SAJ-2006-07885(SP-TDS)

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:   Gregg Kern

                        Three Rivers Developers, LLC

                        7807 Baymeadows Road East

                        Jacksonville, Florida 32256

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Tom Mann Swamp, an unnamed tributary of Boggy Creek, Boggy Creek Swamp, and/or the Nassau River. The project site encompasses 1,572 acres of land, located south of State Road 200 and west of Interstate 95, between the cities of Callahan and Yulee. The property is more specifically located in Sections 9-11, 14, 15, and 44, Township 2 North, Range 26 East, Nassau County, Florida.

Directions to the site are as follows:  Roughly 3.5 miles west of I-95, turn south onto Police Lodge Road.

APPROXIMATE CENTRAL COORDINATES:         Latitude       30.60994°

                                                                                 Longitude -81.68676°

PROJECT PURPOSE:

Basic:  The construction of a residential community and mixed-used development.

Overall:  The construction of roads, building pads, residential lots, parking, stormwater ponds and infrastructure associated with a residential community and mixed-used development in Nassau County near the Cities of Callahan and Yulee.

EXISTING CONDITIONS:

The proposed project is located on a 1,572-acre tract that is subject to an existing Department of the Army (DA) Permit, SAJ-2006-07885, issued on 19 August 2013, that authorized the discharge of clean fill material in 74.46 acres of wetlands and 1.17 acre of surface water features. A permit modification was previously issued on 17 August 2018 wherein the wetland impacts were reduced to 77.24 acres but the impacts to surface waters increased to 13.47 acres. The DA Permit expires on19 August 2033.  Approximately 27.84 acres of the total authorized wetland impacts have occurred as well as portions of the previously approved compensatory mitigation that included 309.39 acres of wetland preservation and 259.17 acres of wetland enhancement. 

The existing DA Permit and modification authorized the phased construction of the development as well as phased compensatory mitigation requirements.

The proposed project is a modification to the existing permit and is being sought to address changes to the overall development configuration necessitated by Nassau County requirements for utility crossings, vehicular accesses, and sewer mandates along roadways. The applicant’s DRI requirements mandate more connectivity between units than the original plans proposed. The modified site plan results in a shift of impact areas, and results in an overall addition of 10.50 acres of wetland impacts.

The land cover types and vegetative communities occurring within the approximate 1,573.89-acre project area were then classified using the Florida Land Use, Cover and Forms Classification System (FLUCCS), 1999.

a. Live Oak (FLUCFCS code 427) (9.2 ac):  Often referred to as upland temperate hammock, this forest community is one in which live oak is either pure or predominant. The principal associates of this cover type include sweetgum, magnolia, holly and laurel

oak. This community is common along the upper banks of Florida’s lakes and streams.

b. Hardwood-Conifer Mixed (FLUCFCS code 434) (18.4 ac): This class is reserved for those forested areas in which neither upland conifers nor hardwoods achieve a

66 percent crown canopy dominance.

c. Coniferous Plantations (FLUCFCS code 441) (877.70 ac): These are almost exclusively pine forests artificially generated by planting seedling stock or seeds. These

stands are characterized by high numbers of trees per acre and their uniform appearance. Although row patterns often stand out, this is not always the case,

especially where stands are as a result of aerial seeding. When established on hydric soils this can be a wetland cover.

d. Reservoirs  less than 10 acres (FLUCFCS code 534) (1.2 ac)

e. Stream and Lake Swamps (Bottomland) (FLUCFCS code 615) (57 ac): This community, often referred to as bottomland or stream hardwoods, is usually found on but not restricted to river, creek and lake flood plain or overflow areas. This category has a wide variety of predominantly hardwood species of which some of the

more common components include red maple, river birch, water oak, sweetgum, willows, tupelos, water hickory, bays, and water ash and buttonbush. Associated species include cypress, slash pine, loblolly pine and spruce pine.

f. Mixed Wetland Hardwoods (FLUCFCS code 617) (168.70 ac): This category is reserved for those wetland hardwood communities which are composed of a large variety of hardwood species tolerant of hydric conditions yet exhibit an ill defined mixture of species.

g. Hydric Pine Flatwoods (FLUCFCS code 625) (317.8 ac): Forest with a sparse to moderate canopy of Slash pine. The understory is grasses, wiregrass, forbs, and at times with sparse saw palmetto.

h. Wetland Forested Mixed (FLUCFCS code 630) (121.4ac): This category includes mixed wetlands forest communities in which neither hardwoods or conifers achieve a 66 percent dominance of the crown canopy composition.

i. Freshwater Marshes (FLUCFCS code 641) (0.9 ac): The communities included in this category are characterized by having one or more of the following species predominate:

Sawgrass - Cladium jamaicensis

Cattail - Typha domingenis

            -Typha latifolia

           - Typha angustifolia

Arrowhead - Sagittaria sp.

Maidencane - Panicum hemitomon

Buttonbush - Cephalanthus occidentalis

Cordgrass - Spartina bakeri

Giant Cutgrass - Zizaniopsis miliacea

Switchgrass - Panicum virgatum

Bulrush - Scirpus americanus

             - Scirpus validus

             - Scirpus robustus

Needlerush - Juncus effusus

Common Reed - Phragmites communnis

                         - Phragmites australis

Arrowroot - Thalia dealbata

                - Thalia geniuclata

PROPOSED WORK:  The applicant seeks authorization to modify an existing permit to discharge fill material into an additional 10.50 acres of freshwater, forested wetlands for the construction of roads, building pads, residential lots, parking, stormwater ponds and infrastructure associated with a residential community and mixed-use development. In detail, proposed modification includes 12.92 acres of new wetland impacts and the elimination of 2.43 acres of previously authorized wetland impacts for a net increase of 10.50 acres of wetland impacts. The proposed modification and previously authorized impacts total 87.74 acres of freshwater, forested wetlands impacts.  

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 site plan has been specifically designed to eliminate and reduce wetland impacts to the maximum extent practicable. The majority of proposed impacts to large, contiguous wetlands systems will occur due to roadway crossings that are required for access purposes, and industrial facilities that require connectivity for efficiently routing traffic to SR 200, and commercial facilities. For the most part, impacts to high quality wetland systems have been avoided and/or minimized, and proposed impacts are concentrated on lower quality systems. Overall, a total of about fifteen percent of the onsite wetland area is proposed for impact. A total of 568.40 acres of onsite wetlands will be preserved via a conservation easement granted to SJRWMD with third party interests given to USACE. Water quality in wetlands adjacent to impact areas will be protected from construction impacts through the use of silt screens along the margin of the development area. Wetland functions, with respect to water quality, are not expected to be adversely affected as a result of proposed development. Adequate stormwater treatment facilities, including various stormwater ponds, will be located on the site. The ponds will provide treatment for the majority of runoff from developed areas.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

Proposed wetland impacts result in a total of 53.78 Functional Loss Units. Mitigation for onsite wetland impacts will be provided by a combination of onsite preservation and onsite preservation/ enhancement in addition to the purchase of federal mitigation bank credits. The implementation and monitoring of the proposed mitigation will be performed in accordance with the conditions of the original permit.

CULTURAL RESOURCES: 

The Corps is aware of recorded historic resources within or adjacent to the permit area and 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: 

a. The Corps has determined the proposed project may affect, but is not likely to

adversely affect the Eastern Indigo Snake (Drymarchon corais couperi). The Corps

evaluated potential impacts to the eastern indigo snake using the Eastern Indigo Snake

Programmatic Determination Key 2013. Use of this key resulted in the sequential

determination A > B > C > Not Likely to Adversely Affect due to the project area having no gopher tortoises, no burrows, holes, cavities, or other refugia where a snake could be buried or trapped, and due to the permit verification being conditioned for the use of the USFWS’s Standard Protection Measures For The Eastern Indigo Snake during site

preparation and project implementation. In consideration of the key sequence,

additional coordination with the USFWS is not required. The USFWS previously

indicated that they concur with determinations of not likely to adversely affect based on

that key; and, that no additional consultation is required.

b. The U.S. Army Corps of Engineers (Corps) has determined the proposed project have no effect on wood stork (Mycteria americana) or its designated critical habitat. The southeastern edge of the project site is marginally (0.2-0.3 miles) within the core foraging area (CFA) for the Jacksonville Zoo and the Pumpkin Hill (594105) nesting colonies[BMMCUC(1] [STDCUC(2] .

c.  The species is listed as an IPAC species in the Nassau County range, per U.S. Fish and Wildlife Service (USFWS), and there is tricolored bat habitat within the project site. Therefore, the Corps evaluated potential effects to this species. The tricolored bat is one of the smallest bats native to North America. The once common species is wide ranging across the eastern and central United States and portions of southern Canada, Mexico and Central America. During the winter, tricolored bats are found in caves and mines, although in the southern United States, where caves are sparse, tricolored bats are often found roosting in road-associated culverts. During the spring, summer and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves. During the spring, summer and fall - collectively referred to as the non-hibernating seasons - tricolored bats primarily roost among live and dead leaf clusters of live or recently dead deciduous hardwood trees. In the southern and northern portions of the range, tricolored bats will also roost in Spanish moss (Tillandsia usneoides) and Usnea trichodea lichen, respectively. In addition, tricolored bats have been observed roosting during summer among pine needles, eastern red cedar (Juniperus virginiana), within artificial roosts like barns, beneath porch roofs, bridges, concrete bunkers, and rarely within caves. Female tricolored bats exhibit high site fidelity, returning year after year to the same summer roosting locations. Female tricolored bats form maternity colonies and switch roost trees regularly. Males roost singly. During the winter, tricolored bats hibernate - which means that they reduce their metabolic rates, body temperatures and heart rate - in caves and mines; although, in the southern United States, where caves are sparse, tricolored bats often hibernate in road-associated culverts, as well as sometimes in tree cavities and abandoned water wells. Tricolored bats exhibit high site fidelity with many individuals returning year after year to the same hibernaculum. The project site hosts habitat conducive to host tricolored bats. The proposed work would result in potential tricolored bat habitat removal as the proposed project would impact forested wetlands. Additionally, if the tricolored bat were to be present, the species is mobile and it could move to other forested habitat on site or adjacent to the project site. Therefore, the Corps has determined the proposed work may affect, but would not be likely to adversely affect the tricolored bat. Because there is no programmatic agreement or Standard Local Operating Procedures for Endangered Species (SLOPES), a may affect, not likely to adversely affect determination by the Corps could require a conference opinion coordination with the USFWS. However, the species is not listed at this time; therefore, the Corps is not required to open coordination.

d. The Corps has determined the proposal would have no effect on the Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis) and Red-cockaded woodpecker (Mycteria americana) as the habitat for these species is not present.

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 10.49 acres of freshwater forested, non-tidal wetlands inland of tidal waters and EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Nassau 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.

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 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, 701 San Marco Boulevard, Jacksonville, Florida 32207 within 15 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, Tracy Sanders, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Tracy.d.sanders@usace.army.mil or by telephone at (904)232-1171. 

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 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.