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: Justin Dudley
Pulte Home
12724 Gran Bay Parkway West, Suite 200
Jacksonville, FL 32256
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the St. Johns River. The project site is located at Section 39, Township 5 South, Range 27 East, St. Johns County, Florida.
Directions to the site are as follows: The project area is located 0.65-miles west of the intersection of Longleaf Pine Parkway and Greenbriar Road or 1.5-miles east of the intersection of State Road 13 N and Green Briar Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.047079°
Longitude -81.636387°
PROJECT PURPOSE:
Basic: The basic purpose is residential development.
Overall: The overall purpose of this project is to develop single-family housing, infrastructure and a stormwater management system. The housing is split into two (2) target groups: normal single-family housing and active adult (i.e. 55+ housing).
EXISTING CONDITIONS: The proposed project area (963.38 acres) is characterized by four (4) generalized vegetative communities per Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida Department of Transportation (FDOT), State
Topographic Bureau, Thematic Mapping Section, 1999)].
Upland Communities
Pine Plantation/Pine Flatwoods (FLUCFCS 441) – This dominant community has
a canopy of planted slash pine (Pinus elliottii) with an understory and groundcover of bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens) and bracken fern (Pteridium aquilinum).
Trail Road (FLUCFCS 814) – Portions of the site contain silvicultural roads.
Wetland Communities
Upland Cut Ditch (FLUCFCS 510) – This portion of the site contains ditches which drain the uplands and convey water toward the St Johns River.
Wetland Forested Mixed (FLUCFCS 630) – This community has a mixed canopy of red maple (Acer rubrum), bald cypress (Taxodium distichum), blackgum (Nyssa salvatica var. biflora), slash pine, cabbage palm (Sabal palmetto), sweetbay magnolia (Magnolia virginiana), and Chinese tallow. The understory and groundcover are vegetated with dahoon holly (Ilex cassine), buttonbush (Cephalanthus occidentalis), royal fern (Osmunda regalis), Virginia chain fern (Woodwardia virginica), lizard’s tail (Saururus cernuus), beakrush (Rhynchospora spp.), bogbutton (Lachnocaulon spp.), and yelloweyed grass (Xyris spp.).
PROPOSED WORK: The applicant seeks authorization to place fill material into wetlands resulting in direct impacts to 52.434 acres of wetlands. The applicant also proposes to place fill material within 12.54 acres of constructed ditches (approximately 14,132 linear feet). The described impacts are associated with the construction of the Landings at Greenbriar (Phases 1 and 3) and Landings at St. Johns (Phases 2 and 4). The fill material would be placed to construct 2 single-family residential subdivisions, infrastructure and stormwater management systems. Each phase of the proposed project is outlined below:
Phase 1 – Single-Family Residential (The Landings at Greenbriar Ph I):
Phase 1 is located in the northeast corner of the overall subject parcel. This phase would include a single-family residential development, infrastructure and stormwater management system. This phase would include 11.68 acres of fill to 404 jurisdictional wetlands. Adverse impacts to wetlands would be offset with the purchase of 7.79 UMAM federal credits. All wetland impacts associated with Phase 1 would be completed within the initial 5-year permit duration.
Phase 2 – Single-Family Residential Active Adult (The Landings at St Johns Ph I):
Phase 2 is located in the south-central portion of the overall subject parcel. This phase would include a single-family residential development, infrastructure and stormwater management system. This phase would include 12.722 acre of fill to 404 jurisdictional wetlands. Adverse impacts to wetlands would be offset with the purchase of 8.49 WRAP federal credits. All wetland impacts associated with Phase 2 would be completed within the initial 5-year permit duration.
Phase 3 – Single-Family Residential (The Landings at Greenbriar Ph II):
Phase 3 is located in the northeast corner of the overall subject parcel and west of Phase I. This phase would include a single-family residential development, infrastructure and stormwater management system. This phase would include 18.05 acres of fill to 404 jurisdictional wetlands. Adverse impacts to wetlands would be offset with the purchase of 10.10 UMAM federal credits. All wetland impacts associated with Phase 3 would be completed within the initial 15-year permit duration.
Phase 4 – Single-Family Residential Active Adult (The Landings at St Johns Ph II):
Phase 4 is located in the western portion of the overall subject parcel. This phase would include a single-family residential development, infrastructure and stormwater management system. This phase would include 10.34 acres of fill to 404 jurisdictional wetlands. Adverse impacts to wetlands would be offset with the purchase of 6.90 WRAP federal credits. All wetland impacts associated with Phase 4 would be completed within the initial 15-year permit duration.
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 examined several site plans in an effort to minimize on-site wetland impacts. When designing a four (4) phase single-family development of this nature over nearly 1,000 acres, the applicant attempted to utilize all usable uplands prior to proposing any jurisdictional impacts. Thus, the project was designed to the least damaging environmental impact to the wetlands when considered all offsite alternatives and onsite alternatives.
All prudent and necessary steps will be taken during construction, and for the duration
of the project, to ensure that no adverse impacts to water quality will occur. This may
include, but is not limited to, siltation curtains, synthetic hay bales and floating turbidity
screens as necessary. All newly exposed surfaces will be seeded or sodded as soon as
practicable.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To offset the 52.434 acres of freshwater forested wetland impacts, the applicant proposes to purchase 17.868 federal UMAM credits and 15.16 WRAP credits. Upon review and approval of the mitigation plan, the applicant will supply a reservation of credit letter under separate cover. As broken down by phase:
• Pulte Phase 1 (aka The Landings at Greenbriar Ph I) – 7.773 UMAM
• Pulte Phase 2 (aka The Landings at St Johns AA Ph I) – 8.49 WRAP
• Pulte Phase 3 (aka The Landings at Greenbriar Ph2) – 10.095 UMAM
• Pulte Phase 4 (aka The Landings at St Johns AA Ph 2) – 6.67 WRAP”
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 Wood Stork (Mycteria americana), Eastern indigo snake (Drymarchon couperi) and the Tricolored bat (Perimyotis subflavus) or their designated critical habitat (if designated). 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 Whooping crane (Grus americana), Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Monarch Butterfly (Danaus plexippus) or their designated critical habitat.
ESSENTIAL FISH HABITAT (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. The proposal would impact approximately 52.434 acres of mixed forested wetlands and 12.54 acres of constructed ditches (approximately 14,132 linear feet) that is inland of tidal waters and EFH of Summer Flounder (juvenile and adult) and Bluefish (adult). 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 Street, 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.