SAJ-2024-03885(SP-CMM)

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 Christy.M.Morgan@usace.army.mil.

APPLICANT: Ross Puzzitiello

                      Pecan’s Envy, LLC

                     1810 Mariner Drive #405

                     Tarpon Springs, Florida  34689-5821

WATERWAY AND LOCATION: The project would affect waters of the United States associated with freshwater forested wetlands and Seaton Creek, which drain into Nassau River, a navigable water.  The project site is located west of Interstate 95 and north of Pecan Park Road; at latitude 30.53670° and longitude -81.64350°; in Jacksonville, Duval County, Florida. 

EXISTING CONDITIONS: The proposed project area (374.9 acres) consists of Residential Low Density (FLUCFCS 110), Pine Flatwoods (FLUCFCS 411), Pine Plantation (FLUCFCS 441), Hardwood-Conifer Mix (FLUCFCS 434), Bottomland (FLUCFCS 615), and Wetland Forested Mixed (FLUCFCS 630), as classified according

to the Florida Department of Transportation's Florida Land Use, Cover and Forms

Classification System (FLUCFCS, 1999).  

The Bottomland community has a wide variety of predominantly hardwood species, of which some of the more common components include red maple (Acer rubrum), river birch (Betula nigra), water oak (Quercus nigra), sweetgum (Liquidambar styraciflua), blackgum (Nyssa sylvatica var. biflora), water hickory (Carya aquatica), and water ash (Fraxinus caroliniana).  Associated species include cypress (Taxodium spp.), slash pine (Pinus elliottii), and loblolly pine (Pinus taeda).  The Wetland Forested Mixed community has a mixed canopy of slash pine, sweet bay magnolia (Magnolia virginiana), sweetgum (Liquidambar styraciflua), blackgum (Nyssa sylvatica var. biflora), bald cypress (Taxodium distichum), cabbage palm, and dahoon holly (Ilex cassine).  The understory and ground cover are vegetated with fetterbush (Lyonia lucida), bitter gallberry (Ilex glabra), cinnamon fern (Osmunda cinnamomea), and Virginia chain fern (Woodwardia virginica).

PROJECT PURPOSE:

Basic: To construct a residential development.

Overall: To construct a single-family residential subdivision, associated infrastructure, and stormwater management system in Jacksonville, Florida.

PROPOSED WORK:  The applicant requests authorization to permanently discharge fill material into approximately 24.4 acres of wetlands for the construction of a residential subdivision and associated infrastructure.  The project would include roads and/or bridges to access the subdivision.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: During project planning and design, the applicant revised the proposed residential development layout to reduce the overall acreage of impact to aquatic resources.  Through these design modifications, the total proposed impacts were reduced from approximately 39.0 acres to approximately 24.4 acres.  In addition, all prudent and necessary steps will be taken during construction, and for the duration of the project, to ensure that no adverse impacts to water quality will occur.  This may include, but is not limited to, siltation curtains, synthetic hay bales, and floating turbidity screens as necessary.  All newly exposed surfaces will be seeded or sodded as soon as practicable.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant plans to purchase mitigation bank credits. At this time, the applicant has not determined which mitigation bank will be used, nor whether the bank will offer WRAP or UMAM credits. A comprehensive analysis will be submitted at a later date.

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) 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.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as a 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 may be required from the Florida Department of Environmental Protection.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP.  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 regulations 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, aesthetics, 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 July 6, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs.  Alternatively, you may submit written comments through the Sacramento District (on behalf of the Jacksonville Permits Section) to Christy Morgan, 1325 J Street, Room 860, Sacramento, California 95814-2922.  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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