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: D.R. Horton, Inc. – Jacksonville
Attention: Anthony Fremento
4220 Racetrack Road
St. Johns, Florida 32259
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Trout River. The project site is located off of Broward Road between US 17 and I-95, Sections 24, 47, and 48, Township 1 South, Range 26 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From downtown Jacksonville take US 17 north and cross the Trout River. Take a left onto Broward Road. The project site location is on the north side of Broward Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.402001°
Longitude -81.653833°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development and access to navigable waters.
Overall: The overall project purpose is residential development and access to navigable waters in Northern Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine forested system and an estuarine system. The project area is 108.99 acres.
a. Soils: The Soil Survey of Duval County, Florida (U.S.D.A., Soil Conservation Service) indicates the following soil types within the property:
i. Sapelo fine sand, 0 to 2 percent slopes (63) - Under natural conditions the seasonal high water table for this soil type varies from approximately 0.5 to 1.5 feet below the surface for ten months (January through October) out of the year.
ii. Pottsburg fine sand, high, 0 to 3 percent slopes (58) - Under natural conditions the seasonal high water table for this soil type varies from approximately 1.0 to 2.0 feet below the surface for ten months (January through October) out of the year.
iii. Evergreen-Wesconnett complex, depressional, 0 to 2 percent slopes (22) – Under natural conditions the seasonal high water table for this soil type varies from being approximately at the soil surface to 2.0 feet above the soil surface for the entire year.
iv. Leon fine sand, 0 to 2 percent slopes (32) - Under natural conditions the seasonal high water table for this soil type varies from approximately 0.5 to 1.5 feet below the surface for ten months (January through October) out of the year.
v. Lynn Haven fine sand, 0 to 2 percent slopes (35) - Under natural conditions the seasonal high water table for this soil type varies from being approximately at the surface to 0.5 feet below the surface for ten months (January through October) out of the year.
vi. Tisonia mucky peat, 0 to 1 percent slopes, very frequently flooded (68) – Under natural conditions the seasonal high water table for this soil type varies from being approximately at the surface to 0.5 feet below the surface for twelve months out of the year.
b. Vegetative Community Types: The property is characterized by five (5) generalized vegetative communities per Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida Department of Transportation (FDOT), State Topographic Bureau, Thematic Mapping Section, 1999)].
i. Pine – Mesic Oak (FLUCFCS 414 – 86.98 acres) – This community has a mixed canopy of laurel oak (Quercus laurifolia), loblolly pine (Pinus taeda), water oak (Quercus nigra), live oak (Quercus virginiania) and slash pine (Pinus elliottii). The understory is vegetated with scattered saw palmetto (Serenoa repens) and bitter gallberry (Ilex glabra). Groundcover is limited with scattered bracken fern (Pteridium aquilinum).
ii. Upland Cut Ditch (FLUCFCS 510 – 0.48 acre) – In portions of the site, drainage ditches were dug to promote drainage from upland freshwater forested wetlands to the dredged “cut”.
iii. Hydric Pine Flatwoods (FLUCFCS 625 – 1.37 acres) – This community has a canopy of slash pine (Pinus elliottii). The understory and groundcover are vegetated with scattered dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum) Virginia chain fern (Woodwardia virginica) and pipewort (Eriocaulon sp.).
iv. Wetland Forested Mixed (FLUCFCS 630 – 17.65 acres) – This community has a mixed canopy slash pine (Pinus elliottii), dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), red maple (Acer rubrum) and sweetgum (Liquidambar styraciflua). The understory and groundcover are vegetated with fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum) Virginia chain fern (Woodwardia virginica) and pipewort (Eriocaulon sp.).
v. Salt Marsh (FLUCFCS 642 – 2.52 acres) - The communities included in this category will be predominated by one or more of the following species: Cordgrasses (Spartina sp.), black needlerush (Juncus roemerianus), saltwort (Batis maritima) and glassworts (Salicornia ambigua).
c. Surrounding Area: The existing area surrounding the project area consists of residential home sites, a railroad and US 17 adjacent to the east, I-95 adjacent to the northwest, an industrial car lot to the north, and the Jacksonville Zoo is within 1,00 feet to the east. An open waterbody/creek was dug from Trout Creek through the center of the site to within 100 feet of the railroad between 1952 and 1960.
d. Project History: The Corps previously reviewed proposed work in 2007 and 2021; however, the proposed work was withdrawn by the applicant in 2007 and withdrawn due to lack of applicant response in 2021.
PROPOSED WORK: The applicant seeks authorization for the following:
1. To discharge 8,395-cubic-yards of clean fill material into 2.76 acres of waters of the United States (1.90 acres of palustrine forested wetlands, 0.38 acres of salt marsh, and 0.48-acre of upland cut ditch) within Federal jurisdiction for development of a single-family residential subdivision. The work proposed would also result in the discharge of 3,500-cubic-yards of clean fill into 1.02 acre of aquatic resources (palustrine forested wetlands) not within Federal jurisdiction (proposed as non-jurisdictional in consideration of the Supreme Court decision Solid Waste Agency of Northern Cook County vs. U.S. Army Corps of Engineers, 531 U.S. 159 (2001)). The Corps has not yet reviewed the proposed Approved Jurisdictional Determination.
2. To construct a 1,324-square-foot community dock. The proposed dock would consist of a 56-feet-long by 6-feet-wide access pier, a 35-feet by 4-feet gangway, and a 100-feet by 8-feet floating dock. The proposed dock would host 4 wet boat slips for tie up. There would be 22 12-inch wooden piles installed by jetting. The channel at the location of the dock is approximately 177.38-feet-wide; with the dock extending 44-feet, less than 25% of the channel, the proposed dock would leave open more than 50% of the channel for navigation.
3. To construct a boat ramp that would be 30-feet-wide by 35-feet-long. It would host 2 boat ramp lanes and would be associated with 29 trailered vehicle parking spaces.
The applicant is seeking a 5-year authorization to accommodate the proposed development.
\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 applicant’s plan was designed to avoid and minimize wetland impacts to the
greatest extent practicable. The proposed project area is extremely odd shaped. Additionally, the applicant minimized wetland impacts by eliminating 95 single-family docks from the proposal.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant proposes to utilize the North Florida Saltwater Marsh Mitigation Bank to offset saltmarsh impacts. To offset freshwater impacts, the applicant proposes to utilize a freshwater bank listed in RIBITS such as: Greens Creek Wetland Mitigation Bank,
Highlands, Loblolly, Longleaf, St Johns, Star 4, Town Branch, or Tupelo. It’s all contingent upon which bank has Federal and State credits as there are currently no State credits available for purchase. To offset the adverse salt marsh impacts, the applicant proposes to provide salt marsh mitigation bank credits. They are no longer proposing permittee responsible on-site mitigation.”
CULTURAL RESOURCES: The Corps has evaluated the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act and has followed the guidelines of 33 CFR Part 325, Appendix C. The entire project area was previously surveyed in 2006 (DHR survey #13791). The Corps finds the field work, which included intensive shovel testing, was sufficient and the survey report complete in accordance with Chapters 1a-46, Florida Administrative Code and with Federal regulation 36 CFR 800: Protection of Historic Properties. No historic properties were documented within the project area. Based upon the results of the survey report, the Corps has determined that the project will have no effect on historic properties.
ENDANGERED SPECIES:
The Corps has determined the proposed project may affect the West Indian manatee (Trichecus manatus). The Corps evaluated potential effects to the West Indian manatee using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequential determination A > B > C > G > H > I > J > K > may affect as the applicant has not yet received verification from the Florida Fish and Wildlife Conservation Commission that the project is consistent with the Manatee Protection Plan. The 13 May 2019 additional conditions do not apply, as the project does not incorporate clamshell dredge operations or the installation of metal pilings. The Corps will request initiation of informal consultation with the United States Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect the Wood Stork (Mycteria americana). The Corps evaluated potential effects to Wood Stork using 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. Use of this key resulted in the sequential determination A > may affect, as the project would affect 0.34-acre of Suitable Foraging Habitat within 2,500-feet of the active Jacksonville Zoo and Gardens colony site. The Corps will request initiation of formal consultation with the United States Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.
The Corps has determined the proposed project may affect, but is not likely to adversely affect, the eastern indigo snake (Drymarchon corais couperi) based on the Eastern Indigo Snake Programmatic Effect Determination Key sequence A > B > C > not likely to adversely affect as the proposed work would not impact gopher tortoise burrows. The USFWS previously indicated that they concur with determinations of may affect, not likely to adversely affect based on that key; and, that no additional consultation is required.
The Corps has determined the proposed project would not affect the Red-cockaded Woodpecker (Picoides borealis). Habitat for Red-cockaded Woodpecker typically incorporates mature pine woodlands; 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. 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 project would not preclude. Therefore, the Corps concludes that the project would have no effect on this species; and, consultation with the USFWS is not required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), leatherback sea turtle (Dermochelys coriacea), shortnose sturgeon (Acipenser brevirostrum), loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas). The National Marine Fisheries Service (NMFS) previously indicated that they concur with determinations of not likely to adversely affect based on use of the Jacksonville Programmatic Biological Opinion; and, that no additional consultation is required.
On September 28, 2022, 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. The proposal would impact approximately 0.5 acres of open water and salt marsh utilized by various life stages of spiny lobster, shrimp and snapper/grouper. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Fisheries Management Council. 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.
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 by electronic mail at Terri.M.Mashour@usace.army.mil, by telephone at (904) 251-9179, 701 San Marco Boulevard, Jacksonville, Florida 32202 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, 701 San Marco Boulevard, Jacksonville, Florida 32202, by electronic mail at Terri.M.Mashour@usace.army.mil , or, by telephone at (904) 251-9179.
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.
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 St. Johns River Water Management District.
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.