE permitted mitigation bank which serves the project area for which a permit is sought.”
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 proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana), or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. In addition, the Corps has determined the proposal would have no effect on the Red-cockaded Woodpecker (Picoides borealis) or its 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 Intracoastal Waterway. 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 email@example.com; 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.