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):
APPLICANT: Nicholas J. Dister
EPG Jax, LLC
111 S. Armenia Avenue
Tampa, Florida 33609
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Thomas Creek. The project site is located at 2166 Figaro Lane in Sections 26, 25, 24 and 23, Township 1 North, Range 25 and 26 East, in Jacksonville, Duval County, Florida.
Directions to the site are as follows:
APPROXIMATE CENTRAL COORDINATES: Latitude 30.4891812°
Longitude –81.7546752°
PROJECT PURPOSE:
Basic: The construction of a residential development.
Overall: The construction of a single-family residential development in Northwest Jacksonville.
EXISTING CONDITIONS: The approximate 901.64-acre project area consists of forested wetlands intermixed with pine dominated uplands as well as a 1-acre reservoir located in the Northeast portion of the parcel. The project area includes approximately 364.39 acres of wetlands. The project area has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS).
Uplands
Improved Pasture (FLUCFCS 211) (79.33 acres)
This category is composed of land which has been cleared, tilled, reseeded with specific grass types and periodically improved with brush control and fertilizer application. Evidence of use as cattle pasture was apparent. This community contained scattered mature live oak (Quercus virginiana) and evenly distributed bahiagrass (Paspalum notatum).
Pine Plantation (FLUCFCS 441) (175.7 acres)
The majority of the on-site uplands are best described as Pine Plantation (441), per the FLUCFCS classification system. This community is dominated by a canopy of slash pine (Pinus elliottii) or loblolly pine (Pinus taeda), with minor components of hardwoods in the canopy and subcanopy, including swampbay (Persea palustris), red maple (Acer rubrum), and loblolly bay (Gordonia lasianthus). The shrub and groundcover are comprised of gallberry (Ilex glabra), saw palmetto (Serenoa repens), and saplings of the observed canopy species.
Wetlands
Pine Plantation, Wet (FLUCFCS 441) (79.33 acres)
Portions of the site contain vegetative communities which are similar to Pine Plantation (441), per the FLUCFCS classification system, but contain evidence of hydrology and vegetative composition that indicate a wetland community. These areas are classified as Pine Plantation, Wet (441W).”. This community is dominated by a canopy of slash pine with a lesser component of hardwoods, including swampbay, red maple, and sweetgum (Liquidambar styraciflua). The shrub and groundcover are comprised of dahoon holly (Ilex cassine), broomsedge bluestem (Andropogon virginicus), sedge (Carex sp.), St. John’s-wort (Hypericum sp.), Carolina redroot (Lachnanthes caroliniana), cinnamon fern (Osmundastrum cinnamomeum), and Virginia chain fern (Woodwardia virginica).
Reservoirs less than 10 acres (FLUCFCS 534) (0.55 acres)
The subject site contains an upland-cut, manmade pond located on the Braddock South Parcel best described as Reservoirs less than 10 acres (534), per the FLUCFCS classification system. Sparse aquatic vegetation was observed, though the feature generally lacked an apparent vegetative community.
Wetland Forested Mixed (FLUCFCS 630) (566.73 acres)
These areas, best classified at Wetland Forested Mixed (630) per the FLUCFCS classification, are wetlands where neither hardwoods nor pines comprise greater than 67% of the canopy cover. Species observed included bald cypress, red maple, swampbay, sweetgum, slash pine, and large wax myrtle. Subcanopy species, although sparse, were comprised of sapling specimens of the above-mentioned tree species. The groundcover species observed included fetterbush, sedge, broomsedge bluestem (Andropogon virginicus), blue-flag iris (Iris virginica), lizard’s tail (Saururus cernuus), Virginia chain fern, and netted chain fern (Woodwardia areolata).
PROPOSED WORK: The applicant seeks authorization to discharge of approximately 63,751 cubic yards of fill material into a 17.19 acres of freshwater forested wetlands for the construction of a single-family residential development with associated roads, stormwater management features, and amenity/recreation features. An Approved Jurisdictional Determination has been requested from the Corps.
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 subject property has been selected and designed in such a way as to avoid high-quality, ecologically significant wetlands and to minimize those impacts
necessary to result in a feasible project. The unique goal of this project to provide much needed housing in an area that is greatly under served. As such, the project
has been designed to satisfy County requirements for housing while minimizing the project footprint. The avoidance and minimization strategy includes the
selection of a site dominated by silvicultural land use, with minimal connectivity to high-quality natural wetlands. Additionally, the project has avoided
approximately 345 acres of wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing on-site Permittee Responsible Mitigation (PRM) which includes the preservation of 375.1- acres of forested wetlands and the enhancement of 83.90 acres of forested wetlands by pine removal, reduction of beds and furrows, planting of wetland tree and herbaceous species. The applicant proposes that the PRM would have a functional gain of 18.46. The impacts to 17.19 acres of forested wetlands would result in the functional loss 11.74. The applicant stated that the preserved wetlands would be placed under a perpetual regulatory conservation easement and the proposed protected wetlands create direct connections to numerous SJRWMD conservation easements, wetlands mitigation banks, state protected lands, and wildlife management areas.
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. Wood Stork (Mycteria americana): The project site is approximately 8.5 miles from the Jacksonville Zoo Wood Stork Colony; and within the Core Foraging Area of this colony, therefore, the Corps evaluated potential effects to this species. The work proposed may affect, but is not likely to adversely affect suitable foraging habitat (SFH). In consideration of this information, the Corps utilized 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, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for Wood Storks; and, that no additional consultation is necessary.
b. Eastern indigo snake (Drymarchon corais couperi): The proposed work would occur in upland area; therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013.
Use of this key resulted in the sequence A-B-C-D-E may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
c. Tricolored Bat (Perimyotis subflavus): The species is listed as an IPAC species in the Duval 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 project would impact 8.69 acres of wetlands proposed to be jurisdictional as well as additional wetland area proposed to be non-jurisdictional as well as forested upland areas. The proposed project would avoid impacts to approximately 345 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 near 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.
e. On May 31, 2024, the Corps executed an RST report. The RST indicated that the Information for Planning and Consultation (IPAC) species that are found within Flagler County could include the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis). . This species’ ranges do not include this area or habitat to support this species is not found 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. The proposal would impact approximately 17.19 acres of freshwater non-tidal forested wetlands inland of EFH. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Florida. 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, 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.