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 Terri.M.Mashour@usace.army.mil.
APPLICANT: Sheldon Gibbs
City of Jacksonville, Public Works Department
24 North Hogan Street, 10th Floor
Jacksonville, Florida 32202
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Rowell Creek. The project site is located at Logistics Lane; at latitude 30.291531° and longitude -81.880558°; in Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The existing area surrounding the project area consists of a stormwater pond to the east and undeveloped planted pine to the west. The 5.08-acre project site is located within the Cecil Commerce Center area which consists of warehouses and other developments along with a conservation corridor of land that is set aside in preservation. The onsite vegetation consists of the following, as identified and classified in accordance with the Florida Land Use, Cover, and Forms Classification System (FLUCFCS; Florida Department of Transportation, 1999):
i. Open Land (FLUCFCS 190; 0.44 ac.±) – This classification is used to describe portions of open areas that were part of the stormwater system along the eastern project boundary.
ii. Upland-Cut Ditch (FLUCFCS 511; 0.04 ac.±) – This classification describes ditches along the eastern project boundary that are surrounded by upland areas. When the ditch was permitted for construction, it was constructed within uplands.
iii. Wetland-Cut Ditch (FLUCFCS 512; 0.01 ac.±) – This classification describes ditches along the eastern project boundary that are bordered by wetlands.
Permitted Stormwater Pond (FLUCFCS 534; 0.04 ac.±) - This classification describes portions of the project area that intersect with the permitted stormwater pond servicing First Coast Expressway.
iv. Wetland Forested Mixed (FLUCFCS 620; 3.76 acres±) – This classification describes a majority of the project area. The canopy is predominantly slash pine (Pinus elliottii) while the shrub and groundcover vegetation include bitter gallberry (Ilex glabra), St. Johns wort (Hypericum spp.), sphagnum moss (Sphagnum spp.), Virginia chain fern (Woodwardia virginica), and cinnamon fern (Osmunda cinnamomea).
PROJECT PURPOSE:
Basic: The basic project purpose is transportation.
Overall: The overall project purpose is to extend Logistics Lane to connect to the authorized Raptor Stone project area to the north at Cecil Commerce Center, Duval County, Florida.
PROPOSED WORK: The applicant requests authorization to place 22,833-cubic-yards of fill into 3.85-acres of aquatic resources (3.76-acres of palustrine forested wetlands, 0.04-acre of upland cut ditch, 0.01-acre of wetland cut ditch, and 0.04-acre of stormwater pond) for extension of a roadway to connect Logistics Lane to a previously permitted Raptor Stone project area to the north. The applicant has requested an approved jurisdictional determination for the ditch impacts that the Corps will review.
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 project was designed in a manner to avoid wetland impacts to the greatest extent practicable. Proposed wetland impacts are to extend the existing Logistics Lane and any necessary grading. The proposed impacts are located next to existing highway and roadway infrastructure that sees heavy traffic. In addition, these wetlands were generated from the extent of development nearby the project site as they were previously depicted as uplands in historic FLUCFCS maps. The wetland has altered hydrology from the adjacent surface water management systems and includes only pine and groundcover species such as St. Johns Wort leading to a lower quality system than surrounding areas of the project. Further, the “no action” alternative and the entire avoidance of impacts to aquatic resources are not practical and would prevent the construction of the proposed roadway. The proposed site plan avoids high-quality wetland impacts to wetlands proposed for a mitigation corridor. In addition, the applicant proposes a mitigation plan that utilizes regionally significant mitigation that provides regional ecological value and that provides greater long-term ecological value than the area of wetland to be adversely affected.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “Approximately 3.76 acres of jurisdictional wetland impacts are proposed as part of this project. The applicant proposes compensatory mitigation through the purchase of mitigation credits from an approved bank.”
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.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), National Marine Fisheries Service (NMFS) ESA Section 7 Mapper, and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi) based on programmatic key. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana) based on programmatic key. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the tricolored bat (Perimyotis subflavus), which is a species that is a candidate for federal listing. In the event that the trees on site cannot be cleared prior to species listing, the Corps will request U.S. Fish and Wildlife Service (USFWS) concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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), monarch butterfly (Danaus plexippus), Red-cockaded Woodpecker (Dryobates borealis), Whooping Crane (Grus americana) or any other listed threatened or endangered species or designated critical habitat.
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by Corps.
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.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action would have no substantial adverse on EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). The proposed project is located in freshwater wetlands, which are inland and upstream of tidal waters and EFH. The effects of the project are determined to be minimal and permanent. 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 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 may be required from the St. Johns River Water Management District.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the St. Johns River Water Management District. 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. 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. 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 30, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Terri Mashour at Terri.M.Mashour@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Terri Mashour, 701 San Marco Boulevard, Jacksonville, Florida 32207. 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 by a hearing.
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