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: Tom Yonge – Yonge Development Services,
634 SW 137th Way
Newberry, Florida, 32669
WATERWAY AND LOCATION: The project would affect aquatic resources associated with forested wetlands and a borrow pit which drain through John Boy Creek. The project site is located in Sections 16 and 38, Township 5 South, Range 25 East, Clay County, Florida.
Directions to the site are as follows: The project site is located within the Middleburg, Florida USGS topographic quadrangle. The parcel represents approximately 77.37acres of undeveloped forested land located south of the Outer Beltway, West of CR 739 and North of Lake Ashbury Drive in Clay County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.066159°
Longitude -81.812563°
PROJECT PURPOSE: The applicant proposes to construct a residential subdivision to meet the growing demand for housing in the Middleburg area.
Basic: Residential development.
Overall: Construction of a residential subdivision to meet growing housing demands in the Middleburg area.
EXISTING CONDITIONS: The proposed project site represents approximately 77.37acres of undeveloped forested land located south of the Outer Beltway, West of CR 739 and north of Lake Asbury Drive in Clay County, Florida. These wetland systems consist of a forested mix type wetland (FLUCCS Code 6300). These wetlands occur along the eastern property boundary adjacent to CR 739, and along a naturalized man-made drainage feature that extends north and cuts due east into the eastern wetland system. The majority of the area is dominated by slash pine (Pinus elliottii), scattered loblolly pine (Pinus taeda), black gum (Nyssa sylvatica), red maple (Acer rubrum), and loblolly bay (Gordonia lasianthus), with bald cypress (Taxodium distichum) occurring in the northeast portion of the eastern wetland. Wax myrtle (Myrica cerifera), Virginia chain fern (Woodwardia virginica), and cinnamon fern (Osmunda cinnamomea) make up the understory and ground cover. The habitat communities identified on the site were classified based on the Florida Land Use, Cover and Forms Classification System. Lands to the east and west of the project site are similarly characterized, while the lands to the north and south have been historically developed and are primarily comprised of residential developments.
PROPOSED WORK: The applicant seeks authorization to permanently discharge fill material into 2.96 acres of aquatic resources for the construction of a residential development project which would include a total of 167 individual lots. Additional activities associated with the project include the construction of access roads, three stormwater ponds, and site grading to facilitate the construction of these features.
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: Prior to placing the aforementioned property under contract, a thorough search of the surrounding area was conducted to determine the best possible location for the proposed development. Given the proximity of the site to existing schools, roadway infrastructure, and prospective homeowners, the site was selected by the applicant as the preferred alternative. A complete Alternatives Analysis was completed for the project which documents the limited availability of a location in this area which would be suitable for the proposed project. The majority of the wetland impact would occur within hydrologically degraded wetlands which consisted historically of a man-made drain which has naturalized and developed wetland characteristics over time. In addition, the applicant considered a variety of on-site alternatives in an effort to reduce wetland impacts to the greatest practicable extent. As a result of the on-site alternative evaluation completed by the applicant, wetland impacts were decreased by 9.28 acres, resulting in a proposed impact total of 2.96 acres.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: As compensation for the unavoidable loss of 2.96 acres of wetland resulting from the proposed project, the applicant proposes to purchase 2.96 mitigation credits from the Sundew Mitigation Bank (Corps permit #SAJ-2000-04530).
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 will request U.S. Fish and Wildlife concurrence with the following determinations pursuant to Section 7 of the Endangered Species Act:
-Tricolored Bat (Perimyotis subflavus) – Proposed Endangered: In the spring, summer, and fall, Tricolored Bats (TCB) occur in a wide variety of forested or wooded habitats where they roost and forage. TCB roost in clusters of leaves in live and dead deciduous trees, Spanish moss, and clusters of dead pine needles. In addition, TCB have also been observed roosting during summer in eastern red cedar trees, within artificial roosts like barns, beneath porch roofs, bridges, and concrete bunkers. TCB often overwinter in subterranean features (e.g. caves and abandoned mines) or other cave-like structures, but in the southern portions of their ranges, where caves and mines are sparse, TCB also roost in trees, road-associated culverts, and bridges and remain active and feed during winter. 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 2.96 acres of freshwater forested wetlands. 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 likely 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 USFWS. However, the species is not listed at this time; therefore, the Corps is not required to initiate consultation.
-West Indian Manatee (Trichechus manatus) – Threatened: The proposed project would occur within a freshwater forested wetland system. The preferred habitat of the West Indian Manatee includes shallow, slow-moving waters of rivers, estuaries, saltwater bays, canals, and coastal areas. None of these habitat types are present within the project location. Therefore, the proposed project would have no effect on the West Indian Manatee.
-Eastern Black Rail (Laterallus jamalcensis ssp. Jamaicensis) – Threatened: Black rail habitat is higher elevations in Estuarine and Palustrine persistent emergent wetlands and where these types of wetlands meet upland edges. Species habitat needs include the higher elevations of salt, brackish, or freshwater marsh, and dense herbaceous vegetative cover that allows movement underneath the canopy. Shrub-scrub and forested areas are not identified as black rail habitat. Based on this information, the proposed project would have no effect on the Eastern Black Rail.
-Whooping Crane (Grus americana) – Experimental population, Non-Essential: The Whooping Crane 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 are omnivorous, probing the soil surface with their bills and taking foods from the soil surface or vegetation. The proposed project would occur within a freshwater forested wetland community which is not suitable habitat for the Whooping Crane. Therefore, the proposed project would have no effect on this species.
-Eastern Indigo Snake (Drymarchon couperi) – Threatened: Eastern Indigo snakes frequent several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. The proposed project would occur within a freshwater forested wetland system, which is not listed as suitable habitat for the Eastern Indigo Snake. Therefore, the proposed project may effect, but is not likely to adversely affect the Eastern Indigo Snake.
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
2.96 acres of freshwater non-tidal forested wetlands. 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 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, Sam Woboril, in writing at the St. Paul District Regulatory Division Permits Section, 2926 Post Road, Suite B, Stevens Point, Wisconsin 54481; by electronic mail at samuel.j.woboril@usace.army.mil; or, by telephone at (651) 290-5878.
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 is required from the St. John’s River Water Management District (SJRWMD). On July 18, 2024, SJRWMD issued an individual 401 for the proposed project, therefore satisfying this requirement.
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.