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: HH Dunns Crossing LLC
Attn: Mr. John Evasius
120 North Swinton Avenue
Delray Beach, Florida 33444
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Half Creek and West Branch. The project site is located at 5135 Dunn Avenue (Duval Property Appraiser Property Identification Number 020007-0000), in Section 5, Township 1 South, Range 26 East, Jacksonville, Duval County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.447785°
Longitude -81.722330°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the establishment of a residential subdivision in northwest Jacksonville.
EXISTING CONDITIONS:
General: The project site encompasses approximately 238.6 acres in the northwest quadrant of the intersection of Dunn Avenue and Interstate 295. In 2004, the Corps issued SAJ-2003-05353 to Dunn Avenue Development Company, Inc., which established the Dunns Crossing subdivision. That permit included limited wetland impacts for an unimproved trail road to access the subject property for silvicultural purposes. In 2006, the Corps issued SAJ-2006-00759 to Cayon Development, which authorized the construction of a residential development identified as Cypress Creek Reserve on the subject property. Cayon Development did not implement that work.
Soils: The Soil Survey of City of Jacksonville, Duval County, Florida [U.S. Department of Agriculture – Natural Resource Conservation Service (NRCS)], identifies eight soil types at the project site. These soil types are Mascotte fine sand (map unit 38); Pelham fine sand (map unit 51); Sapelo fine sand (map unit 63); Surrency loamy fine sand, depressional (map unit 66); Surrency loamy fine sand, frequently flooded (map unit 67); Urban land (map unit 69); Yulee clay, frequently flooded (map unit 79); and Yulee clay, depressional (map unit 86).
Vegetative Communities: The project site encompasses six communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
1. Hardwood-Coniferous Mixed (FLUCFCS code 434): This community is a small naturalized upland community located in the northwest portion of the property, adjacent to Half Creek. This area is dominated by a canopy of live oaks (Quercus virginiana), slash pine (Pinus elliottii), loblolly pine (Pinus taeda), and southern magnolia (Magnolia grandiflora). Subcanopy species include sweetgum (Liquidambar styraciflua) and red maple (Acer rubrum). Groundcover vegetation is dominated by saw palmetto (Serenoa repens).
2. Coniferous Plantation (FLUCFCS code 441): The majority of the on-site uplands have been converted to pine plantation. These areas have been planted with slash pine in linear, raised beds. Some portions of the site were timbered and replanted as recently as 2007 while other portions of the site have not been timbered in over 20 years. Canopy species intermixed with the planted slash pine include sweetgum and red maple. Subcanopy species include American holly (Ilex opaca), southern magnolia, and water oak (Quercus nigra). Groundcover within the older pine stands includes dense saw palmetto, muscadine grape (Vitis rotundifolia), bracken fern (Pteridium aquilinum), and bitter gallberry (Ilex glabra). Groundcover in the younger pine stands typically includes broomsedge (Andropogon virginicus), bracken fern, and young bitter gallberry.
3. Hydric Coniferous Plantation (FLUCFCS code 441H): Throughout the site, wetland areas have been bedded and planted with slash pine as part of the ongoing silviculture operations. These areas are typically located around deeper wetland systems. Subcanopy species within these areas typically include loblolly bay (Gordonia lasianthus), sweetgum, and red maple. Groundcover vegetation includes sparse bitter gallberry, fetterbush (Lyonia lucida), Virginia chainfern (Woodwardia virginica), netted chainfern (Woodwardia areolata), cinnamon fern (Osmunda cinnamomea), wood oats (Chasmanthium latifolium), royal fern (Osmunda regalis), and sphagnum moss (Sphagnum spp.). Bald cypress (Taxodium distichum) and blackgum (Nyssa biflora) saplings are scattered throughout wetter portions of this community.
4. Stream and Lake Swamps (FLUCFCS code 615): This community is used to describe on-site wetlands associated with Half Creek and its channelized tributaries. These wetlands have a closed canopy of loblolly bay, blackgum, bald cypress, sweetgum, water oak, laurel oak (Quercus laurifolia), loblolly pine, and sweetbay (Magnolia virginiana). Groundcover vegetation includes fetterbush, Virginia chainfern, netted chainfern, royal fern, saw palmetto, wax myrtle (Myrica cerifera), and pipestem (Agarista populifolia).
5. Cypress (FLUCFCS code 621): Two cypress domes are found in the northwestern portion of the property. These domes are connected to other contiguous wetlands by manmade drainage ditches. The canopy within these areas is dominated by bald cypress. Other canopy species include loblolly pine, sweetbay, and blackgum. Groundcover and subcanopy species within these areas include wax myrtle, fetterbush, Virginia chainfern, royal fern, and cinnamon fern.
6. Wetland Forested Mixed (FLUCFCS code 630): Several wetland areas contain a mixture of hardwood and coniferous species where neither has established dominance. Dominant canopy species include loblolly pine, sweetgum, red maple, slash pine, blackgum, bald cypress, sweetbay, laurel oak, and water oak. Groundcover species within these wetlands includes bitter gallberry, fetterbush, Virginia chainfern, cinnamon fern, netted chainfern, pipestem, St. John’s wort (Hypericum spp.), and broomsedge (Andropogon virginicus).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 5.92 acres of wetlands to facilitate the establishment of a residential subdivision, including site the infrastructure and stormwater treatment ponds.
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:
Previous permitting efforts were abandoned prior to St. Johns River Water Management District (SJRWMD) permit issuance because a large portion of the project area was identified as having unsuitable soil materials for proper stormwater treatment. The current site plan has taken these factors into account and has placed stormwater ponds in areas where suitable soils are located. In addition, recent changes to the Federal Emergency Management Agency (FEMA) base flood elevation require that the lots be higher, requiring more lot fill, in return requiring more lot slope. These alterations to the previously proposed pond sites and lot elevations have required a reconfiguration of the site leading to additional wetland impacts from previous permitting efforts. Lot widths and open spaces were determined based on current real estate trends and City of Jacksonville requirements. In consideration of this information, the applicant believes that the project avoids and minimizes work affecting wetlands to the maximum extent practical.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant’s ecological agent submitted a Wetland Rapid Assessment Procedure (WRAP) quantifying and qualifying the loss of wetland functions and services associated with the work proposed. The WRAP calculated that loss as 3.66 units. Therefore, compensatory mitigation would be accomplished through the purchase of 3.66 federal mitigation bank credits from a federally approved WRAP-based mitigation bank. Negotiations with mitigation providers are currently underway, the name of the mitigation bank will be provided upon selection.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
Wood Stork (Mycteria americana): The project site is within the core foraging area of two Wood Stork colonies (Pumpkin Hill – 594105 and Jacksonville Zoo). Therefore, this species might utilize (be present at) the project site. 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-no effect. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of no effect based on the key for Wood Storks; and, that no additional consultation is necessary.
Eastern Indigo Snake (Drymarchon corais couperi): This species frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Therefore, this species might utilize (be present at) the project site. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. A recent survey of the project site identified five active/inactive gopher tortoise burrows on the overall property. In consideration of the potential presence of eastern indigo snake habitat, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the sequence A-B-C-D-E-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.
Red Cockaded Woodpecker (Picoides borealis): The project site is approximately 12 miles from the nearest identified nest or cluster location for Red Cockaded Woodpecker; and, within the consultation area identified by the FWS and the Corps for this species. Therefore, this species might utilize (be present at) the project site. Habitat for Red Cockaded Woodpecker typically incorporates mature pine woodlands (not wetlands); and, optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass and shrub species. Nesting and roosting occur in cavity trees that are almost exclusively old, living, flat-topped pine trees. The project site does not encompass typical or optimum habitat; or, trees capable of supporting cavities. Further, as significant forested habitat is located near the project site, it is likely that this species would only opportunistically forage at the site, which the development of the site would not preclude. Therefore, the Corps concludes that the project would have no effect on this species.
The Corps executed a Resources At Risk (RAR) report. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. 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 other federally listed threatened or endangered species.
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 project would not affect marine or estuarine habitat nor EFH. Our initial determination is that the proposed action would not have an adverse impact on EFH or federally managed fisheries in Trout River or St. Johns River. 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.
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 been verified by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
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, Post Office Box 4970, Jacksonville, Florida 32232 within 21 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, Mark R. Evans, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at mark.r.evans@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028.
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. 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.
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.
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.