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:
Old Jennings Owner, LLC
c/o Mark Rios
360 Central Avenue, Suite 1130
St. Petersburg, Florida 33701
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Little Black Creek. The project site is located at the northeast intersection of Old Jennings Road and Challenger Drive, in Section 29, Township 4 South, Range 25 East, Clay County, Florida.
Directions to the site are as follows: The project area is located north of Old Jennings Road and east of Challenger Drive in Clay County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.116565°
Longitude -81.829253°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is to build a multi-family development in the Old Jennings Road/Branan Field- Chaffee area to provide affordable rental residences to accommodate the residential demand in the area.
EXISTING CONDITIONS: The existing vegetative communities and land uses have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) and are described below.
Upland Communities:
Pine Flatwoods (FLUCFCS 411)
The majority of on-site uplands were timbered in 2015 and allowed to revegetate naturally. Dominant vegetation includes slash pine (Pinus elliottii), bracken fern (Pteridium aquilinum), live oak (Quercus virginiana), laurel oak (Quercus laurifolia), wax myrtle (Morella cerifera), saw palmetto (Serenoa repens), gallberry (Ilex glabra), and American beautyberry (Callicarpa americana).
Communications (FLUCFCS 820)
There is a communication tower located in the southwestern corner of the property.
Wetland and Surface Water Communities:
Wetland Forested Mixed (FLUCFCS 630)
A linear wetland system is located along the northern property line and conveys water east to Little Black Creek. Dominant vegetation includes bald cypress (Taxodium distichum), laurel oak, water oak (Quercus nigra), tupelo (Nyssa biflora), red maple (Acer rubrum), and sweetbay (Magnolia virginiana). Ground cover consists of Virginia chain fern (Woodwardia virginica), royal fern (Osmunda regalis), and cinnamon fern (Osmundastrum cinnamomeum).
Vegetated Non-forested Wetland (FLUCFCS 640)
This classification has no canopy from site clearing on the western side of the property.
Vegetation includes needle rush (Juncus effusus), Virginia chain fern, gallberry, and dog
fennel (Eupatorium capillifolium).
PROPOSED WORK: The applicant seeks authorization to construct a multi-family development and associated structures, within the landward extent of Bid Branch, a Class III, Florida Waterbody. The proposed construction would result in 6.99 acres of direct impacts to Bottomland Forest and 2.82 acres of secondary impacts to Bottomland Forest.
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 applicant has designed the project to maximize the use of on-site uplands while reducing wetland impacts to the greatest extent practicable. The applicant has reduced the fill footprint by lowering the site as much as possible and including retaining walls to limit fill slopes as much as possible. The majority of on-site wetlands will remain unimpacted following implementation of the project.
The applicant has limited wetland impacts to lower quality herbaceous wetlands and a partially timbered mixed forested wetland strand that have been historically altered by silvicultural and agricultural activities on the site. The majority of the contiguous wetland system will remain following implementation of the project.
The applicant has purchased mitigation bank credits to offset all jurisdictional wetland impacts according to the approved attached WRAP analysis.
In addition, by limiting wetland impacts to lower quality on-site wetlands, the applicant is leaving most of the on-site high wetlands associated with Little Black Creek untouched. These wetland areas constitute greater long term ecological value than the areas of wetland proposed for adverse effects. By avoiding the high quality wetlands associated with Little Black Creek the applicant will be providing assurance that the Creek can continue to provide long-term ecological benefits to the region of the proposed project.
The project was designed to minimize impacts to the wetlands in the most practicable way to meet the project goals.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The proposed project will incur approximately 6.99-acres of jurisdictional wetland impacts that will require mitigation. Overall, mitigation has been accomplished through the purchase of WRAP credits from a federally approved wetland mitigation bank that services the project area. Approximately 4.39 credits have been purchased from Loblolly 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 determined the proposed project may affect, but is not likely to adversely affect the Tricolored Bat (Perimyotis subflavus), Eastern Indigo Snake (Drymarchon couperi), and Wood Stork (Mycteria americana) or their designated critical habitat. 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.
The Corps has determined the proposal would have no effect on the Eastern Black Rail (Laterallus jamaicensis spp. jamaicensis), Whooping Crane (Grus americana), and Monarch Butterfly (Danaus plexippus) or in their designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the project area. 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 St. Paul Regulatory Division, 332 Minnesota Street, Suite E1500, St. Paul, Minnesota 55101 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, Samantha Coungeris, in writing at the St. Paul Regulatory Division, 332 Minnesota Steet, Suite E1500, St. Paul, Minnesota 55101; by electronic mail at Samantha.S.Coungeris@usace.army.mil; or, by telephone at (651)724-1999.
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.