SAJ-2007-00189(SP-EBK)

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 Emily.B.Keaton@usace.army.mil.

APPLICANT:     Bruce Goodman II

                           Seminole Pointe Development Partners

                          1180 W Peachtree Street NW

             Atlanta, Georgia 30309

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Black Creek Swamp.  The project site is located near Seminole Woods Boulevard; at latitude 29.4210631° and longitude -81.2096801°; in Palm Coast, Flagler County, Florida.

EXISTING CONDITIONS: The project site is 44.31 acres in size and is located in a developed area of south Palm Coast. The site is undeveloped and consists of 31.19 acres of Coniferous Plantations habitat (FLUCFCS Code 441), 1.83 acres of Wetland Forested Mixed (FLUCFCS Code 630), 1.07 acres of Inland Ponds and Sloughs (FLUCFCS Code 616), 3.95 acres of Hydric Coniferous Plantations (FLUCFCS Code 441H), and 6.27 acres of reservoirs (FLUCFCS Code 511).

PROJECT PURPOSE:

Basic: The basic project purpose is mixed use housing and commercial development.

Overall: The overall project purpose is to develop a single-family residential

Subdivision and commercial development that would accommodate a minimum of 474 (470 residential and 4 commercial) lots on the south side of Palm Coast, Flagler County, Florida.

PROPOSED WORK:  The applicant requests authorization to place 44,825-cubic-yards of clean fill into 4.804 acres of aquatic resources (3.884-acres of palustrine forested wetlands, 0.44-acres of pond impacts, and 0.48 acres of ditch impacts) for the construction of a single-family residential subdivision and commercial development with associated infrastructure. The proposed work would result in the construction of 470 residential units and 4 commercial units.

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 co-applicants have eliminated and reduced wetland impacts to the greatest extent practicable for the proposed project. Wetland impacts will be incurred for construction of the residential development, retail development, access roads, parking lots, stormwater facilities, and associated infrastructure. All impacts have been minimized to the greatest extent possible while meeting site geometry requirements. In general, the large basin swamp wetland system located on the western boundary of the proposed project possesses old growth trees, relatively natural hydrologic conditions, sufficient connectivity to WOTUS, and appropriate vegetative assemblages. Impacts to higher quality, basin swamp wetlands have been minimized and avoided to the greatest extent practicable. Jurisdictional wetlands proposed for impact are generally lower in quality, have been previously altered, and provide diminished functions and values to the watershed. Through the utilization of the above-mentioned activities, approximately 1.01 acres of wetland habitat located within the project boundary will not be impacted by proposed activities and will remain following completion of construction. Wetlands that will remain after construction are contiguous with large wetland systems to the south of the site.”

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

“The co-applicants propose to purchase regionally significant credits from an in-basin (HUC 03080103) mitigation bank to offset functional loss associated with the construction of the proposed project.”

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: 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) Southeast Region 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. The Corps is the lead Federal agency

for ESA consultation for the proposed action. Any required consultation will be completed by the Corps.

This notice serves as request to the U.S. Fish and Wildlife Service and National Marine Fisheries 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 forested freshwater wetlands, which are inland of 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 (WQC) may be required from the Florida Department of Environmental Protection (FDEP).

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 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 October 11, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs/public-notices or to Brooke Keaton at Emily.B.Keaton@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Brooke Keaton, Permits Section, P.O. Box 4970 Jacksonville, Florida, 32232. 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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