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SAJ-2019-04064 (SP-TMM)

Published March 4, 2020
Expiration date: 4/3/2020

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:  Becknell Services, LLC
                       Attn: J. Mark Shapland
                       424 South 1st Avenue, Suite D
                       Lyons, Illinois, 60534

WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) hydrologically connected to Six Mile Creek, which flows into the Ribault River, a tidal river that flows into the St. Johns River. The project site is located adjacent to the east side of Prichard Road, in Sections 31 and 6, Township 1 and 2 South, Range 25 East, Jacksonville, Duval County, Florida.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.349707°
                                                                          Longitude -81.837064°

PROJECT PURPOSE:

Basic: The basic project purpose is commercial development.

Overall: The overall project purpose is to construct a commercial development in western Duval County, Florida.

EXISTING CONDITIONS: The 171.1 acre undeveloped project area consists of approximately 25.68 acres of wet coniferous plantations, 15.94 acres of wetland forested mixed, 128.6 acres of coniferous plantation, and 0.88 acre of roads. The site is adjacent to Carey State Forest on a portion of the southwest side and the western boundary is adjacent to Pritchard Road. The north and eastern boundaries are in wetlands and planted pine. The southwest corner is pasture with rural residences.

PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 2.93 acres of waters of the United States for commercial development. Best management practices would be required in project construction.

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:

Due to the size and shape of the property and the low quality of these wetlands, complete avoidance and minimization of wetland impacts is not practical. The proposed impacts are necessary in order to achieve the overall project purpose and goals. In addition, due to the project requirements, it will not be possible to supply upland buffers in all areas. All prudent and necessary steps will be taken during construction, and for the duration of the project, to ensure that no adverse impacts to water quality, quantity, hydroperiod, and habitat will occur. This may include, but not be limited to, siltation curtains or hay bales as necessary.

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

To compensate for the proposed impacts, the applicant proposes a mitigation plan including the purchase of 2.93 freshwater credits from Longleaf Mitigation Bank.

CULTURAL RESOURCES: The Corps is not aware of any cultural or historical resources on the site. In January 2011, the State Historic Preservation Office reviewed the site and determined that no significant archaeological or historical resources are recorded within the project area and that due to the location and/or nature of the project, it is likely that any such site would be affected. 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 Project Area.

ENDANGERED SPECIES:

Wood Stork (Mycteria americana): The project site is 11.87 miles west of the Jacksonville Zoo and Gardens Wood Stork Nesting Colony; therefore, the project area is within the 13 mile Woodstork Nesting Colony Buffer. However, work proposed would not directly impact Wood Stork suitable foraging habitat. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A > B > no effect. In consideration of the key sequence, additional coordination with the U.S. Fish and Wildlife Service is not required.

Red-Cockaded Woodpecker (Picoides borealis): This project is within the red-cockaded woodpecker consultation area; however, the project would not affect suitable habitat for the woodpeckers. According to US Fish and Wildlife Service (USFWS), red-cockaded woodpeckers inhabit open, mature pine woodlands that have a diversity of grass, forb, and shrub species. They generally occupy old growth longleaf pine in north and central Florida that have undergone heart wood rot that make for soft pecking to create their nest cavities. The habitat maintenance depends on prescribed fire for maintaining open, park-like conditions and so wild fires to not kill rare old growth longleaf pine. Due to this project being located in planted slash pine, and the closest Red-Cockaded Woodpecker activity being almost 6 miles northwest of the property, red-cockaded woodpeckers are not likely to be found on site; therefore, the Corps has determined there to be no effect on this species.

Eastern Indigo Snake (Drymarchon corais couperi): Eastern indigo snake frequents several habitats found on site, including pine flatwoods and hardwood conifer mixed; therefore, the species could be found on site. In consideration of this information, the Corps utilized the Eastern Indigo Snake Effect Determination Key, August 2013, to determine potential effects upon this species. Use of this key resulted in the sequence A > B > C > D > may affect. In consideration of the key sequence, formal consultation will be conducted with USFWS.

The Corps executed a Resources At Risk (RAR) report on 22 November 2019. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species.

ESSENTIAL FISH HABITAT (EFH): This public notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The property does not host EFH and the Corps has determined there to be no effect on EFH. Our final determination relative to project impacts is subject to review 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 Corps has verified the extent of Federal jurisdiction.

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 within 30 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at terri.m.mashour@usace.army.mil; by facsimile transmission at (904) 232-1940; or, by telephone at (904) 570-4512.

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.