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: Jack Healm
The Commercial Range at Amelia LLC
4001 Centurion Way
Fernandina Beach, Florida 32034
WATERWAY AND LOCATION: The project would affect wetlands adjacent to Kingsley Creek. The project site is located at 0 Riverside Drive, at latitude 30.619834° and longitude -81.470400°; in Fernandina Beach, Nassau County, Florida 32034.
EXISTING CONDITIONS: The project site is 3.27 acres in size and is located in a
developed area of south Fernandina Beach. The site is undeveloped and consists of 2.56 acres of Upland Scrub habitat (FLUCFCS Code 436) and 0.65 acres of Wetland Forested Mixed (FLUCFCS Code 630).
PROJECT PURPOSE:
Basic: The basic project purpose is commercial hotel development.
Overall: The overall project purpose is to develop a hotel and associated infrastructure on the southeastern side of Fernandina Beach, Nassau County, Florida.
PROPOSED WORK: The applicant requests authorization to place 1,135 cubic yards
of clean fill into 0.29 acres of forested wetlands for the construction of a hotel and associated infrastructure.
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 has been designed to minimize impacts to the greatest extent possible. However, due to the extent and location of wetlands on-site, complete avoidance of wetland impacts is unavoidable. The site plan was re-worked extensively upon completion of the wetland delineation to reduce the overall impact. Grading footprints were shifted south and east to take advantage of the uplands available, and parking was redesigned to avoid increasing impact.
Previous iterations of the site plan resulted in greater wetland impact and were discounted to allow for the least amount of wetland impact practicable. The grading plan will allow for the proposed residential structures, the proposed attendant features, the connection road, and the proposed storm water retention area.
Pursuant to The Guidelines, the “no-action” alternative, which would not involve dredging or filling in jurisdictional waters, would not allow the project to proceed. Completely eliminating all wetland impacts associated with the project would have significant negative implications for the overall master planning for the Crane Island Development. All wetland impacts will be offset through the purchase of mitigation bank credits, which provide protection to wetlands with longer term, greater ecological value than the wetlands proposed for impact. As proposed and in consideration of the needs of the general public, the action is necessary and represents the Least Environmentally Damaging Practicable Alternative.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant is proposing to fully offset wetland impacts through the purchase of mitigation credits from a regionally significant mitigation bank located within the same cumulative impact basin. Because the mitigation will be located within the same drainage basin as the wetland impact areas, the condition for issuance in Section 10.1.1(g) is satisfied.”
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.
|
IPAC Species List
|
|
Species Name (common (scientific))
|
Federal Status
|
|
Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis)
|
Threatened
|
|
Rufa red knot (Calidris canutus rufa)
|
Endangered
|
|
Monarch butterfly (Danaus plexippus)
|
Proposed Threatened
|
|
Tricolored bat (Perimyotis subflavus)
|
Proposed Endangered
|
|
Whooping crane (Grus americana)
|
Experimental Population, Non-Essential
|
|
Eastern indigo snake (Drymarchon couperi)
|
Threatened
|
|
Green sea turtle (Chelonia mydas)
|
Threatened
|
|
Hawksbill sea turtle (Eretmochelys imbricata)
|
Endangered
|
|
West Indian Manatee (Trichechus manatus)
|
Threatened
|
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 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 may be required from the St. Johns River Water Management District (SJRWMD).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the SJRWMD. 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 19, 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.
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: Jack Healm
The Commercial Range at Amelia LLC
4001 Centurion Way
Fernandina Beach, Florida 32034
WATERWAY AND LOCATION: The project would affect wetlands adjacent to Kingsley Creek. The project site is located at 0 Riverside Drive, at latitude 30.619834° and longitude -81.470400°; in Fernandina Beach, Nassau County, Florida 32034.
EXISTING CONDITIONS: The project site is 3.27 acres in size and is located in a
developed area of south Fernandina Beach. The site is undeveloped and consists of 2.56 acres of Upland Scrub habitat (FLUCFCS Code 436) and 0.65 acres of Wetland Forested Mixed (FLUCFCS Code 630).
PROJECT PURPOSE:
Basic: The basic project purpose is commercial hotel development.
Overall: The overall project purpose is to develop a hotel and associated infrastructure on the southeastern side of Fernandina Beach, Nassau County, Florida.
PROPOSED WORK: The applicant requests authorization to place 1,135 cubic yards
of clean fill into 0.29 acres of forested wetlands for the construction of a hotel and associated infrastructure.
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 has been designed to minimize impacts to the greatest extent possible. However, due to the extent and location of wetlands on-site, complete avoidance of wetland impacts is unavoidable. The site plan was re-worked extensively upon completion of the wetland delineation to reduce the overall impact. Grading footprints were shifted south and east to take advantage of the uplands available, and parking was redesigned to avoid increasing impact.
Previous iterations of the site plan resulted in greater wetland impact and were discounted to allow for the least amount of wetland impact practicable. The grading plan will allow for the proposed residential structures, the proposed attendant features, the connection road, and the proposed storm water retention area.
Pursuant to The Guidelines, the “no-action” alternative, which would not involve dredging or filling in jurisdictional waters, would not allow the project to proceed. Completely eliminating all wetland impacts associated with the project would have significant negative implications for the overall master planning for the Crane Island Development. All wetland impacts will be offset through the purchase of mitigation bank credits, which provide protection to wetlands with longer term, greater ecological value than the wetlands proposed for impact. As proposed and in consideration of the needs of the general public, the action is necessary and represents the Least Environmentally Damaging Practicable Alternative.”
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant is proposing to fully offset wetland impacts through the purchase of mitigation credits from a regionally significant mitigation bank located within the same cumulative impact basin. Because the mitigation will be located within the same drainage basin as the wetland impact areas, the condition for issuance in Section 10.1.1(g) is satisfied.”
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.
|
IPAC Species List
|
|
Species Name (common (scientific))
|
Federal Status
|
|
Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis)
|
Threatened
|
|
Rufa red knot (Calidris canutus rufa)
|
Endangered
|
|
Monarch butterfly (Danaus plexippus)
|
Proposed Threatened
|
|
Tricolored bat (Perimyotis subflavus)
|
Proposed Endangered
|
|
Whooping crane (Grus americana)
|
Experimental Population, Non-Essential
|
|
Eastern indigo snake (Drymarchon couperi)
|
Threatened
|
|
Green sea turtle (Chelonia mydas)
|
Threatened
|
|
Hawksbill sea turtle (Eretmochelys imbricata)
|
Endangered
|
|
West Indian Manatee (Trichechus manatus)
|
Threatened
|
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 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 may be required from the St. Johns River Water Management District (SJRWMD).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the SJRWMD. 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 19, 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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