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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Clay County Engineering and Traffic Operations
Attn: Mr. Richard Smith, Jr.
477 Houston Street, 3rd Floor
Green Cove Springs, Florida 32043
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Mill Log Creek, Pecks Branch, and Peters Creek. The project corridor is located from 2299 Sandridge Road to 3570 Russell Road, Sections 24, 39 and 46, Township 5 South, Range 25 East, Green Cove Springs, Clay County, Florida.
Directions to the site are as follows: From U.S. Highway 17 in Green Cove Springs, Florida proceed north until the intersection of Russel Road and head east. Proceed over the railroad tracks and turn immediately right. Proceed until the intersection of Peters Creek and this is where the project corridor beings.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.033840°
Longitude -81.724518°
PROJECT PURPOSE:
Basic: The basic project purpose is roadway expansion.
Overall: The overall project purpose is the expansion (widening) of the existing roadway from 2299 Sandridge Road to 3570 Russell Road, in Green Cove Springs, Florida.
EXISTING CONDITIONS: The 50.53-acre project site’s existing condition is categorized by the Florida Land Use, Cover and Forms Classification System (FLUCFCS).
a. Wetlands within the project corridor include Mixed Wetland Hardwoods ((FLUCFCS code 617) (2.23 acres)), Wetland Forested Mixed ((FLUCFCS code 630 (1.01 acres)), and Hydric Pine ((FLUCFCS 625 (4.06 acres)). Vegetation in the wetlands included black gum (Nyssa biflora), red maple (Acer rubrum, sweetgum (Liquidambar styraciflua), water oak (Quercus nigra), and slash pine (Pinus elliottii), swamp bay (Persea palustris), musclewood (Carpinus caroliniana), beautyberry (Callicarpa americana) royal fern (Osmunda regalis), cinnamon fern (Osmundastrum cinnamomeum), southern shield fern (Thelypteris kunthii), Virginia chain fern (Woodwardia virginica), wild iris (Iris virginica), lizard’s tail (Saururus cernuus), and dwarf palmetto (Sabal minor).
b. Uplands within project corridor have mostly been developed, or are currently being developed, as Medium Density Residential ((FLUCFCS code 120) (16.75 acres)), Institutional ((FLUCFCS code 170) (0.96 acres)), and Ornamental ((FLUCFCS code 243) (0.53 acres)). Most undeveloped uplands within and adjacent to the project corridor are classified as improved Pasture ((FLUCFCS code 211) (3.329 acres)), Pine Flatwoods ((FLUCFCS code 411) (5.71 acres)), and Coniferous Plantation ((FLUCFCS code 441) (15.57 acres)). Bahia grass (Paspalum notatum) is predominant in the pastures. Small areas of Upland Hardwood Forest ((FLUCFCS code 420) (0.38 acres)), dominated by laurel oak (Quercus laurifolia) and water oak (Quercus nigra), remain.
PROPOSED WORK: The applicant seeks authorization to discharge 3,925 cubic yards of clean fill material into 2.66 acres of palustrine-forested wetlands to facilitate the widening of an existing roadway. In addition, the applicant would discharge dredged material into 4.64 acres of palustrine-forested wetlands to construct a stormwater retention pond for a total amount of 7.3 acres of wetland impacts. Furthermore, the applicant seeks to widen the roadway over two traditional navigable waterways along the project corridor[BMMCUC(1] .
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 proposes the expansion of capacity of an existing roadway corridor; therefore, alternatives are somewhat limited. There is no practical alternative to construction in wetlands as the Project is the widening of an already existing roadway, and measures have been taken wherever possible to minimize harm to wetlands along the Project corridor. Preliminary studies of the Project corridor identified the need to expand from a two-lane rural roadway to a four-lane urban roadway. Subsequent expansion of other roadways and construction of new roadways has decreased some of the capacity issues for Russell Road. The proposed improvements will now take the two-lane rural roadway to a three-lane urban roadway with bike lanes and sidewalks.
The majority of the work will occur within the existing ROW, and Clay County conducted some improvements at Bradley Creek to facilitate a future improvement such as this.
Avoidance and minimization of potential wetland and surface water impacts were incorporated throughout the development of the proposed build alternative alignments, where possible. The Project has been designed to occur within existing ROW, which reduces impacts to adjacent wetlands and surface waters. This plan represents the applicant’s best effort to avoid and minimize impacts to wetlands and surface waters.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Mitigation for unavoidable wetland impacts will be mitigated through the purchase of mitigation bank credits from the Longleaf Mitigation Bank.”
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 eastern indigo snake (Drymarchon corais couperi) and West Indian manatee (Trichechus manatus) or its designated critical habitat using the
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 impact EFH or Federally managed fisheries in the St. Johns River[BMMCUC(2] . 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.
Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.
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 been verified by Corps personnel.
COMMENTS and QUESTIONS to the project manager, Mr. Brad Carey, by electronic mail at Brad.J.Carey@usace.army.mil; or, by telephone at (904) 232-2405.
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.
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.
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: Water Quality Certification may be required from the certifying authority.
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.