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: Mr. Amos Almand
51 Ocean Breeze Drive
Atlantic Beach, Florida 32233
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Bennett Branch. The project is located along Bowden Road, between Spring Park Road and Prather Drive, in Section 56, Township 3 South, Range 27 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From Downtown Jacksonville, Head south toward Adams Street and turn right. Continue on Adams Street and turn left onto FL-10 E/N Main Street. Use the left lane to merge onto Acosta Expy. Merge onto I-95 S. Take exit 346A for FL-109 E/University Blvd. urn right onto Spring Park Rd. Turn left onto Bowden Rd.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.265780°
Longitude -81.265780°
PROJECT PURPOSE:
Basic: Commercial development.
Overall: The applicant has stated that the purpose of the proposed action is to provide commercial development in Duval County, Florida.
EXISTING CONDITIONS: The site consists of undeveloped woodlands, with commercially developed lands to the south; residential lands to the northeast; and
undeveloped woodlands located to the north and east. The project area has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCCS), as described below.
Pine Flatwoods, 2.89 acres: One general upland cover-type is located on the site, consisting of Pine Flatwoods (FLUCCS Code 411). These uplands are dominated by mature trees such as longleaf pine (Pinus palustris), loblolly pine (P. taeda), with lesser components of southern magnolia (Magnolia grandiflora), water oak (Quercus nigra), and laurel oak (Q. laurifolia).
Wetland Forested Mixed, 1.58 acres:One general wetland type is located on the site consisting of Wetland Forested Mixed (FLUCCS Code 630). This area has a mature tree canopy that is dominated by wetland-type tree species such as red maple (Acer rubrum), laurel oak, water oak, swamp chestnut oak (Q. michauxii), and tupelo (Nyssa aquatica). Upland pine species are located in the transitional areas of this cover type.
Two large ditches and a large retention pond located to the east of the site have
hydrologically impacted this wetland system. This system is also geographically
isolated due to surrounding commercial and residential developments.
Project History
A previous Department of the Army (DA) Permit was issued on May 18, 2006 for the subject review area. The previous DA Permit authorized the discharge of fill material into 1.91 acres of wetlands for the construction of a medical facility. The previously authorized wetland impacts and development did not occur. The subject project review area is currently undeveloped.
PROPOSED WORK: The applicant seeks authorization to impact 1.58 acres of waters of the U.S. including dredging of 0.72 acres of wetlands and discharge fill material into 0.86 acres of wetlands for the construction of a commercial development with associated infrastructure. An Approved Jurisdictional Determination has not been verified by this project. Therefore, the Corps has not determined the jurisdictional status of the aquatic resources at this site.
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 1.58 acres of impacts shown are necessary for the viability of this project.
Water quality in wetlands adjacent to impact areas will be protected from
construction impacts using silt fences along the margin of the development area.
Wetland functions, with respect to water quality, are not expected to be adversely affected by the proposed project. Adequate stormwater treatment facilities, including one stormwater pond, will be located on-site. The pond will provide treatment for the majority of runoff from developed areas.”
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 provided the following explanation why compensatory mitigation should not be required:
For mitigation, the applicant purchased 1.91 “ratio” credits from Loblolly Mitigation Bank for the previous USACE permit that expired. The applicant proposes to apply some of these credits for the current proposal.
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:
On September 4, 2024, the Corps executed a Resources at Risk (RAR) report. The RAR indicated that the Information for Planning and Consultation (IPAC) species that are found within Duval County could include the Eastern Indigo Snake (Drymarchon couperi), Tricolored Bat (Perimyotis subflavus), Wood Stork (Mycteria americana), Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Red-cockaded Woodpecker (Picoides borealis), Whooping Crane (Grus americana), Leatherback Sea Turtle (Dermochelys coriacea), Hawksbill Sea Turtle (Eretmochelys imbricata), and Green Sea Turtle (Chelonia mydas).
The RAR did not indicate that the site is utilized by, or contains habitat critical to, any federally listed threatened or endangered species, other than those mentioned above. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any federally listed, threatened, or endangered species, other than those mentioned above.
Eastern Indigo Snake: The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake based on programmatic key. The USFWS previously indicated that they concur with determinations of not likely to adversely affect based on that key; and, that no additional consultation is required.
Tricolored Bat (TCB): Proposed Endangered: In the spring, summer, and fall, TCB occur in a wide variety of forested or wooded habitats where they roost and forage. TCB roost in clusters of leaves in live and dead deciduous trees, Spanish moss, and clusters of dead pine needles. In addition, TCB have also been observed roosting during summer in eastern red cedar trees, within artificial roosts like barns, beneath porch roofs, bridges, and concrete bunkers. TCB often overwinter in subterranean features (e.g. caves and abandoned mines) or other cave-like structures, but in the southern portions of their ranges, where caves and mines are sparse, TCB also roost in trees, road-associated culverts, and bridges and remain active and feed during winter. Tricolored bats exhibit high site fidelity with many individuals returning year after year to the same hibernaculum. The project site hosts habitat conducive to host tricolored bats. The proposed project would impact freshwater forested wetlands. Additionally, if the tricolored bat were to be present, the species is mobile and it could move to other forested habitat on site or near the project site. Therefore, the Corps has determined the proposed work may affect, but would not likely adversely affect the tricolored bat. Because there is no programmatic agreement or Standard Local Operating Procedures for Endangered Species (SLOPES), a may affect, not likely to adversely affect determination by the Corps could require a conference opinion coordination with USFWS. However, the species is not listed at this time; therefore, the Corps is not required to initiate consultation.
Wood Stork: The Cops has determined the proposed project would have no effect on the wood stork based on programmatic key. No further action is required with respect to this species.
The Corps has determined the proposal would have no effect on the eastern black rail, the red-cockaded woodpecker, the whooping crane, leatherback sea turtle, the hawksbill sea turtle or the green sea turtle or on any other listed threatened or endangered species or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): The project is located within wetlands 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 Utah Permits Section, 533 West 2600 South, Bountiful, Utah 84010 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 Fresard in writing at the Utah Permits Section, 533 West 2900 South, Bountiful, Utah 84010; by electronic mail at Nicole.D.Fresard@usace.army.mil or, by telephone at (801) 295-8380 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.
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.