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):
APPLICANT: First Coast Energy, LLP
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the development of a Daily’s convenience store and gasoline station. The project site is located in the southwest quadrant of the intersection of Longleaf Pine Parkway and Veterans Parkway in Saint John’s County, Florida.
Directions to the site are as follows: From Jacksonville, take I-9B south to the exit to Saint John’s Parkway north. Travel north on Saint John’s Parkway approximately 0.25 and turn left on Longleaf Pine Parkway. Travel west on Longleaf Pine Parkway approximately 2.25 miles to the intersection of Longleaf Pine Parkway and Veterans Parkway. The project is located in the southwest quadrant of the intersection.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.0842°
Longitude -81.5693°
PROJECT PURPOSE:
Basic: Commercial Development
Overall: Convenience Store and Gasoline Station Development
EXISTING CONDITIONS: The wetland system consists of a wetland pine plantation and a wetland mixed forest freshwater system. The onsite vegetation consists of a mixture of coniferous and broadleaf species. The applicant has identified Slash Pine, Pond Cypress, Red Maple, Black Gum, Myrtle Leaf Holly and Sweet Bay. The existing area surrounding the project area consists of open woodlands, housing and commercial developments.
PROPOSED WORK: The applicant seeks authorization to discharge fill into approximately 3.02 acres of wetlands adjacent to Cunningham Creek.
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 states that potential impacts to wetlands were minimized to the greatest extent possible by modifying the original plan to create a smaller overall development and by eliminating a portion of potential fill between the northern boundary and adjacent access driveway. The plan was also modified to eliminate a proposed stormwater pond that would have impacted wetlands at the site. The applicant’s preferred proposal would also minimize impacts to high-quality natural forested wetland by impacting a pine plantation instead of native plant communities. Changes to the original plan would reduce unavoidable losses from 5.20 acres of wetland to 3.02 acres of wetland.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed to purchase wetland credits from a Corps approved wetland bank that serves the project area.
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 proposal would have no effect on any 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. 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 development 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 Saint Paul Permits Section, 4111 Technology Drive NW, Suite 295, Bemidji, Minnesota, 56601 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, Larry Puchalski, in writing at the Saint Paul District Permits Section, 4111 Technology Drive NW, Suite 295, Bemidji, Minnesota, 56601; by electronic mail at Lawrence.S.Puchalski@usace.army.mil; by facsimile transmission at (218)444-6381; or, by telephone at (651)290-5339.
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 Saint John’s 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.
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