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) (33 U.S.C. §403) as described below:
APPLICANT: KB Home Jacksonville, LLC
10475 Fortune Pkwy, Suite 100
Jacksonville, Florida 32256
sblunck@kbhome.com
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Seaton Creek. The project site is located at 815 Pecan Park Drive, Section 40, Township 1 North, Range 27 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: The site is located 0.5 miles west of Interstate 95 and 0.3 mil east of International Airport Boulevard, on the north side of Pecan Park Drive
APPROXIMATE CENTRAL COORDINATES: Latitude 30.518603°
Longitude -81.642752°
PROJECT PURPOSE:
Basic: Housing
Overall: The applicant has stated that the purpose of the proposed action is to provide housing for the growing Duval County area.
EXISTING CONDITIONS: Based on information provided by the applicant, the project site contains approximately 19.21 acres of forested wetlands. The boundaries of the wetlands on the project site have not yet been verified by the Corps. The wetland system consists of a freshwater system. The applicant conducted a site assessment of vegetation communities on the site, and identified three communities in uplands, and two vegetation communities within the wetlands in accordance with the Florida Land Use, Cover and Forms Classification System (FLUCCS), as follows:
Uplands
Pine – Mesic Oak (FLUCCS 1124) – This vegetative community consisted primarily of slash pine (Pinus elliottii), longleaf pine (Pinus palustris), gallberry (Ilex glabra), American holly (Ilex opaca), saw palmetto (Serenoa repens), blackberry (Rubus spp.), swamp bay (Persea palustris), wax myrtle (Morella cerifera), water oak (Quercus nigra), American olive (Osmanthus americanus), black cherry (Prunus serotina), and saltbush (Baccharis halimifolia).
Mesic Flatwoods (FLUCCS 1311) – This vegetative community consisted primarily of slash pine, saw palmetto, gallberry, shiny blueberry, wax myrtle, bracken fern (Pteridium aquilinum), and broomsedge (Andropogon virginicus). Rural Structures (FLUCCS 1832) – This vegetative community consisted of rural structures in addition to mowed bahia grass (Paspalum notatum).
Wetlands
Hydric Pine Flatwoods (FLUCCS 22211) – This vegetative community consisted primarily of slash pine, peat moss (sphagnum spp.), yellow-eyed grass (Xyris spp.), bog button (Lachnocaulon anceps), Virginia chain fern (Woodwardia virginica), netted chain fern (Woodwardia areolata), bushy bluestem (Andropogon glomeratus), giant plume grass (Saccharum giganteum), switch cane (Arundinaria tecta), and torpedo grass (Panicum spp).
Mixed Wetland Hardwoods (FLUCCS 2233) – This vegetative community consisted primarily of water oak, swamp chestnut oak (Quercus michauxii), southern magnolia (Magnolia grandiflora), swamp laurel oak (Quercus laurifolia), live oak (Quercus virginiana), pignut hickory (Carya glabra), American holly, wax myrtle, saw palmetto (Serenoa repens), sweet gallberry (Ilex coriacea), cabbage palm (Sabal palmetto), dwarf palm (Sabal minor), lizard’s tail (Saururus cernuus), and switch cane.
The proposed project site is bordered on the south by Pecan Park Road, on the north and west by residential development, and on the east by undeveloped land.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 19,000 cubic yards of clean fill material into 3.86 acres of forested wetlands for the construction of a residential subdivision, including roads, utility lines, sewer lift station, and pond.
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, which avoids effects and impacts to fish and wildlife. Upland buffers have been proposed around high-quality wetlands and wherever feasible. Due to the cost of land and cost incurred with construction, the Applicant needs 99 lots to create a viable project. The provided site plan has avoided the high-quality wetlands on-site, with the majority of impacts being along the fringes of low-medium quality wetlands.
During the review process the Corps will review alternatives to the proposed action, and determine whether or not all appropriate and practicable measures have been proposed to avoid and minimize adverse effects to the aquatic environment.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory wetland mitigation will include the purchase of 2.52 Mitigation Bank Credits from a mitigation bank that is to be determined. The applicant has identified that mitigation for this property through the purchase of mitigation bank credits is not available at this time. However, when mitigation bank credits are available, the applicant has proposed to purchase credits from a 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 preliminarily determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake (Drymarchon couperi), wood stork (Mycteria americana), Eastern black rail (Laterallus jamaicensis ssp. jamaicensis), red-cockaded woodpecker (Picoides borealis), and the proposed Tricolored bat (Perimyotis subflavus). 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, as appropriate.
ESSENTIAL FISH HABITAT (EFH): Our initial determination is that the proposed action would not have an adverse impact on EFH. Our final determination relative to project impacts and the need for mitigation measures may be 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 Sacramento District Regulatory Division, 1325 J Street, Room 860, Sacramento, California 95814-2922, 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, Lisa M. Gibson, in writing at the Sacramento District, Special Projects Branch, 1325 J Street, Room 860, Sacramento, California 95814-2922; by electronic mail at lisa.m.gibson2@usace.army.mil; or, by telephone at (916) 557-5288.
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.
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.
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.
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.