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: Coastland Group, LLC.
Attention: Christopher Goodin
200 First Street
Neptune Beach, Florida 32266
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Ninemile Creek, which flows into the Trout River. The project site is located at 6930 and 6950 Garden Street, Section 13, Township 1 South, Range 25 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel south towards Adams Street and turn right. Turn right on Ocean Street and turn left onto E State Street. Continue straight onto US-17 and merge into I-95. Take exit 365B toward Lem Turner Road, merge onto FL-117 and continue onto FL-115N. Turn left onto Trout River Boulevard. Continue to Garden Street, the destination will be on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude: 30.4136°
Longitude: -81.7615°
PROJECT PURPOSE:
Basic: Housing
Overall: The applicant has stated that the purpose of the proposed action is to provide housing in Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of wetlands, streams, ditches, ponds. The boundaries of aquatic resources on the project site have not yet been verified by the Corps. The existing vegetative communities and land uses have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) as described below.
Uplands 12.66 acres
1. Pine Flatwoods (FLUCFCS 411) 10.28 acres: Most of the uplands comprise pine flatwoods. The canopy in these areas is dominated by loblolly pine (Pinus taeda) and slash pine (P. elliottii) along with scattered hardwoods such as water oak (Quercus nigra), laurel oak (Q. laurifolia) and southern magnolia (Magnolia grandiflora). The canopy abutting the main wetland also has such species as pignut hickory (Carya glabra) and live oak (Quercus virginiana). The shrub layer and ground cover vegetation are dominated by such species as saw palmetto (Serenoa repens), bitter gallberry (Ilex glabra) and bracken fern (Pteridium aquilinum).
2. Residential (FLUCFCS 110) 1.54 acres: The northern end of the property contains two single family houses with adjacent areas of yard.
3. Open Land (FLUCFCS 190) 0.84 acre: The property contains an area adjacent to the western boundary that is a regularly mown field vegetated with such species as bahia grass (Paspalum notatum) and broomsedge (Andropogon sp.).
Wetlands and Other Surface Waters 4.861 acres
1. Stream and Lake Swamps (FLUCFCS 615) 3.531 acres: The main wetland onsite comprises a section of an unnamed headwater of Ninemile Creek that drains from the northwest to the southeast and then continues offsite. There is a narrow channel in the middle of this wetland with areas on either side that are relatively flat and regularly holds shallow puddled water during the rainy season. The upper edges of this wetland comprise seepage slopes that have a seasonal high water table at or near the ground surface. The canopy in the deeper wetland includes such species as pond cypress (Taxodium ascendens), blackgum (Nyssa sylvatica var. biflora), red maple (Acer rubrum), and sweet bay (Magnolia virginiana). The canopy along the upper edges includes such species as laurel oak, water oak, sweetgum (Liquidambar styraciflua), American holly (Ilex opaca), and loblolly bay (Gordonia lasianthus). Shrub layer and ground cover vegetation includes such species as dwarf blue stem (Sabal minor), cinnamon fern (Osmunda cinnamomea) and Virginia chain fern (Woodwardia virginica). The lower portions of the wetland also contain such species as Virginia willow (Itea virginica), royal fern (Osmunda regalis) and iris (Iris sp.).
2. Wetland Forested Mixed (FLUCFCS 630) 0.91 acre: The property contains four areas that comprise seepage slope wetlands that have a mixture of loblolly pine and such hardwoods as sweetgum and loblolly bay. The ground cover in these areas includes such species as cinnamon fern and netted chain fern (Woodwardia areolata).
3. Ponds (FLUCFCS 524) 0.40 acre: The property contains two man-made ponds. Pond P1 is isolated and completely surrounded by uplands. Pond P2 is bordered by uplands to the north and east and is separated from the adjacent wetland to the west and south by a narrow berm of upland fill. P2 is connected to the adjacent wetland by culverts near the northwestern and southeastern corners.
4. Ditch (FLUCFCS 510) 0.02 acre: A small section of upland-cut, man-made ditch is located along the eastern property boundary near the northeast corner of the site. This section of ditch appears to be completely isolated and may serve as a roadside ditch for an unimproved section of Iowa Avenue
The existing area surrounding the project area is bound on the north by Garden Street, on the east and west by residential developments, and on the south by railroad tracks and vacant land.
PROPOSED WORK: The applicant seeks authorization to place 4,100-cubic-yards of fill into 1.32-acres of waters of the United States including 0.90 acres of wetlands, 0.41 acres of ponds, and 0.01 acre of ditch for construction of a residential subdivision and associated infrastructure. An Approved Jurisdictional Determination has not been verified by this project. Therefore, the Corps has not determined the jurisdictional status of the aquatic resources at this site.
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 was designed to minimize impacts for residential lots. Impacts have been designed for areas at the back corners and edges of lots and in areas of more transitional seepage slope wetlands with pines. A total of 12 lots will require some amount of direct impact. Completely eliminating all of these impacts will reduce the lot yield by 16.7% which would make the project uneconomical to develop.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The proposed direct and secondary impacts have been assessed pursuant to the Uniform Mitigation Assessment Methodology (UMAM) and the Wetland Rapid Assessment Procedure (WRAP). Mitigation for the proposed impacts will be provided through the purchase of either UMAM or WRAP credits from a mitigation bank that serves this same drainage basin.”
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:
Wood stork (Mycteria americana): The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork based on the programmatic key. Therefore, no additional consultation is required.
Eastern Indigo Snake (Drymarchon couperi): The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake based on the programmatic key. Therefore, no additional consultation is required.
Tricolored Bat (Perimyotis subflavus): The action falls within the range for the tricolored bat, which is proposed for listing as threatened or endangered or proposed critical habitat for the species. If the tricolored bat is federally listed as threatened or endangered per the Endangered Species Act and the authorized work has not been completed, the Permittee is required to stop work and ask the Corps to re-evaluate the effects of the permitted action on the tri colored bat, and if needed, complete Section 7 consultation with the United States Fish and Wildlife Service to address potential impacts to the tricolored bat.
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), Loggerhead Sea Turtle (Caretta caretta), 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): 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 project work is located in palustrine forested wetlands, which are inland and upstream of tidal waters and EFH. 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 Sacramento District, Utah Permits Section at 533 West 2600 South, Suite 150, Bountiful, Utah 84128; by electronic mail at Nicole.D.Fresard@usace.army.mil 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, Nicole Fresard, in writing at the Sacramento District, Utah Permits Section, address at 533 West 2600 South, Suite 150, Bountiful, Utah 84128; by electronic mail at Nicole.D.Fresard@usace.army.mil; or, by telephone at (801) 295-8380 Extension 8321.
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: WQC 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.