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: Acree JV LLC
Attention: George Leon
1000 Riverside Ave., Suite 600
Jacksonville, Florida 32204
WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands associated with Thomas Creek, Little Trout River, and Trout River. The project site is located east of the intersection of Acree Road and Old Kings Road and west of New Kings Road/US 1, Sections 26. 27, 34, 35, Township 1 North, Range 25 East and a portion of the Levi Sparkman Land Grant, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel north on US 1. The property will be located just north of Woodley Road on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.465228°
Longitude -81.783975°
PROJECT PURPOSE:
Basic: The basis project purpose is housing.
Overall: The overall project purpose is to construct a residential subdivision and associated infrastructure on the west side of Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine forested system. The project site is 134.61 acres in size. The onsite vegetation consists of the following:
Pine-Mesic Oak (FLCCS 1124) 20.09 acres – This vegetative community consisted primarily of slash pine (Pinus elliottii), live oak (Quercus virginiana), water oak (Quercus nigra), laurel oak (Quercus laurifolia), sweetgum (Liquidambar styraciflua), saw palmetto (Serenoa repens), gallberry (Ilex glabra), wax myrtle (Morella cerifera), yellow jessamine (Gelsemium sempervirens), and greenbriar (Smilax spp.).
Coniferous Plantations (FLCCS 183332) 69.37 – This vegetative community consisted primarily of slash pine, live oak, saw palmetto, gallberry, saltbush (Baccharis halimifolia), wax myrtle, muscadine (Vitis rotundifolia), yellow jessamine, greenbriar, and sawtooth blackberry (Rubus pensilvanicus).
Cypress/Tupelo (FLCCS 2210) 5.73 acres – This vegetative community consisted primarily of bald cypress (Taxodium distichum), pond cypress (Taxodium ascendens), blackgum (Nyssa sylvatica), water oak, laurel oak, loblolly bay (Gordonia lasianthus), red maple (Acer rubrum), highbush blueberry (Vaccinium corymbosum), fetterbush (Lyonia lucida), netted chain fern (Woodwardia areolata), cinnamon fern (Osmundastrum cinnamomeum), royal fern (Osmunda regalis var. spectabilis), foxtail club-moss (Lycopodiella alopecuroides), and combleaf mermaidweed (Proserpinaca pectinata).
Basin Swamp (FLCCS 22132) 8.80 acres – This vegetative community consisted primarily of blackgum, red maple, soft rush (Juncus effusus subsp. solutus), floatingheart (Nymphoides sp.), blue flag iris (Iris virginica), combleaf mermaidweed, and lemon bacopa (Bacopa caroliniana).
Wet Flatwoods (FLCCS 2221) 2.38 acres – This vegetative community consisted primarily of dwarf palmetto (Sabal minor), red maple, sweetgum, slash pine, myrtle dahoon (Ilex cassine var. myrtifolia), dahoon holly (Ilex cassine var. cassine), wax myrtle, yellow-eyed grass (Xyris spp.), pipewort (Eriocaulon spp), hooded pitcherplant (Sarracenia minor), sundew (Drosera sp.), butterwort (Pinguicula sp.), St. John’s wort (Hypericum sp.), blue flag iris, cinnamon fern, netted chain fern, foxtail club-moss, and sphagnum moss (Sphagnum sp.).
Mixed Wetland Hardwood (FLCCS 2233) 28.24 acres – This vegetative community consisted primarily of bald cypress, red maple, laurel oak, and sphagnum moss.
The existing area is undeveloped and consists of strands of wetlands interspersed that lead to the Trout River. The south end of the area is planted pine and the north half is area has pine and mesic oak with mixed wetland hardwoods braiding through. The area is a rural part of northwest Jacksonville. To the east of the property is cleared land. New Kings Road is to the east of the site and a railroad and Old Kings Road borders the western side of the property.
PROPOSED WORK: The applicant seeks authorization to place 22,300-cubic-yards of fill into 4.59 acres of waters of the United States (palustrine forested wetlands) for a residential subdivision and associated infrastructure. The proposed work would include 400 lots (200 single family units, 200 duplex units). There would be 44.12 acres of wetlands to remain. The applicant has submitted a preliminary jurisdictional determination form indicating that all wetlands are jurisdictional to the Corps.
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 impacts to jurisdictional wetlands as much as practicable to still have a viable project. Upland buffers have been proposed wherever feasible. Due to the cost of land and cost incurred with construction, the Applicant needs 400 lots (200 single family units, 200 duplex units) to create a viable project. The provided site plan has avoided the high-quality wetland on-site, the
primary impacts being to the low-quality wetlands.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Mitigation bank credits would be purchased from Longleaf 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:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake based on programmatic key. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork based on programmatic key. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the tricolored bat (Perimyotis subflavus), which is a species that is a candidate for federal listing. The Corps will request U.S. Fish and Wildlife Service (USFWS) concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle (Caretta caretta), Red-cockaded woodpecker (Picoides borealis),
or any other listed threatened or endangered species or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): The proposed project is located in freshwater wetlands, which are inland and upstream of tidal waters and 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 impact EFH or Federally managed fisheries in the Trout River. 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 would 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 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 Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179.
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.