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SAJ-2018-03631 (SP-KMD)

Jacksonville District
Published April 28, 2025
Expiration date: 5/28/2025

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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at eva.a.zaki- dellitt@usace.army.mil and kagan.m.davis@usace.army.mil

 

APPLICANT: Garret Walton

YRR, LLC.

2065 Semoran Drive

Pensacola, FL 32503

 

AGENT:               Chris Bosso

UES Professional Solutions, LLC 3298 Summit Boulevard, Suite 44

Pensacola, FL 32503

 

 

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Yellow River. The project area is located east of Elvis Presley Road and adjacent to Trail Ridge Road in Section 21, Township 01 North, Range 27 West; at Latitude: 30.581772 and Longitude: -86.952940; Milton, Santa Rosa County, Florida.

 

EXISTING CONDITIONS: The site consists of open pasture and ditched wetlands. The site is bounded by open pasture and farmland to the west, open pasture and forested wetlands to the south, and residential developments to the east. On-site wetlands exist within historically ditched areas that drain to natural wetlands. Onsite vegetation was classified as Hay Fields (2153) (111.40-acres) and Other Groves (Pecan, Avocado, Coconut, Mango, etc.) (2230) (5.20-acres) using Florida Land Use, Cover and Forms Classification System (FLUCCS) Land Use Codes.

 

PROJECT PURPOSE:

Basic: Residential Development

Overall: Construction of a residential development to meet the growing demand for housing in Santa Rosa County.

PROPOSED WORK: The applicant requests authorization for the fill of 2.78-acres of wetlands.

 

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

 

The proposed design incorporates stormwater ponds and lakes that will intercept this water, treat, attenuate, and slowly release. The conceptual design will improve water quality in downstream environments. Additionally, the construction will require and be conducted under an NPDES authorization utilizing Best Management Practices (BMP’s) with focus on preventing off-site sedimentation and turbidity. Additionally, the impacts are limited to man-made ditches that otherwise carry untreated run-off to natural wetlands south of the project site.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant proposes compensatory mitigation for impacts to the Phase III wetlands through the purchase of mitigation credits from Garcon Peninsula Mitigation bank, LLC.

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, federally recognized tribes and other interested parties.

 

ENDANGERED SPECIES: This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

 

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

 

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the Florida Department of Environmental Protection (FDEP) and was issued by Northwest Florida Water Management (NWFWMD) district on August 18, 2023, Permit Number: IND-113-16987-7.

 

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from NWFWMD. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

 

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are

 

also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

 

The Jacksonville District will receive written comments on the proposed work, as outlined above, until May 25, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Kagan Davis at kaga.m.davis@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Kagan Davis, 700 W Capitol Avenue, Little Rock, Arkansas 72201. Please refer to the permit application number in your comments.

 

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served

 

 

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