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: Nassau County
c/o Robert Companion
9661 Nassau Place
Yulee, FL 32097
WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands adjacent to Lofton Creek which drains southward to the Nassau River. The project site is located at William Burgess Boulevard at its’ existing terminus at U.S. Highway 17 southeastward through currently undeveloped lands to Miner Road, just to the south of Yulee High School and Yulee Middle School in Section 42, Township 2 North, and Range 27 East in Nassau County, Florida.
Directions to the site are as follows: Take I-95 North to Exit 366 (Pecan Park Rd). Turn right on Pecan Park and proceed to US Highway 17. Turn left (north) on US 17 and proceed approximately 7 miles to the intersection of Wm Burgess Blvd/US 17/Flounder Gig Drive. Arrive at project commencement point.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30.608581°
Longitude: -81.590677°
PROJECT PURPOSE:
Basic: The basic purpose of the project is to improve public roadway capacity, safety, and transit options in the city of Yulee, Nassau County, Florida.
Overall: The overall project purpose is to improve public roadway capacity, safety, and transit options in the city of Yulee, Nassau County, Florida through the extension of William Burgess Blvd. from US 17 to Miner Road.
EXISTING CONDITIONS: The wetland system consists of a freshwater, nontidal system adjacent to Lofton Creek. The project corridor is in a rapidly developing area and remaining active ranch lands are interspersed with newer residential, commercial, and institutional lands. Uplands within the project corridor have mostly been altered by development or silviculture.
b. Vegetative Communities: Six dominant land use cover-types were identified within and around the site boundaries. These communities were classified using the Florida Land Use, Cover and Forms Classification System (FLUCCS), 1999. Additionally, the landward extent of wetlands and other surface waters within the project corridor were delineated in accordance with the 2010 Final Atlantic & Gulf Coast Supplement to the Corps of Engineers Wetlands Delineation Manual (1987) and the Unified Wetland Delineation Methodology for the State of Florida dated July 1, 1994.
i. Low Density Residential (FLUCCS 111)
Dominant species in and around the Low Density Residential consists of turfgrasses and weeds, ornamental plantings, and remnant native tree and shrub species including longleaf pine (Pinus palustris), slash pine (P. Elliotti), laurel oak (Quercus laurifolia), saw palmetto (Serenoa repens), and gallberry holly (Ilex glabra).
ii. Educational Facilities (FLUCCS 171)
The Educational Facilities consist of the grounds associated with Yulee Middle School and Yulee High School on the eastern portion of the project corridor. The portions that are not developed as school buildings or associated infrastructure are vegetated primarily by turfgrasses (bahiagrass [Paspalum notatum] and Bermudagrass [Cynodon dactylon]) and turfweeds. A remnant upland community is located along the south fence line of the school properties and consists of myrtle oak (Quercus myrtifolia), saw palmetto, silverleaf (Pityopsis graminifolia), prickly pear (Opuntia mesacantha), three-awn grass (Aristida sp.), Virginia bluestem (Andropogon virginica), and Spanish needles (Bidens alba).
iii. Coniferous Plantation (FLUCCS 441)
Coniferous Plantation covers much of the middle portion of the project corridor in the area of Jacksonville Electric Authority’s reclaimed water sprayfield. Dominant vegetation includes longleaf pine, slash pine, laurel oak, loblolly bay (Gordonia Iasianthus), saw palmetto, gallberry holly, and three-awn grass.
iv. Mixed Wetland Hardwoods (FLUCCS 617)
Wetland 1 is a slough located to the west of the JEA sprayfield. There are signs of significant inundation and die-off of the tree canopy in the center of the slough. The canopy cover along the fringes is quite dense and is dominated by red maple (Acer rubrum), water oak (Quercus nigra), sweetbay magnolia (Magnolia virginiana), and sweetgum (Liquidambar styraciflua). Given the dense canopy, there is little or no understory or shrub layer, and the herbaceous layer consists of ferns – primarily netted chain fern (Woodwardia areolate) and cinnamon fern (Osmundastrum cinnamomeum).
v. Hydric Pine Flatwoods (FLUCCS 625)
Wetlands 3 and 4 are located on the north and south sides of the existing William Burgess Boulevard on the west side of U.S. Highway 17. It is likely that these two systems were once part of a larger wetland prior to the construction of William Burgess Boulevard. The forested portions are dominated by pond pine, sweetbay, loblolly bay, wax myrtle, and saw palmetto. There is an area in Wetland 4 on the south side of Burgess Boulevard that appears to have been cleared and allowed to regrow. This area is currently more herbaceous in nature and is dominated by Elliot’s rush (Juncus Elliotti), torpedograss (Panicum repens), maidencane (P. hemitomon), white-topped rush (Rhynchospora colorata), and sandweed (Hypericum fasciculatum). A portion of Wetland 5 was also classified as Hydric Pine Flatwoods.
vi. Wetland Forested Mixed (FLUCCS 630)
Wetland 2 is located on the east side of the JEA sprayfield, adjacent to the Yulee High School property. Dominant tree species in the canopy include pond pine (Pinus serotina), loblolly bay, and sweetbay magnolia. The shrub layer consists primarily of wax myrtle (Morella cerifera) and fetterbush (Lyonia lucida). The canopy and shrub layers are both relatively dense, and there is little or no herbaceous layer. Ground cover consists of sphagnum moss (Sphagnum spp.). A portion of Wetland 5 was also classified as Wetland Forested Mixed.
PROPOSED WORK: The applicant seeks authorization to directly impact 4.13 acres of waters of the United States. All impacts to waters of the United States (forested wetlands) are to facilitate the extension of William Burgess Boulevard from US 17 to Miner Road. The corridor will include 2 lanes, sidewalk, shared-use path, and bicycle lanes. Drainage will include curb, gutter, and inlets for piped collection to 3 new roadway ponds, 1 new joint-use pond, and a modified existing joint-use pond at Yulee High School.
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:
As the project proposes the extension of an existing roadway, some of the parameters, including the beginning and ending point are somewhat limited. Given the parameters of existing development and terrain, there was no practicable alternative to construction in wetlands. However, measures have been taken wherever possible to minimize harm to wetlands along the project corridor.
Preliminary studies of the project corridor by the Nassau County Department of Planning and Economic Opportunity studied the available alternatives, and considered factors including natural resources and ecology, transportation needs, education and culture, history, and protection of the quality of life of the existing residents. The preferred alternative takes advantage of traversing several areas that have been cleared or altered from the native plant communities. Additionally, the crossing of Wetland 1 has been placed so as to minimize the footprint. Further, surface water management ponds associated with the proposed roadway and with proposed Nassau County Schools will be combined into a joint-use pond and shifted to the east, thus decreasing the portion of the Burgess pond’s footprint that was originally situated in Wetland 2.
Avoidance and minimization of potential wetland and surface water impacts were incorporated throughout the development of the proposed build alternative alignments, where possible. Most of the project has been designed to occur within existing right-of-way (ROW), which reduces impacts to adjacent wetlands and surface waters. This plan represents the applicant’s best effort to avoid and minimize impacts to wetlands and surface waters.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes permanent impacts to 4.13 acres of forested wetland. The applicant also proposes to mitigate the unavoidable wetland impacts through the purchase of mitigation credit from the Longleaf Mitigation Bank. The applicant already owns credits at the Longleaf Mitigation Bank, and this project will debit against the total. The project was scored and assessed in the field with St. Johns River Water Management District (SJRWMD) staff, and a UMAM workbook was prepared based on that assessment. The SJRWMD assessed additional impacts related to potential drawdown associated with two of the stormwater ponds. The final functional loss for the SJRWMD UMAM is 3.54 units. Without the additional functional loss associated with the drawdown, the functional loss associated with direct impacts and secondary impacts is 3.13 units. A reservation notice associated with an application to modify a mitigation bank ledger for the debit of 3.95 credits has been provided.
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 Wood Stork (Mycteria americana). The Corps evaluated potential impacts to the wood stork using the Wood Stork Key for Central and North Peninsular Florida September 2008. Use of this key resulted in the sequential determination A>B>C>D>E>Not Likely to Adversely Affect. The project lies within the 13-mile Core Foraging Area (CFA) buffer for the Pumpkin Hill colony site. Wood storks occur in a wide variety of wetland habitats. Typical foraging sites for the wood stork include freshwater marshes and stock ponds, shallow, seasonally flooded roadside and agricultural ditches, narrow tidal creeks and shallow tidal pools, managed impoundments, and depressions in cypress heads and swamp sloughs. According to the Ecological Assessment Report, shallow surface waters and emergent vegetative communities within and adjacent to the project corridor may provide suitable foraging habitat for the wood stork. The applicant is proposing to replace impacts to suitable foraging habitat by providing mitigation at an approved mitigation bank which is within the appropriate CFA. The mitigation habitat will match the hydroperiod of the proposed impacts, and the project is not contrary to the Habitat Management Guidelines for the Wood Stork in the Southeast Region. The Not Likely to Adversely Affect determination will be ensured by the permit verification being conditioned with the specified mitigation requirements.
b. 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, the species not being observed during the field inspection, and due to the permit verification being conditioned for the use of USFWS’ 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.
c. 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 eastern and central United States and portion 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, the bats have not been recorded on site; however, a survey has not been completed. The proposed work would result in tricolored bat habitat removal as the William Boulevard Extension Project would require the removal of 4.13 acres of forested wetland impacts. If the tricolored bat were to be present, the species are mobile and could move to other forested habitat on site or in the surrounding vicinity 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 work would likely begin soon after permit authorization from the Corps. 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.
d. The project site is approximately 18 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. 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.
e. On 6 June 2024, the Corps utilized the Regulatory 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 coracea), loggerhead sea turtle (Caratta caretta), rufa red knot (Calidris canutus rufa), and West Indian manatee (Trichechus manatus) 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, Brett J. Burkart, in writing at the St. Louis Permits Section (SAJ-Support), 1222 Spruce Street, St. Louis, Missouri, 63103; by electronic mail at brett.j.burkart@usace.army.mil; by facsimile transmission at (314) 331-8738; or, by telephone at (314) 320-8129.
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 received an Individual Water Quality Certification (Permit No. 118853-6) on February 29, 2024.
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