SAJ-2024-01775

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: Arthur Lancaster
Tri Lake Investments, LLC
700 Ponte Vedra Boulevard
Ponte Vedra Beach, Florida 32082

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Corklan Branch. The project site is located on the NE side of Philips Highway and Golden Lake Lane, 0.32 miles NW of the intersection of Wells Creek Parkway and Philips Highway in 28 Section, 004S Township, 028E Range; in Jacksonville, Duval County, Florida.

Directions to the site are as follows: From I-95 take the 9B exit heading north. Exit south on US-1 Philips Hwy. The project site is approximately 0.8 miles south of 9B and
located east of US-1.

APPROXIMATE CENTRAL COORDINATES: Latitude 30.125111°
Longitude -81.499333°

PROJECT PURPOSE:

Basic: Residential Development

Overall: Multi-family unit residential subdivision, associated buildings, and stormwater management system in Jacksonville, Florida.

PROPOSED WORK: The applicant requests authorization to discharge fill material within 5.7 acres of wetlands and 1.14 acres of surface waters.

EXISTING CONDITIONS: The Ellis Cove Development project is an approximately 21.05-acre site in Duval County. The project site is located within parcel 168090-0040 and is zoned as a Planned Unit Development. A total of 11.75 acres of wetlands and surface waters are found within the boundary of the project site. The project site currently supports four land use types/vegetative communities within its boundaries.

The onsite vegetation consists of mature pine trees intermixed with mature cypress and hardwoods including bald cypress (Taxodium distichum), water oak (Quercus nigra), laurel oak (Quercus laurifolia), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), silverbay (Magnolia virginiana), and others. Shrub and groundcover are similar to other on-site wetland communities, comprising wax myrtle (Morella cerifera), gallberry (Ilex glabra), fetterbush (Lyonia lucida), and hydrophytic ferns.

The project site currently supports four (4) land use types/vegetative communities within its boundaries (Figure 5). These areas were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 1999). The upland land use types/vegetative communities on the site include 4.42 ac± of Pine Plantation (441), 4.37 ac.± of Pine Plantation, Cleared (441C), and 0.51 ac.± of Trailroads (814). The wetland/surface water land use types/vegetative communities on the site include 0.02 ac.± of Streams and Waterways (Upland Cut Ditch) (510) 4.40 ac.± of Reservoirs less than 10 acres (534)/borrow pond (SJRWMD 140150-7), and 7.33 ac.ׅ± of Wetland Forested Mixed (630).

There are three wetlands identified on the site located in the northwestern, southwestern, and southeastern portions of the site (Figure 6). Wetland 2 (W2) encompasses a small upland cutch ditch identified as SW2 (0.02 ac.). The borrow pond permitted by SJRWMD ERP #140150-7 is located in the northeast portion of the site.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“The subject property has been selected and designed in such a way as to avoid high-quality, ecologically significant wetlands and to minimize those impacts necessary to result in a feasible project. The unique goal of this project to provide much needed affordable multi-family housing in an area with high demand. The elimination and reduction strategy includes the selection of a site dominated by silvicultural land use, with nearby residential and commercial development.”

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

“Compensatory mitigation for the proposed wetland impacts will be provided in the form of wetland mitigation bank credits of greater long term ecological value. As such, this project will result in no net loss of wetland functional value. All proposed mitigation has previously been determined to provide regionally significant ecological value and should be considered of greater long-term ecological value than the wetlands proposed for impact.”

CULTURAL RESOURCES: Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:

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 (NLAA) ESA-listed species and/or its designated critical habitat listed in Table 1. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

Table 1: The Corps propose a NLAA determination for the following ESA-listed species and/or critical habitat potentially present in the action area.

The Corps has determined the project would have no effect on the following ESA-listed species within range of the project because there is no suitable habitat: Green sea turtle (Chelonia mydas), Threatened; Leatherback sea turtle (Dermochelys coriacea), Endangered; Hawksbill sea turtle (Eretmochelys imbricata), Endangered.

This notice serves as request to U.S. Fish and Wildlife Service and National Marine Fisheries Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The Corps reviewed the National Oceanic and Atmospheric Administration (NOAA) South Atlantic Essential Fish Habitat Mapper an no EFH were mapped within the vicinity of the proposed project area. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

NAVIGATION: The proposed structure or 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.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the St. Johns 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.

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.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: 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.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until PN Expiration Date. Comments should be submitted to Davielle Drayton at davielle.n.drayton@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Davielle Drayton, 100 W Oglethorpe Ave Savannah, Georgia 31401. Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.