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).
If you are interested in receiving an electronic copy of the project drawings associated with this Public Notice for the proposed project described, please send an e-mail to the project manager by electronic mail at Tracy.d.sanders@usace.army.mil.
APPLICANT: Mr. Kevin Kramer
BTI
401 East Las Olas Blvd Suite 1870
Ft. Lauderdale, Florida 33301
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Governors Creek. The project site is located on US Hwy 17 South and South Oakridge Avenue within Sections 03, 04, 19, 20, 21, 29, 30, 32, 33, 34, and 38, Townships 6 and 7 South, Range 26 East, Clay County Florida.
Directions to the site are as follows: West of the intersection of US 17 South and South Oakridge Avenue in unincorporated Clay County, Florida
APPROXIMATE CENTRAL COORDINATES: Latitude 29.9822992°
Longitude -81.857896°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a residential and institutional development.
Overall: The overall project purpose is to develop a single-family and multifamily residential development in southeast Clay County.
EXISTING CONDITIONS: The project review area is approximately 1,856 acres in size and consists of the below vegetative communities:
The Governor’s Parc South site currently supports ten (10) land use types/vegetative communities within its boundaries (Figure 5). These areas were identified utilizing the Florida Land Use, Cover and Forms Classification System, Level III (FLUCFCS, FDOT, January 1999). The Upland land use types/vegetative communities on the site are classified as Open Land (190) (83.3 acres), Sod Farms (242) (928.4 acres), Mixed Rangeland (330) (135.95 acres), Mixed Hardwoods (438) (109.94 acres), Coniferous Plantations (441) (102.69 acres) and Electrical Power Transmission Lines (832) (13.23 acres). The wetland/surface water land use types/vegetative
communities on the site are classified as Streams and Waterways (510) (1.49 acres), Reservoirs less than 10 acres (534) (7.62 acres), Wetland Forested Mixed (630) (295.41 acres), and Vegetated Non-Forested Wetlands (640) (178.22 acres). The following provides a brief description of the land use types/vegetative communities identified on the site.
PROPOSED WORK: The applicant seeks authorization to discharge of fill material into 27.23 acres of freshwater, non-tidal wetlands and 0.37 acres of aquatic resources for the construction of single-family and multifamily residential development and the associated roads, buildings and stormwater management facilities. The applicant has also requested an Approved Jurisdictional Determination by the Corps.
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 subject property has been selected and designed in such a way as to avoid high-quality, ecologically significant wetlands and to minimize those impacts necessary to result in a feasible project. Avoidance and minimization were accomplished by the selection of a site dominated by agricultural pastureland, with minimal connectivity to high-quality natural wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The proposed impacts would result in a UMAM Functional Loss of 20.03 credits. The applicant proposes a combination of onsite permittee responsible mitigation (PRM) in the form of preservation and enhancement) and purchase of mitigation bank credits.
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 couperi) and 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.
The Corps has determined the proposal would have no effect on any Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Black Creek crayfish (Procambarus pictus), Everglade snail kite (Rostrhamus sociabilis plumbeus) and Monarch butterfly (Danaus plexippus).
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 200.06 acres of freshwater, non-tidal wetlands inland of tidal waters and EFH that are utilized by various life stages of various species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Lower Sister Creek, Upper Sister Creek and McQueen Creek. 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 32207 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, Tracy D. Sanders, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Tracy.d.sanders@usace.army.mil; or, by telephone at (904) 232-1171.
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.
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