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: Carriere Family Limited Partnership
Attention: William Carriere
6520 Ft. Caroline Road
Jacksonville, Florida 32277
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Puckett Creek. The project site is located on Highway A1A between the Tidewater at Atlantic Beach Apartments and Beach Preserve Way, in Section 37, Township 2 South, Range 29 East, Atlantic Beach, Duval County.
Directions to the site are as follows: From downtown Jacksonville, take the Mathews Bridge east, continue east on Atlantic Boulevard and cross the Intracoastal Waterway. Travel north on Mayport Road. Veer northwest onto Highway A1A. The site will be on your left immediately north of Beach Preserve Way.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.360709°
Longitude -81.419731°
PROJECT PURPOSE:
Basic: The basic project purpose of to construct multi-family housing.
Overall: The overall project purpose is to construct housing and associated infrastructure in Atlantic Beach, Duval County, Florida.
EXISTING CONDITIONS:
a. The project site is 7.12 acres. The wetland system consists of a salt marsh, palustrine forested wetlands, and open water pond. The site is undeveloped, but bordered on the east by Highway A1A and on the south by a multi-family residential development. The site is bordered on the west by Puckett Creek.
b. Soils: According to the Soil Survey of City of Jacksonville, Duval County, Florida (U.S. Department of Agriculture-Natural Resource Conservation Service) the following soil types are mapped within the project area: Leon fine sand (Soil Identification Number 32); Tisonia mucky peat, very frequently flooded (68); and Urban land-Leon-Boulogne complex (71).
c. Habitats in the project area were classified in accordance with the Florida Department of Transportation’s Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
i. Hardwood-Conifer Mixed (FLUCFCS 434 – 3.90 acres) – On-site uplands contain a canopy of slash pine (Pinus elliottii), live oak (Quercus virginiana), red cedar (Juniperus virginiana) and laurel oak (Quercus laurifolia). Groundcover vegetation includes cabbage palm (Sabal palmetto), broomsedge (Andropogon virginicus), bracken fern (Pteridium aquilinum), and bitter gallberry (Ilex glabra).
ii. Upland Cut Ditch (FLUCFCS 511 - 0.3 acre) – There are two areas of non-wetland waters (surface waters).
iii. Wetland Forested Mixed (FLUCFCS 630 - 0.39 acre) – Canopy and subcanopy vegetation within these wetlands include red maple (Acer rubrum), bald cypress (Taxodium distichum), tupelo (Nyssa biflora), and sweetgum (Liquidambar styraciflua). Groundcover species include fetterbush (Lyonia lucida), bitter gallberry, softrush (Juncus effusus), Virginia chainfern (Woodwardia virginica), netted chainfern (Woodwardia areolata), and cinnamon fern (Osmunda cinnamomea).
iv. Saltwater Marsh (FLUCFCS 642 – 2.50 acres) – This classification describes portions of the site located adjacent to the creek. Vegetation in this area includes, black needlerush (Juncus gerardii), saltmarsh cordgrass (Spartina altterniflora), saltbush (Baccharis halimifolia), and marsh elder (Iva imbricata).
PROPOSED WORK: The applicant seeks authorization to discharge approximately 500 cubic yards of clean fill material into 0.055 acre of palustrine forested wetlands and a 0.255 acre of non-wetland waters (other Waters of the U.S.) , for a total of 0.31 acre of fill impacts, for the construction of a multi-family residential development with associated access, stormwater and infrastructure facilities. The proposed access road crossing would include installation of two (2) 10’ by 7’ box-culverts with riprap stabilization and scour protection.
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:
“Wetland impacts were only considered after a lengthy process of review. Proposed wetland impacts were reduced to the maximum extent possible while maintaining an economically viable project.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Wetland compensation in the form of the purchase of 0.042 UMAM credits from a federally-approved 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. Wood Stork- The Corps has determined the proposed project is not likely to adversely affect the Wood Stork (Mycteria americana). The project site is within approximately 10 miles from the St. Augustine Alligator Farm, 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.
b. 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.
c. The Corps has determined the proposed project may affect, but is not likely to
adversely affect the Eastern Indigo Snake (Drymarchon corais couperi). The Corps
evaluated potential impacts to the eastern indigo snake using the Eastern Indigo Snake
Programmatic Determination Key 2013. Use of this key resulted in the sequential
determination A > B > C > Not Likely to Adversely Affect due to the project area having no gopher tortoises, no burrows, holes, cavities, or other refugia where a snake could be buried or trapped, and due to the permit verification being conditioned for the use of the USFWS’s Standard Protection Measures For The Eastern Indigo Snake during site
preparation and project implementation. In consideration of the key sequence,
additional coordination with the USFWS is not required. The USFWS previously
indicated that they concur with determinations of not likely to adversely affect based on
that key; and, that no additional consultation is 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. The proposal would impact approximately 0.31 acres of waters of the U.S. upstream and inland of tidal wetlands and waters utilized by various life stages of Summer Flounder, Shrimp, Snapper-Grouper and Blue Fish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in a Puckett 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 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 concernig this application should be directed to the project manager, Tracy D. 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.
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.
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.