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: DEG Investments, Attn: Mr. Brian Small, 4348 Southpoint Boulevard, STE 201, Jacksonville, Florida 32216
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Bennett Branch. The project is located along 14212 Yellow Buffer Road, in Section 23, Township 1 North, 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 right onto Ocean Street. Continue on Ocean Street and turn right onto E Union Street. Continue onto FL-115 S/Arlington Expressway. Take exit for FL-113 North and merge onto I-295 N. Take exit 40 for Alta Drive and take a slight right to merge onto Alta Drive. Continue onto Yello Bluff Road.
APPROXIMATE CENTRAL COORDINATES: Latitude: 30.235831°
Longitude -82.001900°
PROJECT PURPOSE:
Basic: Residential Development
Overall: The applicant identified overall project purpose of the proposed action is to provide housing in Duval County, Florida.
EXISTING CONDITIONS: The existing on-site aquatic resources are mid-quality wetland with an offsite connection through a large ditch to Caney Branch to Dunn Creek, approximately 20,000 feet to the south. Current topography allows for water to flow to this ditch offsite to the southwest. The subject property is bordered to the north by rural residential land, to the east by Yellow Bluff Road, to the south by residential development, and to the west by undeveloped land. 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.
Low Density Urban (FLCCS 1821), 2.62 acres: This land cover classification consisted of a single-family home and other out-buildings.
Upland Coniferous (FLCCS 1230), 7.88 acres: This vegetative community consisted of slash pine (Pinus elliottii), longleaf pine (P. palustris), scattered saw palmetto (Serenoa repens), bitter gallberry (Ilex glabra), and bracken fern (Pteridiam aquilinum).
Mixed Hardwood-Coniferous Swamps (FLCCS 2240), 1.95 acres: This vegetative community consisted of black gum (Nyssa biflora), cypress (Taxodium spp.), slash pine, sweet bay (Magnolia virginiana), loblolly bay (Gordonia lasianthus), fetterbush (Lyonia lucida), sweet gallberry (Ilex coriacea) and Virginia chainfern (Woodwardia virginicus).
Artificial/Farm Pond (FLCCS 3210), 2.36 acres: This land cover classification consisted of two borrow pits.
PROPOSED WORK: The applicant seeks authorization discharge fill material into 1.96 acre of wetlands, and 0.75 acre of ponds and the construction of a 54-unit residential development with associated infrastructure including roadways and a stormwater management system. The applicant proposes to excavate 0.58 acres of wetland, and 1.64 acre of ponds for the construction of the residential development and stormwater system.
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 project has been designed to minimize impacts to jurisdictional wetlands as much as practicable to still have a viable project, which avoids effects and impacts to fish and wildlife. Due to the cost of land and cost incurred with construction, the Applicant needs the proposed development size to create a viable project.
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 offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The proposed project would permanently impact ±1.96 acres of wetlands and ±2.36 acres of artificial pond modification. As mitigation for the proposed wetland impacts, the Applicant would purchase 1.18 mitigation bank credits from TBD Mitigation Bank. The proposed activity will result in no net loss of the artificial ponds through the combination of filling some areas, while excavating others. Total fill is ±0.45 acres relative to the ±1.62 acres of modification to the existing ponds. This modification
does not include the addition to the existing ponds to expand the stormwater system. These are borrowing pit/surface water ponds and do not qualify as wetlands due to lack of vegetation. Therefore, no mitigation is offered for the modification of the onsite ponds.
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 preliminarily determined the proposed project may affect but is not likely to adversely affect the Wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
ESSENTIAL FISH HABITAT (EFH): The project is located within wetlands that are located well inland of waters considered to be EFH; therefore, the Corps initial determination is 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 Delta Permits Section, 1325 J Street, Room 860, Sacramento, CA 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, Kelley Herbel, in writing at the Delta Permits Section, 1325 J Street, Room 860, Sacramento, CA 95816, or by electronic mail at kelley.c.herbel@usace.army.mil, or by telephone at (916) 557-7808.
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.
Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.
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.