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: Mr. Tom Scholl
Keystone Properties, LLC
1915 Wigmore Street
Jacksonville, Florida 32206
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Long Branch Creek. The project site is located near Evergreen Avenue and Winona Drive in Section 46, Township 2S, Range 27 East, Jacksonville, Florida 32206.
Directions to the site are as follows: From Interstate-95 northbound, take the exit 354A for MLK Parkway (eastbound), travel approx. 0.2 miles and merge onto US-1S and continue onto US-1 ALT S. Take the Phoenix Avenue exit right toward Jaxport Talleyrand Terminal, Turn left onto Phoenix Ave, turn left onto E. 26th S, turn right onto Evergreen Ave and travel approx. 0.25 miles to the site located to the east and west of Evergreen Ave before Winona Dr.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.364123°
Longitude -81.643718°
PROJECT PURPOSE:
Basic: To construct a rail extension.
Overall: To construct a rail extension connecting the existing Keystone Properties, LLC rail to a nearby CSX rail allowing further distribution of materials throughout Florida.
EXISTING CONDITIONS: The property has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS).
Mixed Wetlands Hardwoods (FLUCFCS 617) (5.85 acres): This category is reserved for those wetland hardwood communities which are composed of a large variety of hardwood species tolerant of hydric conditions yet exhibit an ill-defined mixture of species.
Upland Mixed Coniferous Hardwood (FLUCFCS 434) (0.5 acre): This class is reserved for those forested areas in which neither upland conifers nor hardwoods achieve a 66 percent crown canopy dominance.
High Density, 6 or more dwelling units/acre (FLUCFCS 1300) (5.15 acres ): Residential, High Density
PROPOSED WORK: The applicant seeks authorization for the discharge of fill material into 1.528 acres of palustrine forested wetlands and other waters of the U.S. (open tidal waters) for the construction of 1,800 linear feet of rail extension and will include the following:
1) The proposed rail will have a top and bottom width of 22-feet with 15,753 cubic yards of fill that will be stabilized by retaining walls, impacting 0.916 acre of palustrine forested wetlands.
2) The proposed rail will cross Long Branch Creek at two locations and includes the installation of two (2) 10-foot (ft) x 12-ft box culverts. The eastern crossing will impact 0.034 acre of open tidal waters and the western crossing will impact 0.069 acre of open tidal waters. A total of 45,300 cubic yards of riprap rubble will be placed at each crossing. The riprap will result in impacts to 0.133 acres of palustrine forested wetlands and 0.065 acre of open tidal waters at the eastern crossing and 0.209 acre of palustrine forested wetlands and 0.102 acre of open tidal waters at the western crossing. The riprap will stabilize the banks and the creek.
3) Additional impacts include the installation of a temporary construction access road in 0.161 acre of palustrine forested wetlands. The temporary impacts include under-brushing and use of temporary mats. The project also involves secondary impacts to 1.023 acres of freshwater wetlands.
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:
“Several design elements and considerations were utilized to avoid and minimize wetland impacts to the greatest extent practical in the Project design. Careful consideration was given to the sizing and location of Project components to minimize wetland impacts while maintaining necessary requirements to meet Project objectives. The proposed creek crossings and rail path in wetlands were selected based on the minimum impact possible in consideration of rail geometry and available uplands. The rail geometry was an important consideration for the rail design due to constraints with horizontal and vertical tolerances. There is also a minimum clearance required for traffic along Evergeen Avenue to pass under the proposed fill.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The purchase of 0.91 credits from Loblolly Mitigation Bank.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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:
a. The Corps has determined the proposed project may affect the
Green Sea Turtle (Chelonia mydas), Loggerhead Sea Turtle
(Caretta caretta), Leatherback Sea Turtle (Dermochelys coriacea), or its designated critical habitat. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
b. The Corps has determined the proposed project is not likely to adversely affect the Wood Stork (Mycteria americana). The project site is within approximately 2.7 miles from the Jacksonville Zoo Nesting Colony, and, within the Core foraging area of this colony. The work proposed would affect suitable foraging habitat (SFH). 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. Upon Corps receipt of a general concurrence issued by the JAFL through the Programmatic Concurrence on this key, determinations of projects made pursuant to this key require no further consultation with JAFL. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect. 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 key for Wood Storks; and, that no additional consultation is necessary.
c. The U.S. Army Corps of Engineers (Corps) has determined the proposed project may affect but is not likely to adversely affect the West Indian Manatee (Trichechus manatus). The project site is within an area accessible to manatees; therefore, this species may be present at the project site. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, to determine potential effects upon this species. Use of this key resulted in the sequential determination A-B-C-G-H-I-J-L-N-O-P5 May affect, not likely to adversely affect for the multi-family dock. 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 key for manatees; and, that no additional consultation is necessary.
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. The proposal would impact approximately 0.612 acre of open waters utilized by various life stages of summer flounder and bluefish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Long Branch 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 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 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, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Tracy Sanders, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Tracy.d.sanders@usace.army.mil or by telephone at (904) 232-1171.
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 St. Johns River Water Management District.
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.