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: Intervest Construction of Jax, Inc
c/o Charlene Irland
2379 Beville Road
Daytona Beach, FL 32111
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Cunningham Creek and Sampson Creek. The project site is located southwest and northeast of the intersection of Longleaf Pine Parkway and Veterans Parkway, in Sections 1, 2, 10, and 11, Township 5 South, Range 27 East, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 30.080544°
Longitude: -80.575203°
PROJECT PURPOSE:
Basic: The basic project purpose is mixed use (residential-commercial) development.
Overall: The overall project purpose is to construct single-family residential lots to meet the local market demand for affordable housing in northwest St. Johns County with potential to construct additional single-family residential lots and commercial/office space in future phases.
History: USACE issued an Approved Jurisdictional Determination (AJD; SAJ-2011-02312) that included the project parcels on 2 April 2019. Following issuance of the AJD a multi-phase application was submitted to USACE and a permit was requested for Phase 1 of the development. The project and all of its phases were reviewed by USACE and a public notice was issued on 17 September 2019, and all permit documents were drafted. Before the permit could be issued, State Assumption went into effect and Florida Department of Environmental Protection (FDEP) obtained jurisdiction over all on-site wetlands within the project area.
FDEP issued State 404 Program Individual Permit No. 55-396565-001-SFI on 9 July 2021 authorizing construction of the first residential phase of the project. Review of the application file for this permit included review of the total plan of development, alternatives analysis, and long-term phasing plans that contemplated commercial development and wetland impacts at the locations of the currently proposed impacts. This review included public notice of the total scope of development.
EXISTING CONDITIONS: Soils: According to the Soil Survey of St. Johns County, Florida (U.S. Department of
Agriculture-Natural Resource Conservation Service) the project site encompasses St. Johns fine sand, depressional (map unit 5); Zolfo fine sand (map unit 8); Pomona fine sand (map unit 9); Smyrna-Smyrna, wet, fine sand (map unit 11); Ona-Ona, wet, fine sand (map unit 12); St. Johns fine sand (map unit 13); Floridana fine sand, frequently flooded (map unit 18); Manatee fine sandy loam, frequently flooded (map unit 22); Holopaw fine sand (map unit 46); Holopaw fine sand, frequently flooded (map unit 47); and Ellzey fine sand (map unit 64).
Vegetative Communities: The project site encompasses five vegetative communities
characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
a. Coniferous Plantation (FLUCFCS code 441): The site has historically been used for pine silviculture. The dominant canopy species is slash pine (Pinus elliottii). Other species include oak (Quercus virginiana), black cherry (Prunus serotina), laurel oak (Quercus laurifolia), gallberry (Ilex glabra), bracken fern (Pteridium aquilinum), saw palmetto (Serenoa repens), shiny blueberry (Vaccinium myrsinites), and wax myrtle (Myrica cerifera).
b. Hydric Coniferous Plantation (FLUCFCS 441H): Portions of the on-going silviculture
operation have encroached into on-site wetlands. Canopy species within these areas include slash pine, sweetgum (Liquidambar styraciflua), and red maple (Acer rubrum). Groundcover is dominated by bitter gallberry and cinnamon fern (Osmunda cinnamomea).
c. Wetland Forested Mixed (FLUCFCS code 630): Dominant vegetation includes bald cypress (Taxodium distichum), laurel oak, water oak (Quercus nigra), tupelo (Nyssa biflora), red maple, and sweetbay (Magnolia virginiana). Ground cover consists of Virginia chain fern (Woodwardia virginica), royal fern (Osmunda regalis), and cinnamon fern.
d. Roads and Highways (FLUCFCS code 814): The project includes improvements to the existing Veterans Parkway and Longleaf Pine Parkway. The right-of-way of both roads was filled pursuant to previous permitting efforts.
e. Electrical Power Transmission Lines (FLUCFCS code 832): An electric power line
transverses the southern edge of the property.
PROPOSED WORK:
a. The applicant seeks authorization to discharge fill material over a total of 3.64 acres of wetlands to facilitate work associated with Phase III of the overall site development. Phase III of the overall project would establish a residential subdivision southwest and northeast of the intersection of Longleaf Pine Parkway and Veterans Parkway.
b. The applicant also identified conceptual future work affecting wetlands (total plan of
development), which is associated with of the remainder of the property. The conceptual future work would impact a maximum of 8.53 acres of wetlands to facilitate commercial development and additional residential development. The applicant indicated that the proposed design, especially for the commercial areas, is only conceptual; and, measures to avoid and/or minimize work affecting wetlands would be incorporated into the final design proposal(s) and submitted to the Corps for evaluation as a request to modify any permit issued for Phase III.
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:
“Several design elements and considerations were utilized to avoid and minimize wetland impacts to the fullest practicable extent in the currently proposed project design. Careful consideration was given to the extent and location of the site plan components to minimize wetland impacts while maintaining necessary requirements to meet project objectives. Where possible, existing trail roads and wetland crossings were incorporated in the design plans to reduce wetland impact footprints. Wetland quality was also taken into consideration when avoidance and minimization was evaluated for this project. The lot density was increased in the southeastern portion of the site with the fewest wetlands in order to avoid impacts to higher quality wetlands to the west. The wetland impacts associated with the project have been minimized to the fullest extent possible that would allow the applicant to achieve the basic project purpose. The project site consists of uplands and wetlands that have been consistently disturbed over the last 30 years by silvicultural practices. The majority of the on-site wetlands have been significantly degraded by these activities.
Potential future phases have been conceptually designed to avoid and minimize wetland impacts to the greatest extent practicable. Potential future residential phases have limited wetland impacts to road crossings and minimal lot fill. Potential future commercial parcels were configured to maximize the use of uplands adjacent to the intersection of Longleaf Pine Parkway and Veterans Parkway. At this time the impacts within the commercial phases are conceptual because an end-user has not been identified. Upon finalization of site plans for these areas, the applicant will submit permit modifications to USACE demonstrating that each future phase has avoided or minimized impacts to wetlands to the greatest extent practicable.”
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 3.64 acres of direct wetland impacts requiring mitigation and 8.53 acres of potential future wetland impacts. The proposed mitigation plan is phased to coincide with the proposed construction phasing. Overall, mitigation will be accomplished through the purchase of 8.51 UMAM credits from a mitigation bank servicing the project area.
A corresponding credit allocation letter for each unit will be submitted to USACE prior to initiating each construction phase. The phased mitigation plan is detailed in tables A-1 and A-2 below.
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 has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi) based on programmatic key. Therefore, no additional consultation with the U.S. Fish and Wildlife Service is required pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the tricolored bat (Perimyotis subflavus) based on programmatic key. The applicant would complete work prior to any potential listing of the species; or, if the species is listed prior to work completion, the applicant would pursue consultation with the U.S. Fish and Wildlife Service pursuant to Section 10 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on the Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis) or the Whooping Crane (Grus americana), or on any other listed threatened or endangered species or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): Our initial determination is that EFH is not present within the project area; therefore, the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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, 332 Minnesota Street, Suite E1500, St. Paul, MN, 55101 within 30 days from the date of this notice and reference this public notice number.
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, Caree Kovacevich at 651-290-5329 or Caree.C.Kovacevich@usace.army.mil.
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.
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.