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: Board of County Commissioners of Nassau County
c/o Robert Companion
96135 Nassau Place Ste 1
Yulee, Florida 32097
WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands adjacent to Little Boggy Creek, which flows into Mills Creek and on onto the Nassau River. The project site is located at west and adjacent to US Highway 1 (North Kings Road) in Section 23, Township 3 North, Range 24 East, Nassau County, Florida.
Directions to the site are as follows: From I-295 N West Beltway, take the New Kings Road/US-1/US-23 N exit towards Callahan. Travel north on US-1 for approximately 20 miles, passing through Callahan, the project is located on the south side of US-1/New Kings Road approximately 8 miles north of Callahan.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.6587°
Longitude -81.8829°
PROJECT PURPOSE:
Basic: The basic project purpose is public recreational development.
Overall: The overall project purpose is to develop a community park facility to provide recreational opportunities for residents of the surrounding towns of Hilliard and Callahan.
EXISTING CONDITIONS:
a. Existing Conditions: The wetland system consists of a freshwater, nontidal system adjacent to Little Boggy Creek. Currently, the site consists of approximately 107.68 acres of primarily forested land. Historically (mid-1980s), the site has been used for a silvicultural system typical for pine plantations, involving harvest, clearing, and replanting.
b. Vegetative Communities: Five land use cover-types were identified within and around the site boundaries. These communities were classified using the Florida Department of Transportation (FDOT) Florida Land Use, Cover and Forms Classification System (FLUCFCS, 1999). The on-site wetlands were delineated pursuant to Delineation of the Landward Extent of Wetlands and Surface Waters (62-340, F.A.C.).
i. Hardwood – Conifer Mixed (434) .92 acre This community is one in which neither upland conifers nor hardwoods have achieved a 66% crown canopy dominance. The upland pine flatwoods community is dominated by a loblolly pine (Pinus taeda), slash pine (Pinus elliottii), red maple (Acer rubrum), laurel oak (Quercus laurifolia), and water oak (Quercus nigra) canopy.
ii. Pine Flatwoods (441) 64.23 acre The upland pine flatwoods community is dominated by a loblolly pine and slash pine canopy. The subcanopy is dominated by juvenile canopy species, water oak, laurel oak, loblolly bay (Gordonia lasianthus). Ground cover is composed of gallberry (Ilex glabra), shiny blueberry (Vaccinium myrsinites), bracken fern (Pteridium aquilinum), and dense saw palmetto (Serenoa repens).
iii. Hydric Pine Flatwoods (441W) 23.58 acre The central portion of the site contain hydric pine flatwoods. These areas are dominated by a mixture of hardwood and coniferous canopy species, including loblolly pine, red maple, slash pine, laurel oak, and water oak. The subcanopy contains immature canopy species and wax myrtle (Myrica cerifera). Gallberry, saw palmetto and royal fern (Osmunda regalis) dominate the groundcover.
iv. Wetland Forested Mixed (630) 18.95 acre Two wetland sloughs, located in the northern central portions of the site, along with several small pockets throughout the rest of the site are classified as Wetland, Forested Mixed. These wetlands are dominated by bald cypress (Taxodium distichum), red maple, tupelo (Nyssa biflora), slash pine, and loblolly bay. Groundcover consists of cinnamon fern (Osmunda cinnamomea) and gallberry (Ilex glabra).
PROPOSED WORK: The applicant seeks authorization to place clean fill material directly into 6.18 acres of waters of the United States. Additional clearing only activities for boardwalk construction would result in 0.33 acres of impact to waters of the United States. All impacts to waters of the United States (forested wetlands) are to facilitate the construction of a community park facility and associated infrastructure including a stormwater management system and elevated boardwalk.
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:
“This alternative includes developable uplands and forested wetlands for the majority of the proposed project, necessitating wetland impacts primarily for roadways and stormwater ponds in the park. Impacts to wetlands are primarily to fringe hydric pine wetlands instead of higher-quality wetland forested mixed wetlands. While this site will require impacts to wetlands, it has been determined to be the most economically and technically feasible alternative with the least amount of impacts to regulated wetland and water resources.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The proposed project will incur approximately 6.18 acres of direct wetland fill impact and 0.33 acre of boardwalk impacts, as detailed in the attached UMAM assessment. Mitigation will be accomplished through the phased purchase of 4.37 UMAM credit from an in-basin, federally approved wetland mitigation bank. The applicant is currently in negotiations with a mitigation provider. A mitigation bank reservation letter will be provided upon approval of the UMAM and mitigation plan.”
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 property 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 USFW’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 in 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. Tricolored Bat (Perimyotis subflavus) -The project area hosts forested habitat; therefore, the Corps evaluated routes to effect for this species. 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 that is 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. According to the applicant’s environmental consultant, a threatened and endangered species survey was conducted on site and the bats have not been recorded on site. The proposed work would result in tricolored bat habitat removal as the proposed Regional County Park would impact 6.51 acres of 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 west of 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. The applicant’s environmental consultant stated that work would begin immediately following any permit authorization from the Corps and the state. Therefore, the work could begin prior to the species being officially designated as listed and the Corps has determined that a conference opinion would not be conducted as the work would occur and be completed prior to the species being designated. In the event that work does not occur prior to the species being listed, the applicant would be required to conduct their own Section 10 consultation with USFWS for the tricolored bat. Any authorization would be conditioned to include language that requires Section 10 consultation in the event that the work is not completed prior to designation.
c. The project site is approximately 6.0 miles from the nearest identified nest or cluster location for Red-cockaded Woodpecker (Picoides borealis), therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project; and, the Corps evaluated potential effects to this species. 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. It is likely that this species only opportunistically forages at the site. However, as significant forested habitat is located near the project site, the development of the site would not preclude opportunistic foraging in the vicinity of the project site. Therefore, the Corps concludes that the project would have no effect on this species.
d. On 23 May 2024, the Corps utilized the Resources Screening Tool (RST) report. The RST indicated that the Information for Planning and Consultation (IPAC) species that Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), and Loggerhead sea turtle (Caratta caretta) are found within Nassau County. These species’ ranges do not include this area or habitat to support these species on site. Therefore, routes to effects for these species were not reviewed. The RST 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 the South Atlantic Region. 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 not 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 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, Christopher J. Hopfinger, in writing at the St. Louis Permits Section (SAJ-Support), 1222 Spruce Street, St. Louis, Missouri, 63103; by electronic mail at Christopher.J.Hopfinger@usace.army.mil; by facsimile transmission at (314) 331-8738; or, by telephone at (314) 331-8171.
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 is required from the St. Johns River Water Management District. The project is being reviewed under project no. 132224-2.
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.