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: Lennar Jacksonville
Attention: Chris McKinney
7411 Fullerton Street, Suite 200
Jacksonville, Florida 32256
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Seaton Creek. The project site is located approximately 0.35 mile north of the intersection of Arnold Road and Pecan Park Road, adjacent to the east of Seton Creek Historic Preserve.
Directions to the site are as follows: From downtown Jacksonville, travel north on Interstate (I) 95. Exit onto Pecan Park Road and travel west. At the intersection of Pecan Park Road with Arnold Road, the site is 0.35 mile to the north.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.532252°
Longitude -81.652460°
PROJECT PURPOSE:
Basic: The basic project purpose is housing.
Overall: The overall project purpose is construction of a residential subdivision and associated infrastructure in the northwest quadrant of I-95 and I-295 in North Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine forested system.
a. Soils: The Soil Survey of Duval County, Florida indicates the following five (5) soil types within the project area:
i. Mascotte fine sand, 0 to 2 percent slopes (38) - 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. 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.
iii. 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.
iv. 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.
v. Surrency loamy fine sand, 0 to 2 percent slopes, frequently flooded (67) - 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 proposed project area (+/- 185.92 acres) is characterized by six (6) generalized vegetative community types/land classifications per Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida Department of Transportation (FDOT), State Topographic Bureau, Thematic Mapping Section, 1999)].
i. Developed, Low-Density Residential Area (110) – An approximately 4.21-acre portion of the eastern edge of the site is associated with a single-family residence.
ii. Pine Flatwoods (411) – This community is comprised of 142.67 acres of pine plantation and pine flatwoods and has a canopy of slash pine (Pinus elliottii). The understory and groundcover are vegetated with yaupon holly (Ilex vomitoria), bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).
iii. Hardwood Conifer Mix (434) – This community is 4.68 acres and has a canopy of slash pine (Pinus elliottii) and a variety of oak species, primarily live oak (Quercus virginiana). The understory and groundcover are vegetated with cabbage palm (Sabal palmetto), bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), and bahiagrass (Paspalum notatum).
iv. Bottomland Forest (615) – This community is 21.51 acres and has a hardwood canopy of red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), water oak (Quercus nigra), sweetbay (Magnolia virginiana), pond cypress (Taxodium ascendens), and blackgum (Nyssa sylvatica var. biflora). The understory and groundcover are vegetated with fetterbush (Lyonia lucida), lizard’s-tail (Saururus cernuus), cinnamon fern (Osmunda cinnamomea), and Virginia chain fern (Woodwardia virginica).
v. Hydric Pine Flatwoods (625) – This community is 9.62 acres has a mixed canopy of slash pine, dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), red maple (Acer rubrum), and sweetgum (Liquidambar styraciflua). The understory is vegetated with fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum), Virginia chain fern (Woodwardia virginica), and pipewort (Eriocaulon spp.).
vi. Artificial Ponds (510) – Two manmade borrow ponds exist on the central portion of the site which are somewhat maintained and relatively free of vegetation. The area in ponds are 3.23 acres.
PROPOSED WORK: The applicant seeks authorization to place 37,422-cubic-yards of clean fill into 7.723 acres of waters of the United States (4.152-acres of palustrine forested wetlands and 3.22-acres of open water) to construct a 475-site residential subdivision and associated infrastructure. There would be 26.62 acres of wetlands to remain. The Corps is in the process of reviewing the proposed Approved Jurisdictional Determination submitted by the applicant to confirm the impacts to waters of the United States that would be jurisdictional to 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:
“Access to the entire of the upland development area in the northern portion of the
property requires construction of a road through a wetland area along the main entrance. Several smaller interior wetlands are also unavoidable because of the need to construct a functional surface water management system and the design of the lakes does not permit full avoidance of these areas. Even if the surface water management lakes could be constructed around the wetlands in the interior of the development, those wetlands would have adversely affected wetland function from being surrounded by lakes. After unsuccessful efforts to find alternative sites and thus avoid impacts to jurisdictional wetlands on this site, efforts to minimize the wetland impacts on this site were explored. To minimize the wetland impacts, the Applicant considered several site development designs. The wetland areas on the project are depicted in the attached Figure 4. In evaluating onsite alternatives, the Applicant considered two different site plans before avoiding and minimizing the project impacts further through the current proposed site plan. Redesigning the project to fully avoid wetland impacts or minimize wetland impacts further is infeasible because due to reasons mentioned in the no-action alternative. Without wetland impacts, the project would have an insufficient number of residential lots to be economically viable.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To offset the direct wetland impacts, the applicant proposes to purchase federal WRAP mitigation bank credits from Longleaf Mitigation Bank.”
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:
The Corps has determined the proposed project may affect the eastern indigo snake (Drymarchon couperi) based on the Eastern Indigo Snake Key. 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 Wood Stork (Mycteria americana) based on the Wood Stork Key. Therefore, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the tricolored bat (Perimyotis subflavus). The Corps will coordinate with the applicant or USFWS as required.
On April 16, 2024, the Corps executed a Regulatory Screening Tool (RST) report. The RAR 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), sea turtle species, Rufa Red Knot (Calidris canutus rufa), and Red-cockaded woodpecker (Picoides borealis). 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 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): The proposed project is located in freshwater wetlands, which are inland and upstream of tidal waters and 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 impact EFH or Federally managed fisheries in the St. Johns 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 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, at the letterhead address above, 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, at the letterhead address above, 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.
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 was required and was authorized by the St. Johns River Water Management District (SJRWMD) on January 22, 2024. The SJRWMD permit number is 25479-6, Seaton Creek Reserve Phase 4.
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.