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 as described below:APPLICANT: Stacey Road, LLC
Mr. Donald Moran
111 Solana Road, Suite B
Ponte Vedra Beach, Florida 32082
WATERWAY AND LOCATION: The affected waters of the United States (wetlands) are associated with Pablo Creek. The project site is located at 0 Stacey Road, in Section 29, Township 3 South, Range 29 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From Interstate-95 take Exit 9 towards Jacksonville Beach, Florida. Proceed until the Exit onto San Pablo Parkway and turn left (north). Proceed until the intersection of Sam Yepez Road and turn right. Take the next right on San Pablo Road. Proceed until the intersection of Stacey Road and turn left. Proceed until the intersection of Keys Drive and turn left. The project site is on the left side of Keys Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.271420°
Longitude -81.426146°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is single-family residential development on the parcel at 0 Stacey Road, Jacksonville, Florida.
EXISTING CONDITIONS: The 5.68-acre property is characterized by two generalized vegetative communities per Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida Department of Transportation, State Topographic Bureau, Thematic Mapping Section, 1999)].
- Sand Live Oak (FLUCFCS code 432) – This 0.15-acre community is found along the eastern site boundary and near the center of the site in small upland islands. The
vegetation in this community consisted of several sand live oak (Quercus geminata) in the subcanopy along the western site boundary, wax myrtle
(Morella cerifera) in the shrub stratum, and beach sunflower (Helianthus deibilis), American beachgrass (Ammophila breviligulata), straw-colored flatsedge
(Cyperus strigosus) and in the groundcover stratum. This community wasmdominated by amberique-bean (Strophostyles helvula) near the center of the site.
- Saltwater Marshes (FLUCFCS code 642) – This 5.53-acre community is found throughout the site and is lacking a canopy stratum. The vegetation in the understory and groundcover of this community consisted predominately of smooth cordgrass (Spartina alterniflora), black needle rush (Juncus roemerianus), saltbush (Baccharis halimifolia), sea-oxeye daisy (Borrichia frutescens) and a few black mangroves (Avicennia germinans).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material into 0.16-acre of saltwater marsh to facilitate the construction of a ~2,358 square feet 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 project area contains +/- 5.53-acres of ACOE jurisdictional wetlands. The applicant
proposes approximately 0.16-acres of wetland impacts for the placement of one (1) single family home. Efforts have been made in planning the proposed home to eliminate and reduce developmental impacts to wetlands where possible. These efforts include utilizing all the identified uplands on site as well as placing the proposed home as close as possible to the existing road to minimize impacts made by the result of a longer driveway. Furthermore, the applicant is proposing the use of stem wall and fill construction in order to reduce the overall grading footprint of the site. The applicant acknowledges there may be alternative designs to minimize impacts which include the construction of a second floor in place of a larger ground floor footprint. Although it is also necessary to take in consideration the applicant’s needs. Currently the applicant is paraplegic who utilizes a manual wheelchair in everyday life. Many of the peers and colleagues of the applicant also utilize power wheelchairs. The applicant proposes to construct a single-story home that has been elevated for two main reasons. The reasons include having adequate ground floor elevation to manage the risk of the home and wheelchair accessible vehicles from being flooded during storm events. Secondly, a fully accessible single-story built home that does not rely on an elevator or other lifts which are subject to lose power during storm events. Please see the attached letter from the applicant in regard to the requests. In summary, CES believes the applicant has avoided and minimized wetland impacts to the greatest extent practicable.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To offset the 0.16-acres of direct wetland impacts, the applicant proposes to purchase 0.13 UMAM credit from an approved mitigation bank. Upon agreement of the mitigation plan, the applicant will provide ACOE with a reservation of credit letter. Please see the attached UMAM sheet.”
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 U.S. Army Corps of Engineers (Corps) has determined the project may affect but is not likely to adversely affect the Wood Stork (Mycteria americana), and the eastern indigo snake (Drymarchon corais couperi) or its designated critical habitat. The Corps used, 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, and The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013 to develop these determinations. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the programmatic keys; and, that no additional consultation is necessary.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within Pablo 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.
Navigation: The proposed 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 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, 701 San Marco Boulevard, Jacksonville, Florida 32207-8175 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, Mr. Brad Carey, in writing 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.
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 State of Florida.
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.