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 (DA) permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Lem Turner Road Developers, LLC
c/o Noah Silver
4400 Biscayne Boulevard, Suite 950
Miami, Florida 32232
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Cedar Creek. The project site is located on Lem Turner Road (SR 115), between Interstate 295 and Pace Road, in Sections 28, 29, and 33, Township 1 North, Range 26 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: To access the site from downtown Jacksonville, take Interstate 95 north, exit at Interstate 295 and proceed west, exit at Lem Turner Road, and travel north on Lem Turner Road to the project area.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30.468503°
Longitude: -81.709738°
PROJECT PURPOSE:
Basic: The basic project purpose is the installation of utility lines.
Overall: The overall project purpose is the installation of utility lines while maintaining access to adjacent properties and access for maintenance work on a section of Lem Turner Road.
EXISTING CONDITIONS: The project area includes Lem Turner Road, a paved roadway with a grassed shoulder and a 65-foot right-of-way as well as a 30-foot-wide utility easement just outside the right-of-way.
A DA 5-year permit was issued under number SAJ-2012-02047 on September 12, 2012. The permit was modified on July 12, 2015 and April 19, 2017. Construction of the project did not commence before the permit expiration date. The current proposal is to re-authorize the same project approved in 2012 and modified in 2015 and 2017.
The wetland system consists of a wetland forested mixed community and a Wet Coniferous Plantation.
Several community types or land uses occur within the project area. The following community descriptions are derived from the Florida Land Use, Cover and Forms Classification System (FLUCFCS) handbook, created by the Florida Department of Transportation Surveying and Mapping Office Thematic Mapping Section.
Residential Land (FLUCFCS 110) A small portion of the utility easement appears to extend over an area that could be characterized as Residential land.
Upland Coniferous Forest (FLUCFCS 410) Upland Coniferous Forest generally occurs throughout the project area, within the utility easement. The canopy in this community is dominated by slash pine (Pinus elliottii). The understory and groundcover include bitter gallberry (Ilex glabra), blackberry (Rubus spp.), deerberry (Vaccinium stamineum), wax myrtle (Myrica cerifera), dwarf blueberry (Vaccinium myrsinites), dog fennel (Eupatorium spp.), and bracken fem (Pteridium aquilinum ).
Hardwood-Conifer Mixed (FLUCFCS 434) The canopy in the Hardwood-Conifer Mixed community can be found within a portion of the utility easement and includes such species as slash pine, red maple (Acer rubrum), and water oak (Quercus nigra). The understory and groundcover include bitter gallberry, wax myrtle, blackberry, deerberry, dog fennel, and bracken fem.
Coniferous Plantations (FLUCFCS 441) The canopy in the Coniferous Plantations community is dominated by slash pine where the plantation has not been cleared. The understory and groundcover include bitter gallberry, dog fennel, blackberry, and bracken fem.
Wet Coniferous Plantations (FLUCFCS 441w) The Wet Coniferous Plantations community within the project area has been timbered, and vegetation found within this area includes such species as fetterbush (Lyonia lucida), wax myrtle, bitter gallberry, dog fennel, yellow-eyed grass (Xyris spp.), maidencane (Panicum hemitomon), redroot (Lachnanthes caroliniana), and netted chainfem (Woodwardia areolata).
Ditch (FLUCFCS 510) Roadside ditches extend along the majority of the project area on Lem Turner Road. In general, the ditches that occur within the right-of-way and within the utility easement are shallow grassed ditches that are kept mowed.
Wetland Forested Mixed (FLUCFCS 630) Wetland Forested Mixed communities occur in several locations along the project length. The canopy in these communities generally includes such species as slash pine, red maple, and sweetgum (Liquidambar styraciflua), with an understory and groundcover of such species as fetterbush, wax myrtle, and netted chainfem.
Roads and Highways (FLUCFCS 814) Lem Turner Road (SR 115) extends through the entire length of the project area. It is a two-lane, paved roadway with a grassed shoulde and a 65-foot right-of-way.
PROPOSED WORK: The applicant seeks authorization to discharge fill material in waters of the U.S. for the installation of utilities on Lem Turner Road along an existing right-of-way and a 30-foot wide utility easement to connect to existing mains located north of I-295 and to Pace Road. Utilities would be installed by jack and bore at exiting road crossings with bedding and trenching in remaining areas. Utilities proposed within the right-of-way would result in temporary impacts to 0.39 acres of ditch and would be returned to natural grade following installation resulting in no permanent impacts. Utility work within the 30-foot-wide utility easement would result in the filling of 1.17 acres of wetlands and 0.19 acres of ditch. In this area, the wetlands would be filled to upland grade following utility installation to facilitate future maintenance. This proposal is to re-authorize a previously USACE permitted watermain and forcemain on Lem Turner Road. The DA permit expired before work could commence. The proposed project is consistent with the previously authorized project.
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 has been designed to minimize wetland impacts to the greatest extent practicable, however, further avoidance of impacts is not possible due to the nature of the project and the location of the wetlands in the project area.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The project area includes the Lem Turner Road right-of-way and adjacent utility easement and has been disturbed by periodic mowing and existing vehicular traffic noise; therefore, the current value of functions can be characterized as low. To offset impacts, the applicant proposes to utilize the mitigation bank credits that were already purchased for this project 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 proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 Wood Stork (Mycteria americana) 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 proposal would have no effect on the Whooping Crane (Grus americana), Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis), Red-cockaded Woodpecker (Picoides borealis), Tricolored Bat (Perimyotis subflavus), Green Sea Turtle (Chelonia mydas) Hawksbill Sea Turtle (Eretmochelys imbricata), Leatherback Sea Turtle (Dermochelys coriacea), and Loggerhead Sea Turtle (Caretta caretta).
ESSENTIAL FISH HABITAT (EFH): The project is located within a wetland forested mixed community and a wet coniferous plantation and ditches that are located well inland of waters considered to be EFH; therefore, the Corps has determined that the proposed project would not have a substantial adverse impact on EFH. 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 located at the letterhead above, 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, Nicole D. Fresard, in writing at the Utah Regulatory Office, 533 West 2600 South, Suite 150, Bountiful, Utah 84010; by electronic mail at Nicole.D.Freasrd@usace.army.mil; or, by telephone at (801) 295-8980 extension 8321.
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 is required from the St. Johns River Water Management District (SJRWMD). The SJRWMD issued an Environmental Resource Permit Project Number 131041-4 on April 4, 2024.
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.