Public Notice Notifications

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SAJ-2019-02665 (SP-ACM)

Jacksonville District
Published July 2, 2024
Expiration date: 7/18/2024

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: Halvorsen Development Corporation 

                       c/o Jeffrey Halvorsen

                       1615 South Federal Highway, Suite 102

                        Boca Raton, FL 33432

              

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Little Black Creek.  The project site is located at the northeast intersection of Old Jennings Road and Tynes Road, in Section 30, Township 4 South, Range 25 East, Clay County, Florida.

 

Directions to the site are as follows:  From intersection with State Road (SR) 23 (First Coast Expressway) drive approximately 0.6 mile west on Old Jennings Road to property located at the northeast corner of the intersection of Old Jennings Road and Tynes Road.

 

APPROXIMATE CENTRAL COORDINATES:         Latitude     30.115553°

                                                                                 Longitude -81.842470°

 

PROJECT PURPOSE:

 

Basic: The basic project purpose is commercial development.   

 

Overall: The overall project purpose is to develop a commercial shopping center containing a grocery store and adjacent retail stores, restaurants, and professional offices to meet local market demand.   

 

EXISTING CONDITIONS:  The existing vegetative communities and land uses have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) as depicted on Figure 4 and described below.

 

A. Uplands 10.64 acres

 

1. Long Leaf Pine-Xeric Oak (FLUCFCS 412) 8.45 acres

 

The western third of the property contains an area of “sandhill” vegetation. This is the highest portion of the property and also contains the better drained soils (Penney fine sand and Albany fine sand). This area may have been managed as unimproved pasture for many years as most of the trees had been harvested decades ago. The existing vegetation includes a canopy of scattered loblolly pine (Pinus taeda), longleaf pine (Pinus palustris) and live oak (Quercus virginiana). The understory and ground cover vegetation is relatively open and includes such species as scattered saw palmetto (Serenoa repens), broomsedge (Andropogon sp.) and bracken fern (Pteridium aquilinum).

 

2. Pine Flatwoods (FLUCFCS 411) 1.50 acres

 

The areas immediately downslope of the sandhill comprise pine flatwoods. These areas may contain a soil like Mandarin fine sand. The canopy includes such species as slash pine (Pinus elliottii), loblolly bay (Gordonia lasianthus) and southern magnolia (Magnolia grandiflora). The understory and ground cover vegetation are relatively dense and include such species as saw palmetto, bitter gallberry (Ilex glabra), and bracken fern.

 

3. Utilities (FLUCFCS 830) 0.69 acre

 

The southern edge of the property includes a strip of mowed land containing underground utilities. The dominant vegetation in this area includes such species as bahia grass (Paspalum notatum).

 

B. Wetlands 1.30 acres

 

The wetlands onsite drain offsite to the northeast and connect to a small unnamed tributary of Little Black Creek.

 

1. Wetland Forested Mixed (FLUCFCS 630) 1.30 acres

 

The canopy along the upper edge of the seepage slope includes such species as pond pine (Pinus serotina), slash pine and loblolly bay. The canopy in the lower areas includes such species as blackgum (Nyssa sylvatica var. biflora), sweetgum (Liquidambar styraciflua), sweet bay (Magnolia virginiana), and tulip poplar (Liriodendron tulipifera). The understory and ground cover vegetation include such species as waxmyrtle (Morella cerifera), fetterbush (Lyonia lucida), bamboo vine (Smilax laurifolia), cinnamon fern (Osmunda cinnmomea), netted chain fern (Woodwardia areolata), royal fern (Osmunda regalis), and Virginia willow (Itea virginica).

 

The ground water in the seepage slope wetland slowly flows across the underlying layer of clayey material in the soil and seeps out of the ground all along the slope.

 

PROPOSED WORK: 

 

The permit applicant is proposing to construct a commercial/office development which would include filling 1.20 acres of wetland. The fill impacts are proposed  to construct the required stormwater treatment ponds and to provide the amount of parking required by local building codes for such commercial uses.

 

The original site plan entailed impacting 2.6 acres of forested wetland (see enclosed permit drawing dated 1/26/20). After consultation with the Corps, the applicant revised the site plan to reduce wetland impacts to 1.20 acres. This equates to a reduction of wetland impacts of almost 54%. One of the commercial parcels along Old Jennings Road was eliminated. The stormwater pond for the grocery store was shifted to the north out of the adjacent wetlands. The uplands at the northern end of the site were also better utilized.

 

A. Grocery Store

 

The main building (anchor tenant) would be a grocery store with a gross size of 51,908 square feet. Attached to the east side of this grocery store would be a retail store (3,600 square feet). Employee parking would be located east of these buildings. Deliveries would be made at the north side of the grocery store where a separate drive and loading bays would be constructed for delivery vehicles.

The parking lot for grocery store customers would be built south of the store and would have 262 parking spaces. The eastern edge of the parking lot and adjacent interior road would require impacting a strip of seepage slope wetland.

 

B. Commercial/Office Building

 

A commercial/office building would be constructed at the northern end of the property. The building would be 13,800 square feet in size and would be bordered on all sides by parking (231 parking spaces) and an interior driveway. No wetland impacts would be required for this portion of the development.

 

C. Retail/Restaurant Buildings

 

One retail/restaurant building would be built along Old Jennings Road. This building would be 5,000 square feet in size with adjacent outdoor dining areas for restaurant use. Parking would be to the north and would include 52 parking spaces. The eastern end of this parking lot would require filling the upper edge of the adjacent seepage slope wetland.

 

D. Stormwater Ponds

 

The proposed development would include three stormwater treatment ponds (northern pond, southern pond and southeastern pond). The ponds were designed at lower portions of the development in order to minimize the amount of regrading.

 

The topography of the site slopes downhill from west to east. The highest elevation is around +58 feet at the midpoint of the western property boundary. The lowest elevation is around +27 feet along the far eastern property boundary on the east side of the power line easement. The majority of the wetland line (north/south section) generally follows the 46-foot contour line. The southern section of the wetland line that runs parallel to Old Jennings Road does not follow a contour line and, instead, cuts across the grade of the land following a break in the underlying soil, reaching elevation +33 feet at the southwest corner of the cleared power line easement.

 

The northern pond would be 0.60 acre in size (open water portion). Construction of this pond would not require impacting any wetlands.

 

The southern pond would be 0.25 acre in size (open water portion). Construction of the pond would not require impacting any wetlands.

 

The southeastern pond would be 0.35 acre in size (open water portion). Construction of this pond would entail dredging and filling approximately 0.30 acre of seepage slope wetland for the adjacent berm. The outfall elevation of this pond would be around +33 feet.

 

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:

 

“Impacts to majority of wetlands will be avoided. Mitigation for unavoidable impacts will be accomplished through the purchase of credit from Loblolly Mitigation. Credit has already been purchased from mitigation bank.”

 

Additionally, the original plans for the project entailed 2.6 acres of wetland impacts. The site plan was modified to reduce wetland impacts to 1.2 acres.

 

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

 

“The proposed impacts have been evaluated pursuant to the Wetland Rapid Assessment Procedure (WRAP). Based on WRAP construction of the project will result in 0.86 unit of functional loss. As mitigation for the proposed fill impacts, the applicant will purchase 0.86 WRAP credit from Loblolly 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 couperi) based on programmatic key. Therefore, no additional consultation with the United States Fish and Wildlife Service is required pursuant to Section 7 of the Endangered Species Act.

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the tricolored bat (Perimyotis subflavus) based on programmatic key. The applicant would complete work prior to any potential listing of the species; or, if the species is listed prior to work completion, the applicant would pursue consultation with the United States Fish and Wildlife Service pursuant to Section 10 of the Endangered Species Act.

 

The Corps has determined the proposal would have no effect on the Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis) or the Whooping Crane (Grus americana), or on any other listed threatened or endangered species or designated critical habitat.

 

ESSENTIAL FISH HABITAT (EFH):  Our initial determination is that EFH is not present within the project area; therefore, the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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, FL, 32207-8175 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, Alex Meincke, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, FL, 33207-8175; by electronic mail at Alexander.C.Meincke@usace.army.mil; or, by telephone at (952) 679-0744. 

 

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.