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. Dean Shelton
67 S. Roscoe Blvd Property, LLC
220 Ponte Vedra Park Drive, Suite 220
Ponte Vedra Beach, Florida 32082
WATERWAY AND LOCATION: The project would affect wetlands determined to be waters of the United States that are associated with the Intracoastal Waterway. The project site is located at 67 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: Traveling from Jacksonville take Interstate 95 south to Florida 202 (FL-202) east. Turn east onto FL-202 and follow to Florida A1A (FL-A1A). Turn south onto FL-A1A and follow to Solana Road. Turn west onto Solana Road and follow to Roscoe Boulevard. Follow Roscoe Boulevard to the project site located at 67 South Roscoe Boulevard.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.16703°
Longitude -81.39874°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is to construct a private single-family residence along the Intracoastal Waterway in northeastern St. Johns County.
EXISTING CONDITIONS: The project site is located in a residential area along Roscoe Boulevard in northeast St. Johns County. The project site is bordered to the west by Roscoe Boulevard, to the east by the Intracoastal Waterway, to the south by a single-family residence, and to the north by a vacant single-family parcel. The 1.05 acre project site is a vacant parcel that consists of 0.71 acre of wetland situated in the center of the parcel and 0.34 acre of upland situated along the eastern and western edges of the parcel. The waterward edge of the parcel has an existing bulkhead. The on-site wetland consists of the following vegetative community types as classified by the Florida Department of Transportation Florida Land Use, Cover and Forms Classification System (FLUCCS): Hardwood Conifer Mixed and Wetland Scrub. No threatened or endangered species were observed during the site survey.
PROPOSED WORK: The applicant seeks authorization to place fill material in 0.71 acre of waters of the United States in association with the construction of a private single-family residence.
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 0.71 acres of impacts shown are necessary for the viability of the proposed project. The water quality of any off-site wetlands adjacent to impact areas will be protected from construction impacts using silt fences along the margin of the development area.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to purchase federal mitigation bank credits as compensatory mitigation for impacts to on-site wetlands.
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
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. Since the proposed work is located within the Core foraging area for the Wood Stork, the Corps evaluated the potential impacts to the Wood Stork using 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 (Wood Stork Key). Use of the Wood Stork Key resulted in the following sequence: A > B > No effect to the Wood Stork, with no further consultation with the U.S. Fish and Wildlife required.
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.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
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, P.O. Box 4970, Jacksonville, Florida 32232-0019 within 15 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, Ms. Paula R. Johnson, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at paula.r.johnson@usace.army.mil; or, by telephone at (904)232-2503.
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.
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.
WATER QUALITY CERTIFICATION: This public notice serves as the notification to the EPA pursuant to section 401(a)(2) of the Clean Water Act. Water Quality Certification is required from the Florida Department of Environmental Protection.
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.