Public Notice Notifications

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SAJ-2024-00622 (SP-TMM)

Jacksonville District
Published May 23, 2024
Expiration date: 6/24/2024

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:  Modwelling, LLC

Attention: Mr. Sead Hadzic

4800 Beach Boulevard, Suite 1

Jacksonville, Florida 32207


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Pottsburg Creek.  The project site is located at the intersection of Beach Boulevard and the western shore of Pottsburg Creek, in Section 52, Township 2 South; Range 27 East, Jacksonville, Duval County, Florida.


Directions to the site are as follows:  From downtown Jacksonville, take I-95 east and exit onto Atlantic Boulevard. Veer southeast onto Beach Boulevard. Travel east until reaching Pottsburg Creek, 0.43-mile east of Parental Home Road. The site is adjacent to the western bank of parental home road.


APPROXIMATE CENTRAL COORDINATES:         Latitude        30.288065°

                                                                                 Longitude -81.571247°




Basic:  The basic project purpose is residential housing.


Overall:  The overall project purpose is residential development in the Arlington area of Jacksonville, Duval County, Florida.


EXISTING CONDITIONS: The wetland system consists of palustrine forested wetlands landward of the high tide line, adjacent to the tidal Pottsburg Creek. The existing area surrounding the project area consists of Beach Boulevard and the Jacksonville Humane Society to the south, an RV dealership to the west along with restaurants and gas stations along Beach Boulevard, and the tidal Pottsburg Creek to the east with a bridge crossing the creek. There is existing rip rap located on the western bank of Pottsburg Creek within the project boundary.


a. Soils: The Soil Survey of City of Jacksonville, Duval County, Florida (U.S. Department of Agriculture, Natural Resources Conservation Service 1998) indicates that the property contains two types of soil as depicted on Figure 4 and described below.


    i. Evergreen-Wesconnett complex, depressional, 0 to 2 percent slopes: The northern portion of the property (approximately 0.22 acre) is mapped as Evergreen-Wesconnett complex, depressional, 0 to 2 percent slopes. This mapping unit comprises a mixture of Evergreen fine sand and Wesconnett fine sand. In an undisturbed condition, both of these soils are nearly level, very poorly drained and occur in forested wetlands. In an undisturbed condition both soils have a seasonal high water table at or above the ground surface for extended periods of time. Evergreen fine sand contains a surface layer of muck ranging from 8 to 16 inches in thickness and also contains a layer of dark colored, weakly cemented sand known as a spodic horizon that starts within 50 inches of the ground surface. Wesconnett fine sand may have a surface layer of muck that is less than 8 inches in thickness and also has a spodic horizon that generally starts within 30 inches of the ground surface. The actual extent of these soils on the subject property is not accurately mapped based on a site inspection. The onsite wetlands comprise a relatively narrow band along the eastern property boundary.


    ii. Urban land-Hurricane-Albany complex, 0 to 5 percent slopes: The southern portion of the property (approximately 1.10 acres) is mapped as Urban land-Hurricane-Albany complex, 0 to 5 percent slopes. This mapping unit comprises a mixture of Urban land, Hurricane fine sand and Albany fine sand. In an undisturbed condition Hurricane fine sand and Albany fine sand are nearly level to gently sloping, somewhat poorly drained and occur on upland rises and knolls. Urban land occurs in areas that have already been developed. Albany fine sand has a seasonal high water table that is generally at a depth of 12 to 30 inches below the ground surface. This soil has a layer of fine sandy loam to sandy clay loam known as an argillic horizon that starts from 40 to 80 inches below the ground surface. Hurricane fine sand has a seasonal high water table that is generally at a depth of 24 to 42 inches below the ground surface. This soil has a spodic horizon that starts between 51 and 79 inches below the ground surface.


b. Existing Site Conditions: The existing site conditions have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) as depicted on Figure 5 and described below.


    i. Temperate Hardwoods (FLUCFCS 425) 0.83 acre: The property previously had been developed as a single family lot. The northern end of the site contains the concrete foundation of a house. The property also has old piles of dirt and concrete rubble. The U.S. Geological Survey quadrangle map for this area shows two structures onsite, so there may have been a second residence or an outbuilding located closer to Beach Boulevard. The property has been abandoned for many years and has naturally revegetated. The canopy is dominated by such species as live oak (Quercus virginiana), laurel oak (Q. laurifolia), water oak (Q. nigra), sweetgum (Liquidambar styraciflua), southern magnolia (Magnolia grandiflora), cabbage palm (Sabal palmetto), and southern red cedar (Juniperus silicicola). The shrub layer and ground cover are dominated by seedlings and saplings of the canopy species as well as Carolina laurel cherry (Prunus caroliniana), greenbriar (Smilax sp.), muscadine grape (Vitis rotundifolia), blackberry (Rubus sp.), and bracken fern (Pteridium aquilinum).


    ii. Wetland Forested Mixed (FLUCFCS 630) 0.09 acre: The eastern edge of the property contains relatively small areas of seepage slope wetland. The vegetation in these areas includes such species as elderberry (Sambucus nigra), laurel oak, cabbage palm, and wax myrtle (Myrica cerifera). The ground elevations in these wetland areas are generally 3 to 4 feet above the mean high water elevation of Big Pottsburg Creek. The wetlands are not subject to regular inundation from the creek but are rather hydrated from ground water seepage from the adjacent uplands.


PROPOSED WORK:  The applicant seeks authorization to place 96.8-cubic-yards of clean fill into 0.03-acre of waters of the United States (palustrine forested wetlands adjacent to tidal) for the construction of a multi-family apartment complex. The proposed work would include a bulkhead retaining wall, parking and roads all placed landward of the high tide line.


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 could not be completely avoided due to the size and shape of the property, the configuration of the wetlands and the configuration of the proposed apartment buildings. Wetland impacts were minimized in the following ways. The apartment buildings will be 2 and 3 stories to minimize the footprint of each building. The stormwater pond will be installed under the parking lot. A retaining wall will be constructed along the waterward side of the project to minimize wetland fill impacts. A minimum amount of wetland fill is still required between the bulkhead and the buildings in order to ensure the structural integrity of the building foundations over time. Eliminating all wetland impacts would require moving the apartments farther away from the eastern boundary which would eliminate parking places and, thereby, reducing the number of apartment units that could be built according to the City building code. A reduction in the number of apartment units would put the project in jeopardy of being financially unfeasible.”


COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:


“Fill impacts are proposed to 0.03 acre of seepage slope wetlands. Mitigation for these impacts will be provided by purchasing credit from a mitigation bank that serves this area.”


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.




The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana) based on the Wood Stork Key. Therefore, no additional consultation is required.


The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi) based on the Eastern Indigo Snake Key. Therefore, no additional consultation is required.


The Corps has determined the proposal would have no effect on the Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), West Indian Manatee, green sea turtle, hawksbill sea turtle, leatherback sea turtle, loggerhead sea turtle, Red-cockaded Woodpecker, Whooping Crane, or any other listed threatened or endangered species or designated critical habitat.


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 as there is no in water work. 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, address at the letterhead above, 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 concerning this application should be directed to the project manager, Terri M. Mashour, in writing at the Jacksonville Permits Section, address at the letterhead above; by electronic mail at; or, by telephone at (904) 251-9179. 


ADDITIONAL INFORMATION:  After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time.  Final determination regarding legal action will be made after review of the project through the permit procedure. 


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.