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SAJ-2019-02314 (SP-BJC)

Published Dec. 11, 2019
Expiration date: 12/31/2019

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) as described below:

APPLICANT:  Atlee Development Group, Inc.
                       Attn: Mr. Kenyon Atlee
                       5851 Timuquana Road, Suite 301
                       Jacksonville, Florida 32210

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Cedar Creek. The project site is located near 11699 Duval Road, in Section 49, Township 1 South, Range 26 East, Jacksonville, Duval County, Florida.

Directions to the site are as follows: From Interstate-95 and take Exit 362B. Proceed on Interstate-295 and take Exit 33. Turn left on International Airport Boulevard and proceed until just before Victoria Point Drive and the project site is on the left.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.446676°
                                                                          Longitude -81.687455°

PROJECT PURPOSE:

Basic: The basic project purpose is residential development.

Overall: The overall project purpose is single-family residential development within the geographical area of Northwest Duval County, east of Kings Road and west of Interstate-95.

EXISTING CONDITIONS: The existing vegetative communities and land uses have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS).

1. Uplands 12.96 acres

a. Residential, Low Density (FLUCFCS 110) 0.21 acre: The property owner to the north has been maintaining a small portion of the site along the northern boundary as an extension of their yard. This area apparently had been previously disturbed (used as a staging area) when the subject property was timbered and converted to pine plantation. Subsequently the adjacent owner managed this area as mown yard vegetated with such species as St. Augustine grass (Stenotaphrum secundatum).

b. Pine Plantation (FLUCFCS 441) 12.75 acres: Most of the uplands comprise pine plantation which was planted within the past 8 years. The canopy in the plantation comprises rows of even-aged planted slash pine (Pinus elliottii). Mixed with the pines are scattered young hardwoods that have become established, such as southern magnolia (Magnolia grandiflora), laurel oak (Quercus laurifolia) and water oak (Quercus nigra). The understory and ground cover vegetation is dominated by such species as bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).

2. Wetlands and Other Surface Waters 1.86 acres

a. Ditches (FLUCFCS 510) 0.11-acre upland-cut; 0.09-acre wetland-cut: The property contains a ditch that extends diagonally through the site in a southwest to northeast direction. Portions of the ditch were constructed through uplands, and portions were constructed through wetlands. The ditch only holds water during the rainy season and is otherwise dry.

b. Wet Pine Plantation (FLUCFCS 441W) 0.85 acre: Portions of the property comprise wetland pine plantation. The canopy in these areas consist of rows of even-aged planted slash pine mixed with naturally occurring trees such as myrtle leaf holly (Ilex myrtifolia), dahoon holly (Ilex cassine), and loblolly bay (Gordonia lasianthus). The understory and ground cover vegetation is dominated by bitter gallberry along with such herbaceous species as yellow-eyed grass (Xyris spp.), beakrush (Rhynchospora spp.), cinnamon fern (Osmundastrum cinnamomeum), and various wet grasses.

c. Inland Ponds and Sloughs (FLUCFCS 616) 0.15 acre: The deepest wetland on the property (W4) is located along the northern boundary. The canopy in this area is dominated by pond cypress (Taxodium ascendens). The understory and ground cover vegetation around the perimeter comprises dense fetterbush (Lyonia lucida), while the ground cover vegetation in the center is relatively open. This area regularly contains 12 to 18 inches of standing water in the middle.

d. Wetland Forested Mixed (FLUCFCS 630) 0.66 acre: The remaining wetlands are relatively flat and do not typically hold standing water for prolonged periods of time. The canopy in these areas includes such species as red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), sweet bay (Magnolia virginiana), pond cypress, blackgum (Nyssa sylvatica), and slash pine. The understory and ground vegetation includes such species as bitter gallberry, cinnamon fern, fetterbush, beakrush, and various grasses.

PROPOSED WORK: The applicant seeks authorization to discharge fill material into 0.85-acre of palustrine-forested wetlands and 0.20-acre of relatively permanent waterways to facilitate the construction of a 63-lot single-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:

“The project was designed to avoid and minimize wetland impacts as much as possible while still achieving the overall project purpose and need. Impacts to Wetlands 1A and 1B were avoided except for 0.07-acre of pine plantation along the rear of 3 lots. The alignment of the interior road was shifted to the north to reduce this impact as much as possible while still maintaining the forested buffer required by the local City councilman and neighbors. Impacts to Wetland 2 were completely avoided. Impacts to Wetland 4 were avoided except for the rear of lot 42.”

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

“The proposed impacts have been evaluated pursuant to the Wetland Rapid Assessment Procedure (WRAP) and the Uniform Mitigation Assessment Methodology (UMAM). Mitigation for the proposed impacts will be accomplished through the purchase of credit from a local mitigation bank.”

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 the Red-cockaded Woodpecker (Picoides borealis) and Wood Stork (Mycteria americana) or any other 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 Cedar Creek. 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.