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:
Christopher Goodin
200 First Street
Neptune Beach, Florida 32266
WATERWAY AND LOCATION: The project is located at 6410 Jones Road (Duval County Property Appraiser – Parcel Identification Number 002896-0220), in Section 20, Township 1 South, Range 25 East, Jacksonville, Duval County, Florida. The project would affect waters wetlands adjacent to waters of the United States associated with an unnamed tributary of the Trout River.
Directions to the site are as follows: From the Jacksonville District Office, head west on San Marco Boulevard to Interstate 95 North, take exit 351B for Interstate 10 West toward Lake City, take exit 361, continue on Interstate 10 West/ US-17 South for 5.9 miles, take exit 355 toward Hammond Boulevard, continue towards Devoe Street, turn left on Beaver Street, then take a right on Jones Road, continue for 5.9 miles and the destination is on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.3957°
Longitude -81.8217°
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 mixed forested system. The project site is 32.32 acres in size. The onsite vegetation consists of the following:
Improved Pasture (FLUCFCS 211) 21.02 acres - The dominant vegetation is bahia grass (Paspalum notatum) mixed with various early successional species such as broomsedge (Andropogon sp.), dogfennel (Eupatorium sp.) and blackberry (Rubus cuneifolius). The livestock has been removed which has allowed the pastures to become overgrown with weeds.
Inland Ponds and Sloughs (FLUCFCS 61) 1.48 acres - The canopy in the slough portion of the wetland includes such species as blackgum (Nyssa sylvatica var. biflora), pond cypress (Taxodium ascendens), sweet bay (Magnolia virginiana), and red maple (Acer rubrum). The shrub layer and ground cover vegetation includes such species as Virginia willow (Itea virginica), bamboo vine (Smilax laurifolia) and royal fern (Osmunda regalis)
Wetland Forested Mixed (FLUCFCS 63) 1.53 acres - The canopy in the seepage slope includes such species as loblolly bay (Gordonia lasianthus), blackgum, Chinese tallow (Sapium sebiferum), slash pine (Pinus elliottii), and loblolly pine (P. taeda). The shrub layer and ground cover vegetation includes such species as fetterbush (Lyonia lucida), bamboo vine, cinnamon fern (Osmunda cinnamomea), and netted chain fern (Woodwardia areolate).
Man-Made Ponds (FLUCFCS 524) 0.91 acres - These ponds are steep sided and covered with a floating layer of duckweed (Lemna sp.)
Man-Made Ditches (FLUCFCS 510) 0.45 acres
Cattle Feeding Operations, Abandoned (FLUCFCS 231) 5.36 acres
Residential, Low Density (FLUCFCS 110) 1.57 acres
The property is partially developed with a single-family residence and agricultural structures. There is a strand of mixed forested wetlands on the south end of the property that lead to an unnamed tributary associated with the Trout River. The northeast and northwest portions of the property are primarily cleared land. There are ditches and ponds on the south end of property that were primarily used for agricultural purposes.
PROPOSED WORK: The applicant seeks authorization to place 710 cubic yards of clean fill into 0.22 acres of acres of waters of the United States (mixed forested wetlands) for a residential subdivision and associated infrastructure. The proposed work would include a total of 181 single family residential units of which 106 will consist of townhome units and 75 will be single family homes. One large stormwater pond will be constructed in the southern half of the property. 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 permit applicant has designed Phase 2 of Cypress Meadows to avoid and minimize impacts to WOTUS jurisdiction as much as possible. A small area of impact (0.22 acre) is proposed along the upper edge of the seepage slope wetland for a number of townhome units. This impact has been assessed pursuant to the Wetland Rapid Assessment Methodology (WRAP) and the Uniform Mitigation Assessment Methodology (UMAM). Mitigation for the direct impact will be provided through the purchase of either WRAP or UMAM credit from a mitigation bank that serves the project area.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Mitigation for the direct impact will be provided through the purchase of either WRAP or UMAM credit from a mitigation bank that serves the project area.”
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 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), Whooping Crane (Grus americana) 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, Brooke Lawrence, in writing at the Jacksonville Permits Section, address at the letterhead above; by electronic mail at Emily.B.Lawrence@usace.army.mil; or, by telephone at (904)-251-9191.
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 (SJRWMD).
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 he