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: Mr. Brian Small
Bird Dog, LLC.
3948 3rd Street South
Suite 116
Jacksonville Beach, Florida 32250
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Seaton Creek. The project site is located at 671 Pecan Park Road (Duval County Property Appraiser – Parcel Identification Number 108115-0000), in Section 39, Township 1 North, Range 26 East , Jacksonville, Duval County, Florida.
Directions to the site are as follows: Traveling from Jacksonville take I-95 North to Pecan Park Road. Take a left onto Pecan Park Road and go approximately 0.3 miles to the site.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.522670°
Longitude -81.639337°
PROJECT PURPOSE:
Basic: The basic project purpose is a residential subdivision.
Overall: The overall project is to construct a residential subdivision, related infrastructure, and stormwater management system in Northwest Jacksonville, Duval County, Florida.
EXISTING CONDITIONS:
Existing Conditions: The subject property is 98.28 acres in size and is bound to the north by a subdivision, to the east by I-95, to the south by Pecan Park Road, and to the west by undeveloped land.
Project History (previous Corps permits):
An application was submitted to the Corps on April 29, 2008 proposing construction of a warehouse and commercial office development. On December 8, 2008, the application was withdrawn due to lack of applicant response.
On September 15, 2020, a preapplication was submitted requesting an approved jurisdictional determination. On December 22, 2020, the application was withdrawn due to the Section 404 program was transferred to the Florida Department of Environmental Protection to process.
State Permit History: An application has been submitted to the St. Johns River Water Management District (SJRWMD). The project is being reviewed under SJRWMD application no. 181004-1.
Elevations and Hydrology: The site topography is undulating and composed predominantly of mixed forested wetlands and coniferous plantation (Figure 4). Interconnected manmade ditches and swales also are present. The elevations of the property range from approximately +28 feet to +16 feet NGVD. The highest elevations are located on the far southern tip and within upland portions of the property, with the lowest elevations near the main southern boundary in a deeper wetland feature.
Soils: The Soil Survey of Duval County, Florida indicates the following four (4) soil types within the property (Figure 2):
Mascotte fine sand, 0 to 2 percent slopes (38). Under natural conditions the seasonal highwater 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.
Pelham fine sand, 0 to 2 percent slopes (51). Under natural conditions the seasonal high-water table for this soil type varies from being approximately at the surface to 1.0 feet below the surface for ten months (January through October) out of the year.
Surrency loamy fine sand, depressional, 0 to 2 percent slopes (66). Under natural conditions the seasonal high-water table for this soil type varies from being approximately at the surface to 2.0 feet above the surface for twelve months out of the year.
Stockade fine sandy loam , depressional, 0 to 2 percent slopes (81). Under natural conditions the seasonal high-water table for this soil type varies from being approximately at the surface to 2.0 feet above the surface for twelve months out of the year.
Vegetative Community Types: The proposed project area (± 98.28 acres) is characterized by four (4) generalized vegetative communities/land use classifications per Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida Department of Transportation (FDOT), State Topographic Bureau, Thematic Mapping Section, 1999)].
Upland Communities
Pine Flatwoods (FLUCFCS 411) (5.34 acres)– This community has a canopy of slash pine (Pinus elliottii) with scattered water oak (Quercus nigra) and southern magnolia (Magnolia grandiflora). The understory and groundcover are vegetated with yaupon holly (Ilexvomitoria), bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).
Coniferous Plantation (FLUCFCS 441) (35.91 acres) – This dominant upland community has a canopy of planted slash pine with an understory and groundcover of bitter gallberry, saw palmetto, and bracken fern.
Wetland Communities
Wetland Forested Mixed (FLUCFCS 630) (56.00 acres) – This community has a mixed canopy of red bay (Persea borbonia), sweet bay magnolia (Magnolia virginiana), bald cypress (Taxodium distichum), slash pine, and blackgum (Nyssa sylvatica var. biflora). The understory and groundcover are vegetated with fetterbush (Lyonia lucida), cinnamon fern (Osmunda cinnamomea), sweet pitcher plant (Sarracenia rubra), and Virginia chain fern (Woodwardia virginica).
Wetland-Cut Ditch (FLUCFCS 510D) (1.03 acres) – These manmade water-conveyance features occur throughout the site and cross through wetland and upland areas, being largely ephemeral in upland portions. They convey water throughout the site and toward man-made ditches bordering the northern and western sides of the property that drain off to the west.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill over 5.29 acres of waters of the U.S [4.85 acres of mixed forested palustrine wetlands and 0.44 acres of ditches that connect to the wetlands (23,000 cubic yards)] for the development of a residential subdivision, related infrastructure, and stormwater management system. The wetlands are connected to waters of the United States associated with Seaton Creek.
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 diligently prepared a site plan that avoids the majority of on-site wetlands.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset the adverse impacts, the applicant proposes to purchase mitigation bank credits from Longleaf Mitigation Bank.
CULTURAL RESOURCES:
The Corps 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:
The Corps ran a Regulatory Screening Tool (RST), using the Regulatory Viewer, for the ESA action area, which included an approximate 0.01-mile buffer. The RST Report indicated that the following federally listed species have the potential to be affected by the proposed project: and the Wood Stork (Mycteria americana).
Additionally, the RST also indicated that the USFWS Information for Planning and Consultation (IPAC) species list for the Duval County Range that have habitat and could be located within the project site include: Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Eastern Indigo snake (Drymarchon couperi), green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), loggerhead sea turtle (Caretta caretta), Red-cockaded woodpecker (Picoides borealis), Tricolored bat (Perimyotis subflavus).
NO EFFECT:
Red-cockaded Woodpecker (Picoides borealis): The project site is within a consultation area identified by the Corps and the FWS for Red-cockaded Woodpecker (Picoides borealis). Therefore, this species may utilize the project site. The Red-cockaded Woodpecker prefer mature, 90- to 100-year-old longleaf pine forests, but may also inhabit pond pine, pitch pine, and Virginia pine ecosystems from North Carolina south to Florida. In Florida, the woodpecker may be found living in longleaf, slash, and loblolly pines. 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.
On May 16, 2024, the Corps executed an RST report. The RST indicated that the Information for Planning and Consultation (IPAC) species that are found within Duval County could include the: 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 (Caretta caretta). These species’ ranges do not include this area or habitat to support these 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.
MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT:
Tricolored bat (Perimyotis subflavus): The species is listed as an IPAC species in the Flagler County range, per U.S. Fish and Wildlife Service (USFWS), and there is tricolored bat habitat on 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 proposed work would result in tricolored bat habitat removal for the development of a residential subdivision and related infrastructure, and stormwater management system that would require the removal of 5.29 acres of waters of the U.S [4.85 acres of mixed forested palustrine wetlands and 0.44 acres of ditches that connect to the wetlands. However, 50.48 acres of mixed wetland hardwoods would remain on site. 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 north and south of the property. 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. 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 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.
Wood Stork (Mycteria americana): The project site is approximately 8.6 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. 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.
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 5.29 acres of waters of the U.S [4.85 acres of mixed forested palustrine wetlands and 0.44 acres of ditches that connect to the wetlands] which are downstream and inland of tidal wetlands and waters utilized by various life stages of snapper grouper, spiny lobster, and various shark species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Seaton 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.
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, P.O. Box 4970, Jacksonville, Florida 32232 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, Janice Price, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232; by electronic mail at Janice.R.Price@usace.army.mil; or, by telephone at (904)251-9193.
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 SJRWMD. The project is being reviewed under SJRWMD application no. 181004-1.
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.