TO WHOM IT MAY CONCERN: The Jacksonville District of the U.S. Army Corps of Engineers (Corps) has received an application to modify Department of the Army permit SAJ-2006-01059 pursuant to Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:
APPLICANT: D.R. Horton, Inc. – Jacksonville
Attention: Phillip A. Fremento
4220 Race Track Road
Jacksonville, Florida 32259
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Peters Creek, Peck’s Branch, and Mill Log Creek, which are tributaries to Black Creek. The project site is located south of the intersection of Russell Road and Sandridge Road in Sections 39 and 46, Township 5 South, Range 26 East, Clay County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.042990°
Longitude -81.745779°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the establishment of a residential subdivision serving northeast Clay County.
PROJECT HISTORY: On October 10, 2017, the Corps authorized the discharge of clean fill material over a total of 4.83 acres of wetlands to facilitate the establishment of a residential subdivision. That permit authorized work that accommodated a project design based on projected market demands and costs. As compensatory mitigation for the work affecting wetlands, the Permittee was required to purchase 3.09 palustrine forested federal mitigation bank credits from the Longleaf Mitigation Bank (SAJ-2003-00640). The 3.09 credits have been purchased.
EXISTING CONDITIONS:
a. The Permittee has initiated the project and implemented portions of the previously authorized work affecting wetlands (i.e., discharge of fill material into wetlands).
b. The property encompasses five communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). These communities are Pine-Mesic Oak (FLUCFCS 414), Pine Plantation (FLUCFCS 441), Bay Swamp (FLUCFCS 611), Wetland Forested Mixed (FLUCFCS 630), and Borrow Pits (FLUCFCS 740).
(1) The Pine-Mesic Oak community is located in the southwest corner of the site and is dominated by slash pine (Pinus elliottii), longleaf pine (Pinus palustris), and loblolly pine (Pinus taeda) in association with mesic oaks (Quercus spp.) and other hardwood species. The understory species include gallberry (Ilex glabra), wax myrtle (Myrica cerifera), saw palmetto (Serenoa repens), and wire grass (Aristida stricta).
(2) The Pine Plantation community forms the dominant upland vegetative cover type at the site. Planted bed/row slash pines occur over an understory of gallberry and saw palmetto with scattered woody shrubs and herbaceous plant species.
(3) The Bay Swamp communities occur as two small, depression wetland systems near the northwest property boundary. Loblolly bay (Gordonia lasianthus), swamp bay (Persea palustris), fetterbush (Lyonia lucida), cinnamon fern (Osmunda cinnamomea), and Virginia chainfern (Woodwardia virginica) are the dominant vegetative species in these systems.
(4) The Wetland Forested Mixed community is the dominant vegetative community and occupies approximately half the site. Slash pine, loblolly bay, swamp bay, red maple (Acer rubrum), scattered cypress (Taxodium spp.), scattered black gum (Nyssa sylvatica var. biflora), fetterbush, and Virginia chainfern are the dominant vegetative species in these systems.
(5) Three shallow Borrow Pits are located within the site boundary. Torpedo grass (Panicum repens) dominates the vegetated portions of these shallow borrow pits.
PROPOSED WORK: The applicant seeks authorization to place fill material over an additional 3.73 acres of wetlands to facilitate the construction of a re-designed single-family residential subdivision with associated infrastructure and stormwater management system. The original number of units permitted was 991 single family residences. The proposed number of single-family residences is 1,300, increasing the proposed work by 309 units. The applicant indicates that the additional work is necessary to render the overall project economically viable.
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:
During the initial permitting of Cross Creek, numerous usable uplands were not utilized in the site plan. The proposed “preferred” plan utilizes these upland areas. The “full impact” plan could have utilized additional upland islands. However, the usage would have necessitated additional wetland impacts and thus the applicant reverted to the “proposed/preferred” site plan while trying to demonstrate minimization to the maximum extent practicable while achieving their project purpose.
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 (loss of 3.73 acre of wetlands). The results of the WRAP analysis are a functional loss of 2.65 units. In consideration of the WRAP scores, the applicant has provided compensatory mitigation through the purchase of 2.77 credits from the Longleaf Mitigation Bank.
CULTURAL RESOURCES: The work proposed would modify the residential development associated with a previously authorized Department of the Army permit. The Corps previously determined that work at the site would not affect any cultural/historical resources. The Corps has not received any new information that contravenes the previous determination. Therefore, the Corps concludes that the work proposed does not affect that previous determination.
ENDANGERED SPECIES: The work proposed would modify the residential development associated with a previously authorized Department of the Army permit. The Corps previously evaluated potential effects to federally listed species and determined that the project may affect but not likely adversely affect Eastern Indigo Snake (Drymarchon corais couperi). The Corps has not received any new information that contravenes the previous determination. Therefore, the Corps concludes that the work proposed does not affect that previous determination.
ESSENTIAL FISH HABITAT (EFH): The work proposed would modify the residential development associated with a previously authorized Department of the Army permit. The Corps previously determined that the project would not have an adverse effect on EFH or federally managed fisheries in Peters Creek, Black Creek, or the St. Johns River. The Corps has not received any new information that contravenes the previous determination. Therefore, the Corps concludes that the work proposed does not affect that previous determination.
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. Corps personnel have verified the jurisdictional line.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or the SJRWMD.
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 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at Terri.M.Mashour@usace.army.mil; by facsimile transmission at (904) 232-1940; or, by telephone at (904) 570-4512.
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.