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: Estate of Charles H. Jones
c/o Dwight Jones
972 Wesleyan Drive
Macon, GA 31210
WATERWAY AND LOCATION: The project would affect aquatic resources associated with a tributary which flows into Plummer Creek. The project site is located immediately northwest of the I-95/A1A Highway interchange in Section 41, Township 2 North, Range 26 East, within unincorporated Nassau County Florida.
Directions to the site are as follows: From Jacksonville take I-95 North to exit 373 Route 200, turn west on Route 200. The project site is on the right, approximately 500 feet off the exit next to the BP gas station.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.6208°
Longitude -81.6531°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide affordable alternative housing options.
Overall: The overall project purpose is to develop a multi-family housing development along with associated infrastructure within a suitable location to accommodate this rapidly growing population in Yulee, Nassau County.
EXISTING CONDITIONS: The wetland system consists of a freshwater, non-tidal system adjacent to the unnamed tributary which flows to Plummer Creek. The onsite vegetation consists of an upland forested pine plantation forest, historically used as a silvicultural site for growing timber interspersed with mixed wetland hardwood areas, hydric pine flatwoods, and a two drainage features. The existing area surrounding the project area consists of undeveloped, development in progress, roadways, and an established BP gas station.
PROPOSED WORK: The applicant seeks authorization to place clean fill material directly into 5.89 acres of wetland features on site. Impacts to these wetlands are to facilitate the construction of a multi-family housing development.
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 plan has been designed in such a way as to efficiently use the uplands on site. Even with this efficiency, the initial site plan, after careful and judicious revisions, has been reduced from 7.42± Ac to 5.89± Ac, a clear demonstration of Avoidance and Minimization by the applicant. However, because of the location and formation for the wetlands, it is not feasible, practical, or economically viable to reduce the wetland impacts further.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation for the proposed wetland impacts will be provided in the form of wetland mitigation bank credits. These credits will come from the Nassau River basin. As such, this project will result in no net loss of wetland functional value. All proposed mitigation has previously been determined to provide regionally significant ecological value and should be considered of greater long-term ecological value than the wetlands proposed for impact. The applicant proposes to purchase 4.850 wetland credits, required by the SJRWMD (which includes secondary impacts). The total project functional loss of 3.266 was calculated using the Wetland Rapid Assessment Procedure.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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 (Drymarchon corais couperi), Tricolored Bat (Perimyotis subflavus), and Wood Stork (Mycteria Americana). 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.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207within 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, Christopher J. Hopfinger, in writing at the St. Louis Permits Section (SAJ-Support), 1222 Spruce Street, St. Louis, Missouri, 63103; by electronic mail at Christopher.J.Hopfinger@usace.army.mil; by facsimile transmission at (314) 331-8738; or, by telephone at (314) 331-8171.
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. The project is being reviewed under ERP App. No 184584-01.
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.