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: Jacksonville Transportation Authority
Attention: Angie Williams
100 Lavilla Center Drive
Jacksonville, Florida 32204
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands and surface waters) associated with the tidal Pablo Creek. The project is located along San Pablo Road in Sections 25, 36, 38, Township 2 South, Range 28 East and Sections 49, 0, 30, Township 2 South, Range 29 East, Jacksonville, Duval County, Florida.
Directions to the site from Jacksonville are as follows: Take the Matthew’s Bridge east and travel east on Arlington Expressway. Veer off onto Atlantic Boulevard and travel east. At the intersection of Atlantic Boulevard and San Pablo Road, take a right onto San Pablo Road and travel south. The project begins almost immediately, at the intersection of Bamboo Drive and San Pablo Road, and extends approximately 2.42 miles south along San Pablo Road, ending at the intersection of Beach Boulevard and San Pablo Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.304230°
Longitude -81.443923°
PROJECT PURPOSE:
Basic: The basic project purpose is linear transportation improvements.
Overall: The overall project purpose is to construct roadway improvements along San Pablo Road.
EXISTING CONDITIONS: San Pablo Road, between Atlantic Boulevard and Beach Boulevard, is a two lane roadway. The length of the road is bordered by residential development and a small portion is bordered on the east by City of Jacksonville’s Castaway Island Preserve. The project site encompasses many community types characterized by the Florida Land Use, Cover and Forms Classification System, Level III (FLUCCS, FDOT, 1999). The area consists of 5.70 acres characterized as 172 Religious, 0.99 acres are characterized as 411 Pine Flatwoods, 0.14 acres are characterized as 511 Upland Cut Ditch, 0.87 acres are characterized as 534 Dry Reservoir Less Than 10 Acres, 2.65 acres are characterized as 630 Wetland Forested Mixed, and 23.20 acres are characterized as 814 Roads and Highways. The following are wetland impacts proposed along the road.
Wetland Impact 1 (Impact Map Section A): Wetland Fill #1, 0.91 acres of wetland fill in an area classified as 630 Wetland forested mixed.
Wetland Impact 2 (Impact Map Section A): Wetland Dredge, 1.655 acres of wetland dredge in an area classified as Dry reservoir less than 10 acres.
Wetland Impact 3 (Impact Map B): Upland Cut Ditch Fill #1, 0.019 acres of wetland fill in an area classified as upland cut ditch.
Wetland Impact 4 (Impact Map C): Upland Cut Ditch Fill #2, 0.033 acres of fill in an area classified as upland cut ditch.
Wetland Impact 5 (Impact Map C): Upland Cut Ditch Fill #3, 0.013 acres of fill in an area characterized as upland cut ditch.
Wetland Impact 6 (Impact Map D): Upland Cut Ditch Reshaping, 0.028 acres of impact in an area characterized as upland cut ditch.
Wetland Impact 7 (Impact Map D): Upland Cut Ditch Fill #4, 0.016 acres of impact in an area characterized as upland cut ditch.
Wetland Impact 8 (Impact Map D): Upland Cut Ditch Fill #4, 0.008 acres of impact in an area characterized as upland cut ditch.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 0.98 acre of waters of the United States (wetlands adjacent to tidal waters), impact 1.655 acres through dredging in waters of the United States (wetlands adjacent to tidal waters), impact 0.147 acre of upland cut ditch (surface waters adjacent to tidal waters), as well as temporarily impact 0.008 acre waters of the United States (wetlands adjacent to tidal waters) and temporarily impact 0.008 acre in upland cut ditch (surface water adjacent to tidal). The project would result in a total of 2.798 acres of impacts. The proposed project involves road widening, culvert extensions, sidewalk installation, a new stormwater pond, and various other related stormwater improvements. 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:
Impacts to wetlands have been avoided and minimized to the fullest extent practicable. Wetland impacts will only be incurred to extend one existing culvert and to expand an existing stormwater pond. Construction will adhere to standard Best Management Practices to protect the water quality of downstream systems.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The Uniform Mitigation Assessment Method (UMAM) was used to assess the wetlands that will be affected by the project. The UMAM study is included in the permit application. This study indicates that 1.59 units of functional loss will be incurred by the permanent fill and dredge impacts that will be incurred by this project. The remaining types of impacts will either be to upland-cut ditches (which do not require mitigation), or will be activities that will not result in the permanent discharge of fill material in wetlands (temporary work). There will be 0.01 credit purchased from St. Marks Pond Mitigation Bank and 1.58 credits purchased from Greens Creek Mitigation Bank.
CULTURAL RESOURCES: The Corps executed a Resources at Risk (RAR) report. The RAR indicated that a Cultural Resource Assessment Survey (CRAS) may be required. 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:
a. Eastern Indigo Snake (Drymarchon corais couperi): Eastern indigo snake frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Additionally, the nearest sighting of an eastern indigo snake was within 2.3 miles of the project site. Therefore, this species could utilize the project site. In consideration of the potential presence of eastern indigo snake habitat, 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 not likely to adversely affect, as there are no known gopher tortoise burrows located on site and the permit authorization would be conditioned with the Standard Protection Measures for the Eastern Indigo Snake, dated August 12, 2013. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
b. Wood Stork (Mycteria americana): The project site is within the Jacksonville Zoo and Gardens, Pumpkin Hill, Cedar Point Road, and Dee Dot Ranch Wood Stork Colonies. Therefore, this species could utilize the project site. The stork uses freshwater and estuarine wetlands as feeding, nesting, and roosting sites. Storks feed primarily on small fish in calm, uncluttered water depths between 2- to 15-inches deep. Generally, drying marshes, stock ponds, shallow roadside or agricultural ditches, narrow tidal creeks or shallow tidal pools, depressions in cypress swamps or sloughs provide the ideal feeding habitat. Most nesting colonies in the southeastern U.S. are located in woody vegetation over standing water or on islands surrounded by broad expanses of open water, including areas that have been impounded by man-made structures. The majority of the work proposed occurs in upland cut ditch; and, the project would affect more than 0.5 acre of suitable foraging habitat for this species. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service (FWS), 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-C-D-E-not likely to adversely affect as the project would provide suitable foraging habitat compensation within the service area of a FWS approved wetland mitigation bank, preferably within the core foraging area, is not contrary to the FWS’s Habitat Management Guidelines for the Wood Stork In the Southeast Region, and is in accordance with the Clean Water Act Section 404(b)(1) guidelines. The FWS previously indicated that they concur with determinations of not likely to adversely affect based on the key for Wood Storks; and, that no additional consultation is necessary.
c. Red-Cockaded Woodpecker (Picoides borealis): This project is within the Red-Cockaded Woodpecker consultation area and is within 3.5 miles of the nearest Red-Cockaded Woodpecker nesting cavities; 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 along a roadway, there is no habitat maintained via prescribed fire, red-cockaded woodpeckers are not likely to be found on site; therefore, the Corps has determined there to be no effect on this species.
The Corps executed a Resources At Risk (RAR) report on April 4, 2020. 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 project does not affect any areas designated as EFH. Our initial determination is that the proposed action would not have an impact 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.