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) as described below:
APPLICANT: Zachary Favre
1722 Hammock Circle West
Jacksonville, Florida 32225
WATERWAY AND LOCATION: The project would affect forested freshwater mixed wetlands adjacent to waters of the United States associated with Pablo Creek (Intracoastal Waterway). The project site is located at 0 San Pablo Drive North (Duval County Property Appraiser – Parcel Identification Number 177277-3504), in Section 31, Township 2 South, Range 29 East , Jacksonville, Duval County, Florida.
Directions to the site are as follows: Traveling from Jacksonville take I-95 S to Fl-202 E. Follow FL-202 E for 8.6 miles to San Pablo Rd. Take San Pablo Rd for approximately 3 miles and take a right onto San Pablo Drive. Turn left onto San Pablo Drive North and the site will be on the left.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.25951°
Longitude -81.4362°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a private residential single-family home.
Overall: The overall project purpose is to construct a private residential single-family home on San Pablo Drive North, Jacksonville.
EXISTING CONDITIONS:
a. General: The subject property is approximately 0.28-acres in size. The property is bordered to the south by San Pablo Drive North, to the west by a single-family lot, and to the north and east by undeveloped land.
b. Topography: The City of Jacksonville’s GIS website depicts the existing topography of the property based on Lidar. The land slopes downhill from south to north with the highest elevation around +5 feet and the lowest elevation at +3 feet towards Pablo Creek.
c. Soils: The Soil Survey of Duval County, Florida indicates the following soil types within the property:
Boulonge fine sand, 0 to 2 percent slopes (14) - Boulogne fine sand, 0 to 2 percent slopes – This consists of poorly drained soils located on flatwoods in the Lower Coastal Plain. It is derived from sandy marine sediments that formed linear shapes ranging from 3 to 50 acres in size. Typically, the surface layer of the Boulogne fine sand is gray fine sand about 6 inches thick. The upper 10 inches of the subsoil is weakly developed, dark organic stained, brown fine sand that is coated with organic matter. The next 15 inches is very pale brown fine sand. The lower part of the subsoil, to a depth of 80 inches, is dark organic stained fine sand that is coated with organic matter. This part is dark reddish brown to a depth of 39 inches and black below this depth. Boulogne soils are slowly permeable. Generally, the high-water table is at a depth of 6 to 8 inches.
d. Vegetative Communities: The existing vegetative communities have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) described below.
Open Land (FLUCFCS 190) 0.02 acre - The property contains a strip of upland along the southern boundary abutting the right-of-way of San Pablo Drive North. This area appears to be old fill that was deposited decades ago when San Pablo Drive North was originally built. Vegetation in this area includes such species as paper mulberry (Broussonetia papyrifera), cabbage palm (Sabal palmetto), muscadine grape (Vitis rotundifolia), and bracken fern (Pteridium aquilinum).
Wetland Forested Mixed (FLUCFCS 630) 0.26 acre - Most of the property comprises forested mixed wetlands. The canopy in this area includes such species as blackgum (Nyssa sylvatica var. biflora), loblolly bay (Gordonia lasianthus), red maple (Acer rubrum), and scattered slash pine (Pinus elliottii). The ground cover includes such species as fetterbush (Lyonia lucida), royal fern (Osmunda regalis), Virginia chain fern (Woodwardia virginica), and sphagnum moss (Sphagnum sp.).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill over 0.11 acres (640 cubic yards) of forested freshwater mixed wetlands adjacent to waters of the United States associated with the Pablo Creek for the development of a private residential single-family home and associated infrastructure.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
Proposed wetland impacts have been avoided and minimized to the maximum extent practicable. There is an existing swale between the developed lot to the west and the proposed project to assist with stormwater outfall. Best management practices, such as silt fencing, would be utilized prior to and during construction activities.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposed to purchase 0.62 palustrine forested credits from a federal mitigation 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, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
On 29 March 2023, the Corps executed an RAR report. The RAR indicated that the Information for Planning and Consultation (IPAC) species that are found within Duval County could include the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Red knot (Calidris canutus rufa), Red-cockaded woodpecker (Picoides borealis), Whooping crane (Grus americana), green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), and loggerhead sea turtle (Caretta caretta). These species’ ranges do not include this area or habitat to support these species is not found on site. Therefore, routes to effects for these species were not reviewed. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any federally listed threatened or endangered species, other than those mentioned above. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any federally listed, threatened, or endangered species, other than those mentioned above.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood stork (Mycteria americana) and Eastern indigo snake (Drymarchon couperi) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Wood Stork (Mycteria americana): The project site is approximately 18.1 miles from the Jacksonville Zoo Wood Stork Colony, therefore, the Corps evaluated potential effects to this species. The work proposed would not affect suitable foraging habitat (SFH). In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for Wood Storks; and, that no additional consultation is necessary.
Eastern indigo snake (Drymarchon corais couperi): The proposed work is connected to an upland area; therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The proposal would impact approximately 0.11 acres of freshwater forested wetland adjacent to waters of the United States associated with Pablo Creek utilized by various life stages of shrimp, snapper grouper, windowplane flounder, and clearnose skate. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Pablo Creek. 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 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 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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 jurisdictional line has not been verified by Corps personnel.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232 within 30 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Janice Price, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232; by electronic mail at Janice.R.Price@usace.army.mil; by facsimile transmission at (904)232-1904; or, by telephone at (904)2551-9193.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
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.
The US Army Corps of Engineers (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 also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 16-0396180-001-EI.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.