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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Wood Development Company of Jacksonville
Attention: Rick Wood
414 Old Hart Road, Suite 502
Fleming Island, Florida 32003
WATERWAY AND LOCATION: The project would affect waters of the United States associated with North Fork Black Creek and Black Creek, both tidal waters that flow into the tidal St. Johns River. The project site is located just east of the intersection of County Road (CR) 220 and State Road (SR) 21/Blanding Boulevard, south of CR 220, south of Middleburg High School, Section 7, Township 5 South, Range 25 East, Middleburg, Florida, 32068.
Directions to the site are as follows: From downtown Jacksonville, take Interstate (I) 10 west to SR 23 South to SR 21/Blanding Boulevard. Turn right on SR 21, heading west. At the intersection with CR 220, turn left heading east. The property will be on the right, directly south of Middleburg High School.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.080459°
Longitude –81.846753°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development and access to navigable waters.
Overall: The overall project purpose is residential development with access to navigable waters in Middleburg, Clay County, Florida.
EXISTING CONDITIONS:
a. Vegetation: The project site location is 188.85 acres. The onsite vegetation has been categorized pursuant to the Florida Department of Transportation (FDOT) publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) as described below. The land use classifications identified were determined based upon the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (Florida Department of Transportation State Topographic Bureau Thematic Mapping Section Procedure No. 550-010-001-a). The delineation of these land use and cover classifications were estimated based on the results of the field survey as well as a review of the National Wetlands Inventory geodatabase along with information from the St. Johns River Water Management (SJRWMD) Geographic Information Systems web-page within the Geographic Information System (GIS) layer titled Land Use/ Land Cover 2014.
The on-site wetland communities were delineated in accordance with the procedures outlined in the 1987 Corps of Engineers Wetland Delineation Manual and the associated appropriate Regional Supplement.
(i) 2200 – Pecan Orchard – 18.77 acres: This upland community is located at the northern limit of the site adjacent to County Road 220. It was historically used as an agricultural orchard; however, the pecans are no longer harvested. This community is
regularly mowed and maintained.
(ii) 4340 – Upland Mixed Coniferous / Hardwood – 73.82 acres: This is the dominant upland community on the property and occurs primarily in the central southern portions of the site. The canopy is dominated by live oak (Quercus virginiana), laurel oak (Quercus laurifolia), longleaf pine (Pinus palustris). The Shrub layer is dominated by saw palmetto (Serenoa repens) and the groundcover is dominated by bracken fern (Pteridium aquilinum).
(iii) 4410 – Upland Pine Plantation – 26.06 Acres: The habitat primarily occurs within the western central portion of the site. It was formerly operated as a pasture prior to conversion to silviculture. The planted loblolly pines (Pinus taeda) dominate the canopy, the shrub layer is dominated by saw palmetto, gallberry (Ilex glabra), and the groundcover is dominated by bracken fern.
(iv) 4430 – Upland Forest Regeneration – 14.67 Acres: The habitat occurs in the northwestern portion of the site just south of the orchard, and in the south-central
portion of the site. It was previously harvested and replanted. The planted immature loblolly pines dominate the emerging canopy. The shrub layer is dominated by saw palmetto, gallberry, and dog fennel (Eupatorium capillifolium) is the areas that were subjected to the most disturbance. The limited groundcover is dominated by bracken fern.
(v) 5100 – Upland Cut Ditch – 0.44 Acres: The upland cut ditches occurs exclusively within the pecan orchard community. This community is also subjected to regular mowing and maintenance.
(vi) 6210 – Cypress – 33 acres: This community occurs within the lowest elevation areas adjacent to Black Creek along the eastern limits of the site. The community is dominated by bald cypress (Taxodium distichum), but also contains black gum (Nyssa
sylvatica) and red maple (Acer rubrum). Due to regular inundation little vegetation occurs within the shrub layer, groundcover is comprised of Virginia chain fern (Woodwardia virginica) and royal fern (Osmunda regalis).
(v) 6300 – Wetland Forested Mixed – 22.09 Acres: This community occurs within higher elevation wetlands on the subject property primarily in the central portions of the site. The canopy is dominated by slash pine (Pinus elliottii), loblolly pine, red maple, water oak (Quercus nigra) and sweetgum (Liquidambar styraciflua). The scrub layer is dominated by fetter bush (Lyonia lucida) and wax myrtle (Myrica cerifera). Groundcover is dominated by cinnamon fern (Osmunda cinnamomea) and Virginia chain fern.
PROPOSED WORK: The applicant seeks authorization for the following:
(1) To discharge fill into 2.44 acres of wetlands (palustrine forested wetlands adjacent to tidal) and discharge fill into 0.44 acres of ditches jurisdictional to the Corps under a Preliminary Jurisdictional Determination to construct a residential subdivision and associated infrastructure.
(2) To discharge fill into 0.04 acres of tidal palustrine forested wetlands for the construction of a boardwalk and to clear 0.20 acres of forested wetlands for the construction of the elevated boardwalk.
(3) To discharge fill into 0.01-acre of tidal palustrine forested wetlands for a concrete headwall associated with an approximately 1,374-square-foot community dock structure and kayak launch. The community dock would have an 8-foot-wide by 24-foot-long access walk, a 100-foot-long by 8-foot-wide fixed dock parallel to the bank of North Fork Black Creek, a 5-foot-wide by 26-foot-gangway parallel to the bank of North Fork Black Creek, and a 20-foot-long by 12.6-foot-wide kayak launch parallel to the bank of North Fork Black Creek with an American Disabilities Act (ADA) accessible kayak launch south of the kayak launch that would be 26-feet-long by 4-feet wide parallel to the bank of North Fork Black Creek. The community dock would have the ability to host 6 boat slips for transient day trips. The community dock would have wood piles installed by impact hammer.
(4) To discharge fill into 0.02 acre of tidal palustrine forested wetlands and to clear 0.023-acre of forested wetlands for the construction of 4 residential dock structures would be constructed that would be 5-feet-wide by approximately 21-feet-long, 5-feet-wide by approximately 19-feet-long, 5-feet-wide by approximately 16-feet-long, and 5-feet-wide by approximately 16-feet-long. Each dock would host one motorized boat slip for permanent mooring. The residential docks would have wood piles installed by impact hammer.
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:
“The subdivision was previously planned to be to create 419 lots, and this previous site plan required impacts to 4.17 acres of wetlands. Through multiple design revisions, the applicant was able to further minimize wetland impacts. The project now requires only 2.51-acres of fill, 0.223-acre of wetland conversion, and 0.44-acre of primary impact, a reduction of approximately 0.997 acres. The currently proposed impacts are necessary for road crossings, pond construction, and limited perimeter grading. Given the large variation in on-site elevation, a sufficient stormwater management system was only possible with the proposed impacts. The majority of wetland impact is proposed to a hydrologically degraded wetland that was historically ditched. The critical wetland habitats along Black Creek and North Fork were avoided to the greatest extent possible. Structural impacts for the construction of a boardwalk and multiple docks along North Fork are also proposed.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To offset the proposed impacts, the applicant proposes the preservation 49.77 acres of high value wetlands adjacent to Black Creek, any remaining wetland functional loss will be mitigated through the purchase of palustrine forested mitigation bank credits.”
CULTURAL RESOURCES: The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) based on the Manatee Key sequence of A > B > C > G > H > I > N > O > P > 1. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect the eastern indigo snake (Drymarchon corais couperi) based on the Eastern Indigo Snake Programmatic Effect Determination Key sequence of A > B > C > D > may affect as the proposed work would impact 40 active or inactive gopher tortoise burrows. The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined that the proposed work may affect, but is not likely to adversely affect the Shortnose sturgeon (Acipenser brevirostrum), Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), smalltooth sawfish (Pristis pectinata). Therefore, no additional consultation is required.
On 2 July 2021, 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 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.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in North Fork Black Creek or Black 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.
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 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, 701 San Marco Boulevard, Jacksonville, Florida 32207 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 Mashour, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Terri.M.Mashour@usace.army.mil; 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.
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.