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: Noah Silver
Lem Turner Developers, LLC
4400 Biscayne Boulevard, Suite 950
Miami, Florida 32232
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Cedar Creek. The project site is located at southwest of Lem Turner Road and east of Braddock Road in Sections 19, 29, 30, 31 and 37. Township 1 North, Range 26 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: Exit Lem Turner Road from I-295, travel north 2.9 miles to Gerald Road. Turn left onto Gerald Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.4784°
Longitude -81.7223°
PROJECT PURPOSE:
Basic: Industrial, residential and commercial development
Overall: To construct a mixed-use industrial, residential and commercial development in Northeast Florida
EXISTING CONDITIONS: The approximate 1,088-acre project area consists of pastureland, pine plantation, and forested wetlands, as well as several manmade ponds. The project area has been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System.
Pastures (FLUCFCS 212) (432.27 ac). Pasture comprises a large portion of the uplands on the property. Evidence of use as cattle pasture was apparent. The dominant vegetation is bahia grass (Paspalum notatum), with a lesser component of dog fennel (Eupatorium spp.), ragweed (Ambrosia spp.), saw palmetto (Serenoa repens), and blackberry (Rubus spp.).
Hardwood-Conifer Mixed (FLUCFCS 434) (18.93 ac). These areas are mostly located near the bottomland wetland areas. The dominant species consist of slash pine (Pinus elliottii), longleaf pine (P. palustris), water oak (Quercus nigra), with a groundcover dominated by bracken fern (Pteridium aquilinum).
Coniferous Plantation (FLUCFCS 441)(105.04 ac) . Portions of the project area are classified as Coniferous Plantation. The community is dominated by a canopy of planted slash pine or loblolly pine (P. taeda), with minor components of laurel oak (Q. hemisphaerica), loblolly-bay (Gordonia lasianthus), and red maple (Acer rubrum). The shrub and groundcover include saw palmetto, bitter gallberry (Ilex glabra), and bracken fern.
Wet Coniferous Plantation (FLUCFCS 441w) (0.52 ac). This community is dominated by planted slash pine or loblolly pine on hydric soils. Associated canopy and subcanopy species include such species as red maple, sweetgum (Liquidambar styraciflua), loblolly-bay, Chinese tallow (Triadica sebifera), and common persimmon (Diospyros virginiana). Understory and groundcover species consist of such species as bitter gallberry, wax myrtle (Myrica cerifera), fetterbush (Lyonia lucida), maidencane (Panicum spp), cinnamon fern (Osmunda cinnamomea), and broomsedge (Andropogon spp.).
Ditches (FLUCFCS 510)(0.79 ac). Roadside ditches occur adjacent to Lem Turner Road, which extends along the northeastern boundary.
Surface Waters Less Than 10 Acres (FLUCFCS 524). Manmade reservoirs of various sizes occur in several areas of the property as part of the cattle grazing operations.
Stream and Lake Swamps (FLUCFCS 615) (412.64 ac). The majority of the wetlands located in the project area are classified as Streams and Lake Swamps. The dominant vegetation includes sweetgum, blackgum (Nyssa sylvatica var. biflora), red maple, laurel oak (Q. laurifolia), bald cypress (Taxodium distichum), swamp bay (Persea palustris), fetterbush, wax myrtle, cinnamon fern, and Virginia chain fern (Woodwardia virginica).
Mixed Wetland Hardwoods (FLUCFCS 617) (21.13 ac). This community comprises a canopy of such species as sweetgum, blackgum, swamp bay, and red maple. Dominant understory and groundcover consist of immature swamp bay, wax myrtle, and cinnamon fern.
Hydric Pine Flatwoods (FLUCFCS 625) (75.55 ac). Dominant vegetation within the hydric pine flatwoods community includes slash pine, loblolly-bay, red maple, wax myrtle, bushy bluestem (A. glomeratus), cinnamon fern, yellow-eyed grass (Xyris spp.), and Carolina red root (Lachnanthes caroliniana).
Wetland Forested Mixed (FLUCFCS 630)(5.76 ac). The Wetland Forested Mixed community comprises a mix of hardwood and coniferous canopy species. The canopy includes such species as water oak, sweetgum, slash pine, red maple, and laurel oak, with an understory and groundcover of fetterbush, cinnamon fern, and Virginia chain fern.
Freshwater Marshes (FLUCFCS 641)(2.22 ac). The Freshwater Marshes community comprises such species as cattail (Typha spp.), pickerelweed (Pontederia cordata), and pennywort (Hydrocotyle spp).
Wet Prairies (FLUCFCS 643)(6.22 ac). These are areas of wet pastureland that primarily comprise herbaceous species. The vegetation comprises such species as broomsedge, smartweed (Polygonum spp.), maidencane, thistle (Circium spp.), St. John’s-wort (Hypericum sp.), and pennywort.
Project History: A previous Department of the Army (DA) Permit was issued on April 25, 2007 for the construction of a single family residential development which authorized impacts to 16.76 acres of wetlands. The permittee later requested a modification to change the project purpose and to impact additional wetlands. A DA Permit modification was issued September 8, 2009, for the construction of an industrial facility with a residential and commercial component, with authorized impacts to 32.56 acres of waters of the U.S. (wetlands) and 0.79 acre of other waters of the U.S. The project was not constructed and the DA Permit modification has since expired. The proposed project that is subject to this public notice is the same project as the permit modification issued on September 8, 2009. However, this 2009 modification only authorized impacts to aquatic resources that would have been considered jurisdictional in 2009.
PROPOSED WORK: The applicant seeks authorization to discharge of approximately 294,804 cubic yards of fill material into no more than approximately 61.43 acres of aquatic resources for the construction of a mixed-use development with industrial, residential and commercial components. The proposed development includes the construction of access roadways, infrastructure, parking, and stormwater management systems. The applicant has requested an Approved Jurisdictional Determination from 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:
Impacts have been minimized to the greatest extent practicable while still meeting project goals. Due to the location and configuration of the onsite wetlands, wetland impacts are necessary, primarily for road crossings to access upland areas on the parcel. Wetland impacts are also unavoidable due to the nature of the proposed development of industrial warehouses and commercial facilities that require a larger box footprint to construct.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposed to preserve approximately 391.49 acres of onsite wetlands, the enhancement of approximately 62.35 acres of wetlands, restoration of approximately 1.91 acres of wetlands, preservation of approximately 12.12 acres of uplands, and purchase of credits from an approved 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 Wood Stork (Mycteria americana) , Eastern Indigo Snake (Drymarchon corais couperi) and the proposed endangered Tricolored bat (Perimyotis subflavus) the or its designated critical habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined that the proposed project would have no effect on the eastern Black Rail (Laterallus jamaicensis spp. Jamaicensis), sea turtles, Red-cockaded woodpecker (Picoides borealis), and Whooping Crane (Grus americana).
ESSENTIAL FISH HABITAT (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. The proposal would impact approximately 61.43 acres of palustrine forested wetlands located inland and upstream of waters utilized by various life stages of summer flounder and bluefish. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the St. Johns 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 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, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Tracy Sanders, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Tracy.sanders@usace.army.mil or by telephone at (904)232-1171.
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 Saint 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.