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: James Gomez
Dream Finders Homes, LLC
14701 Philips Highway, Suite 300
Jacksonville, Florida 32256
WATERWAY AND LOCATION: The project would affect waters of the United States associated with McGirts Creek. The project site is located on POW-MIA Memorial Highway in Sections 26, 25, and 35, Township 2 South, Range 24 East, in Jacksonville, Duval County, Florida.
Directions to the site are as follows: From the intersection with First Coast Expressway (SR 23) drive approximately 1,500 feet east on POW-MIA Memorial Parkway to
southwest corner of project site.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.2879°
Longitude –81.8676°
PROJECT PURPOSE:
Basic: The construction of a single-family residential development.
Overall: The construction of a single-family residential development in Western Duval County.
EXISTING CONDITIONS: The proposed project area is approximately 78.315 acres in size. 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
1. Pine Plantation (FLUCFCS 441) (40.33 acres): The northern half of the property contains an area of commercial pine plantation. The vegetation in this area comprises rows of even-aged planted slash pine (Pinus elliottii) with a ground cover dominated by such species as blackberry (Rubus s.), broomsedge (Andropogon virginicus) and bracken fern (Pteridium aquilinum). This area had previously been managed as improved cow pasture, so the original ground cover vegetation (gallberry and saw palmetto) had been removed many years ago.
2. Pine Flatwoods (FLUCFCS 411) (31.21 acres): The property contains two areas of pine flatwoods. The canopy is dominated by slash pine mixed with scattered longleaf pine (Pinus palustris) and hardwoods such as water oak (Quercus nigra) and loblolly bay (Gordonia lasianthus). The understory and ground cover vegetation is dominated by such species as bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens) and bracken fern (Pteridium aquilinum). The flatwoods in the northern half of the property were timbered in the recent past and replanted as pine plantation. However, these planted pines did not survive well in many areas and have naturally begun to reforest with a mixture of pines and hardwoods.
3. Open Land/Field (FLUCFCS 190) (1.85 acres): The northern half of the property contains a man-made pond surrounded by a grassy field that is regularly mown. The field is vegetated with such species as broomsedge and Spanish needles (Bidens alba).
4. Other Open Land (FLUCFCS 260) (11.65 acres): The northern half of the property contains an area of overgrown pasture that was abandoned and allowed to naturally revegetate. The plants in this area include such species as waxmyrtle
(Myrica cerifera), broomsedge, dogfennel (Eupatorium sp.), and blackberry.
5. Trail Roads (FLUCFCS 814) (3.06 acres): The northern half of the property contains sections of unpaved dirt roads.
Wetlands
Almost all of the onsite wetlands form an unnamed headwater of McGirts Creek. Most all of the trees were timbered about 10 years ago. The wetlands have gradually reforested since that time.
1. Wetland Forested Mixed (FLUCFCS 630)(7.44 acres): Most of the wetlands may be characterized as wetland forested mixed. The canopy and subcanopy in these areas comprise a mixture of such species as pond cypress (Taxodium ascendens), blackgum (Nyssa sylvatica var. biflora), sweet bay (Magnolia virginiana), sweetgum (Liquidambar styraciflua), loblolly bay, red maple (Acer rubrum), and slash pine. The understory and ground cover vegetation includes such species as waxmyrtle, fetterbush (Lyonia lucida), sweet gallberry (Ilex coriacea), myrtle leaf holly (Ilex myrtifolia), Virginia chain fern
(Woodwardia virginica), cinnamon fern (Osmunda cinnamomea), and royal fern (Osmunda regalis).
2. Hydric Pine Flatwoods/Wetland Scrub (FLUCFCS 625/631) (0.83 acre): he northern half of the property contains areas that had been managed as improved pasture but is now gradually reforesting with slash pine and loblolly pine (Pinus taeda). Waxmyrtle, broomsedge, sweetgum, and blackberry are common understory and ground cover species.
3. Wet Pine Plantation (FLUCFCS 441W) (0.91 acre): The central part of the property contains two small areas of wet pine plantation. The canopy comprises rows of even-aged slash pine. The ground cover vegetation include such species as cinnamon fern, yellow-eyed grass (Xyris sp.), beakrush (Rhynchospora spp.), and red root
(Lachnanthes caroliniana).
4. Man-Made Pond (FLUCFCS 524) (0.55 acre): The northern half of the property contains a man-made pond surrounded by uplands. Historically the pond may have been excavated from an isolated forested wetland as there are still a few wetland trees in the middle of the pond.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 24,232 cubic yards of fill material into 7.51 acres of freshwater forested wetlands and the excavation of 0.56-acre pond for the construction of a single-family residential development with associated roads and stormwater management features. An Approved Jurisdictional Determination has been requested from the Corps but has not been completed; therefore, at this time, the Corps has not determined the jurisdictional status of the aquatic resources at this site.
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 permit applicant avoided wetland impacts as much as possible during the site planning process. Wherever wetland impacts could not be avoided, they were minimized as much as possible. JEA will not provide water and sewer service to the project site except from POW-MIA Memorial Parkway. The only means of extending these utilities into the property is along the proposed entrance road.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed to purchase 4.89 Wetland Rapid Assessment Procedure credits from Loblolly 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:
a. Eastern indigo snake (Drymarchon corais couperi): 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 U.S. Fish and Wildlife Service (USFWS) 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.
b. Tricolored Bat (Perimyotis subflavus): The species is listed as an Information for Planning and Consultation (IPAC) species in the Duval County range, per 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 7.51 acres of freshwater forested wetlands and 0.56-acre pond. 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 initiate consultation. 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.
c. Whooping Crane (Grus americana): This project site is located within wetland habitat which could be utilized by the species for foraging and breeding. This species breeds, migrates, winters, and forages in a variety of wetland and other habitats, including coastal marshes and estuaries, inland marshes, lakes, ponds, wet meadows and rivers, and agricultural fields. For feeding, whooping cranes primarily use shallow, seasonally, and semi permanently flooded palustrine wetlands for roosting, and various cropland and emergent wetlands. Whooping cranes are omnivorous, probing the soil subsurface with their bills and taking foods from the soil surface or vegetation. While the habitat features in the proposed project area have the potential to be utilized by this species, there is a low likelihood of them being impacted by the proposed project due to their small range and estimated population size of this species in Florida. Therefore, the Corps determined the proposed work would have no effect on this species.
d. Red-cockaded Woodpecker (Picoides borealis): The project site is approximately 21 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. 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; 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.
e. On June 17, 2024, the Corps executed an RST report. The RST indicated that the IPAC species that are found within Flagler County could include the Eastern Black rail (Laterallus jamaicensis ssp. Jamaicensis) and sea turtles. 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 7.51 acres of freshwater non-tidal forested wetlands and 0.56 acre of pond 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, Nicole Fresard, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Nicole.D.Fresard@usace.army.mil or by telephone at (801) 295-8380 Extension 8321.
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 o