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: Jusatamere Development, LLC
1 San Jose Place, Suite 7
Jacksonville, Florida 32257
WATERWAY AND LOCATION: The project would affect aquatic resources associated with McGirts Creek – Ortega River. The project site is located at 5175 Justamere Road, Section 7, Township 3 South, Range 25 East, in Jacksonville, Duval County, Florida.
Directions to the site are as follows: From I-296 take exit 16 onto 103rd Street, travel west on 103rd street for 4.1 miles. Turn right onto Magnolia Valley Drive for 600 feet and continue onto Justamere Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.249992°
Longitude -81.829864°
PROJECT PURPOSE:
Basic: Housing
Overall: Provide housing to the growing Duval area.
EXISTING CONDITIONS: Based on information provided by the applicant, the project site contains approximately 1.13 acres of freshwater forested wetlands, 0.36 acre of man-made pond, and 0.28 acre of ditches. The boundaries of the wetlands on the project site have not yet been verified by the Corps. The applicant conducted a site assessment of vegetation communities on the site, and identified three vegetation communities in uplands, and four vegetation communities within the wetlands in accordance with the Florida Land Use, Cover and Forms Classification System (FLUCCS), as follows:
Upland Communities
Pine- Mesic Oak (FLCCS 1124) – This vegetative community consisted primarily of slash pine (Pinus elliottii), live oak (Quercus virginiana), saw palmetto (Serenoa repens), and wax myrtle (Morella certifera).
Upland Coniferous (FLCCS 1230) – This vegetative community consisted primarily of slash pine, saw palmetto, gallberry (Ilex glabra), and bracken fern (Pteridium aquilinum).
Rural Structures (FLCCS 1832) – This vegetative community consisted primarily of sparse live oaks and mowed bahia grass (Paspalum notatum) with a single-family home.
Wetlands
Mixed Hardwood-Coniferous Swamps (FLCCS 2240) – This vegetative community consisted primarily of red maple (Acer rubrum), laurel oak (Querus laurifolia), bald cypress (Taxodium distichum), fetterbush (Lyonia lucida), netted chain fern (Woodwardia areolata), and sphagnum moss (Sphagnum spp.).
Artificial/Farm Pond (FLCCS 3210) – This community type consisted of a small pond constructed for the residential property.
Riverine (FLCCS 4000) – This community type consisted of sparse red maple and bald cypress, netted chain fern, and sphagnum moss.
Ditch (FLCCS 4220) – This community type consisted of artificial waterways that have been constructed for drainage.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 1.19 acres of wetlands, 0.36 acre of pond, and 0.28 acre of ditches for the construction of a residential subdivision.
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 not proposed to avoid aquatic resources on the site, and has identified that due to the cost of land and cost of construction, they cannot further reduce or eliminate impacts to aquatic resources on the site. The Corps will be evaluating alternatives to the proposed action to determine the practicability of additional avoidance and minimization.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: In order to compensate for the loss of aquatic resources on the site, the applicant is proposing to purchase 0.50 credits 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:
Based on information provided by the applicant, the Corps has preliminarily determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake (Drymarchon couperi), wood stork (Mycteria americana), Eastern black rail (Laterallus jamaicensis ssp. jamaicensis), red-cockaded woodpecker (Picoides borealis), and the proposed tricolored bat (Perimyotis subflavus). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act, as appropriate. In addition, the Corps has preliminarily determined the proposed project will have no effect on green sea turtle (Chelonia mysas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Demochelys coriacea), and Loggerhead sea turtle (Caretta caretta).
ESSENTIAL FISH HABITAT (EFH): Our initial determination is that the proposed action would not have an adverse impact on EFH. Our final determination relative to project impacts and the need for mitigation measures may be 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 Sacramento District Special Projects Branch, 1325 J Street, Room 860, Sacramento, California 95864, 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, Lisa M. Gibson, in writing at the Sacramento District Special Projects Branch, 1325 J Street, Room 860, Sacramento, California 95864; by electronic mail at Lisa.M.Gibson2@usace.army.mil; or, by telephone at (916)557-5288.
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 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.
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.