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:
Groundswell Alcoy Partners, LLC
Attention: Mike Atlee
5851 Timuquana Road, Suite 301
Jacksonville, Florida 32210
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Sal Taylor Creek. The project site is located at 3727 Alcoy Road, Section 11, Township 3 South, Range 24 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel west on Interstate 10. Travel south on State Road 23, First Coast Expressway. Exit onto Normandy Boulevard and travel west. The property is approximately 0.68-mile west to Alcoy Road and the property is southeast of the intersection of Alcoy Road and Normandy Boulevard.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.254486°
Longitude -81.872719°
PROJECT PURPOSE:
Basic: The basis project purpose is housing.
Overall: The overall project purpose is to construct a residential townhome development and associated infrastructure on the west side of Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine forested system. The project site is 9.5 acres in size. The existing parcel is undeveloped. Normandy Boulevard is located on the northwest border, a stormwater pond is located to the west, which served a large warehouse. South of the property are rural homesites and east is undeveloped forested land. The onsite vegetation consists of the following:
i. Pine Flatwoods/Hardwood Conifer Mixed (FLUCFCS 411/434) 3.55 acres: Most of the uplands may be characterized as pine flatwoods. The canopy originally was dominated by slash pine (Pinus elliottii). Between 2015 and 2016 the mature pines were harvested. Since that time pine saplings have naturally become reestablished in the cut-over area. The canopy along the northern and western boundaries is dominated by various hardwoods such as water oak (Quercus nigra), laurel oak (Q. laurifolia), live oak (Q. virginiana), and southern magnolia (Magnolia grandiflora) along with scattered slash pine. The shrub layer and ground cover vegetation in much of the uplands is dominated by species typical of pine flatwoods such as bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens) and bracken fern (Pteridium aquilinum). Areas that had previously been cleared for residential yard have become overgrown with such species as ragweed (Ambrosia artemisiifolia), Spanish needles (Bidens alba) and blackberry (Rubus sp.) mixed with St. Augustine grass (Stenotaphrum secundatum) and bahia grass (Paspalum notatum). The western edge of the property previously contained a number of single family residences. All but one of these structures has been removed. There is an abandoned single family house in the far northwest corner of the property.
ii. Open Land (FLUCFCS 190) 0.43 acre: The southern edge of the property comprises a strip of cleared land vegetated with such species as broomsedge (Andropogon sp.), blackberry and dogfennel (Eupatorium sp.).
iii. Wetland Forested Mixed (FLUCFCS 630) 3.45 acres: The canopy in the lower portion of the onsite wetland includes scattered pond cypress (Taxodium ascendens), blackgum (Nyssa sylvatica) and slash pine. Portions of this wetland have become invaded by Chinese tallow (Triadica sebifera) which is an exotic, nuisance species. Over time it is expected that much of the canopy of the wetland will become dominated by Chinese tallow. The shrub layer and ground cover vegetation are dominated by such species as fetterbush (Lyonia lucida), Virginia chain fern (Woodwardia virginica), wax myrtle (Myrica cerifera), and bamboo vine (Smilax laurifolia). The wetland is saturated to the ground surface and contains scattered puddle water during the rainy season. Prior to it being ditched in the early 1940’s, this wetland likely held standing water approximately 18 to 24 inches in depth.
iv. Hydric Pine Flatwoods (FLUCFCS 625) 1.68 acres: The upper edge of the wetland is slightly higher in elevation and comprises an area of hydric pine flatwoods. The canopy consists of scattered slash pine. The ground cover vegetation includes such species as beak rush (Rhynchospora spp.), redroot (Lachnanthes caroliniana), and panic grass (Panicum sp.).
v. Wet Field (FLUCFCS 640) 0.13 acre: The property contains a narrow finger of wet field vegetated with such species as beak rush, dollar weed (Hydrocotyle sp.) and Asian coin wort (Centella asiatica).
vi. Ditches (FLUCFCS 510) 0.26 acre on site, 0.06 acre off site: The property contains two ditches onsite. Ditch D1 (0.01 acre) is located along the northern boundary and is very narrow and shallow and is dry most of the year. Ditch D7 (0.25 acre) is located near the southern boundary and is wider and deeper than D1 and dry for longer periods of time. Ditch D7 forms the upper end of a long mosquito control ditch created by the Office of Malaria Control in War Areas (MCWA) which was a federal program created to eliminate mosquito breeding habitats in and around all military bases in the early 1940’s. There are a series of shallow roadside ditches along the east side of Alcoy Road that are depicted on the permitting graphics.
PROPOSED WORK: The applicant seeks authorization for the following:
1. To place 17,200-cubic-yards of fill into 5.28 acres of aquatic resources (5.26-acres of palustrine forested wetlands and 0.02-acre of ditches) for construction a residential subdivision (108 townhomes) and associated infrastructure. The applicant has submitted a preliminary jurisdictional determination form indicating that all wetlands are jurisdictional to the Corps. All wetlands on site would be impacted.
2. To remove 56-cubic-yards of material from 0.06-acre of aquatic resources (roadside ditches) to clean out the ditches. The material from these ditches would be disposed of and contained in uplands on the site.
3. To place 784-cubic yards of material into 0.243-acre of aquatic resources (palustrine forested wetlands) to install a culvert. The culvert would be 24-inch in diameter and would be 614-linear-feet, consisting of reinforced concrete pipe.
The applicant has provided a preliminary jurisdictional determination for the aquatic resources on site; therefore, all aquatic resources are jurisdictional to the Corps. The applicant is requesting a 5-year authorization.
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 site contains a lower quality wetland that was timbered in the recent past and has been drained for approximately 80 years resulting in diminished ecological value. With respect to avoidance and minimization measures, we understand that impacting wetlands because they are lower quality does not clearly meet these avoidance and minimization criteria. However, it is relevant that the overall functional value of this wetland has already been significantly degraded by decades of drainage associated with the federal government’s installation of a mosquito control ditch combined with recent timber harvesting and infestation with Chinese tallow. So, we understand that lower quality wetland is not technically an avoidance and minimization factor but it should be taken into consideration with the duration and significant degree of these historically ongoing adverse impacts.
In addition, wetland preservation at this location would provide marginal wildlife habitat and would instead provide a seed source for nuisance and exotic species that would potentially adversely affect the neighboring City of Jacksonville conservation lands. This is especially true when taking into consideration their relatively small size; which, when surrounded by post-development infrastructure, significantly limits their viability in the future. Lastly, with respect to project design, this system is located in the topographical low area of the project; which lends itself to the proposed stormwater pond location from an engineering design perspective. If the wetland is avoided, it would require the relocation of the stormwater pond and the loss of over 25% of the townhome units.
Based on the above, it is believed that all avoidance and/or minimization efforts with respect to the project’s direct wetland and surface water impacts have been demonstrated. The permit applicant will leave the ditch along the southern property boundary open to prevent impounding water onto adjacent properties upstream.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“As mitigation for the proposed impacts, the permit applicant will purchase credits from a mitigation bank that serves this area. A functional assessment of the proposed impacts will be provided separately and will be based on either the Wetland Rapid Assessment Procedure (WRAP) or the Uniform Mitigation Assessment Methodology (UMAM) depending on the mitigation bank that is selected.”
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. In the event that the trees on site cannot be cleared prior to species 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 the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), 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 Sal Taylor Creek. 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, address at the letterhead above; by electronic mail at Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179.
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.