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: Hart Resources
Mr. Curtis Hart
8051 Tara Lane
Jacksonville, Florida 32216
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Wallkill Creek. The project site is located at 5270 US Highway 17, in Section 03 and 10, Township 07 South, Range 26 East, Green Cove Springs, Clay County, Florida.
Directions to the site are as follows: From Green Cove Springs, head west toward US-17 Orange Avenue and turn right. Continue on Orange Avenue approximately 6 miles. The project area will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.91325°
Longitude -81.687314°
PROJECT PURPOSE:
Basic: Commercial Development.
Overall: The applicant has stated that the overall project purpose is development to construct a commercial facility to provide a Recreational Vehicle (RV) access in Jacksonville, Duval County, Florida.
EXISTING CONDITIONS: The aquatic resources onsite consist of wetlands, ditches, and a borrow pit pond. The boundaries of aquatic resources on the project site have not yet been verified by the Corps. Currently the project area is actively utilized
for agricultural and mining purposes (e.g., pine plantation and sand mine). The existing vegetative communities and land uses have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) as described below.
Uplands:
Tree Plantations (FLUCFCS 440; 70.14 ac.) The western half of the property (approximately 46.2 acres) comprises pine plantations. The canopy in these areas consists of rows of even-aged, planted slash pine (Pinus elliottii). The shrub layer and ground cover vegetation is dominated by such species as saw palmetto (Serenoa repens), bitter gallberry (Ilex glabra) and bracken fern (Pteridium aquilinum).
Wetlands and Surface Waters:
Ditch (FLUCFCS 513; 0.48 acres): A series of upland-cut drainage ditches are located throughout the Project site. These ditches are generally collocated with access roads and drain to the west and north of the property. These ditches contain vegetation including Peruvian primrose willow (Ludwigia peruviana), duckweed (Lemna minor), coin wort (Centella asciatica), penny wort (Hydrocotyl umbellate), day flower (Commolina diffusa), Mexican primrose willow (Ludwigia octavalvis), creeping ludwigia (Ludwigia repens), cattail (Typha latifolia), water lettuce (Pistia stratiotes), and water hyacinth (Eichhornia crassipes).
Reservoir (FLUCFCS 513; 21.31 acres): The south-central area of the property contains a borrow pit (approximately 21.30 acres as measured from the top-of-bank) that is beginning to refill with water. The size of this area of open water is changing over time, so no attempt is made to quantify it in this description. Rather the entire size of the borrow pit from top of bank is listed.
Wetland Forested Mixed (FLUCFCS 630; 2.81 acres): The eastern half of the property contains an area of forested wetland (approximately 3 acres). The wetland forms part of an unnamed drain that flows to the north under U.S. 17 and continues to the northeast before eventually discharging into the St. Johns River. Over a long period of time, this wetland has become incised into the surrounding land. The upper edges form seepage slope wetlands, while the bottom of the wetland comprises a slough.The canopy in the seepage slope contains such species as loblolly bay (Gordonia lasianthus), sweet bay (Magnolia virginiana), and pond pine (Pinus serotina). The shrub layer and ground cover vegetation include such species as fetterbush (Lyonia lucida) and cinnamon fern (Osmunda cinnamomea). The canopy in the lower portions of the wetland contains such species as blackgum (Nyssa sylvatica var. biflora), red maple (Acer rubrum) and sweet bay. This area has a relatively narrow flow channel. Ground cover vegetation includes various wetland ferns including royal fern (Osmunda regalis).
The existing area surrounding the project area consists mostly of agricultural fields with some development observed past the agricultural fields on the south side of the project area.
PROPOSED WORK: The applicant seeks authorization to discharge 345 cubic yards of fill into 1.31 acres of waters of the U.S. including 0.83 acres of wetlands and 0.48 acres of ditches for the construction of an access road to a new RV Park. An Approved Jurisdictional Determination has not been verified by this project. Therefore, 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:
“During the site design process, alternatives were explored to reduce and eliminate wetland impacts. The property has 2.81 acres of wetlands with 0.83 acres of impacts. The only impacts will be the entrance road and any grading that is needed to accommodate it. Access to the road along the northern property boundary was denied as it would violate the terms of the easement that was granted specifically for the timber and agricultural lands associated with Sandricourt Farms, LLC. The proposed road footprint was reduced to a minimum of 66-feet in width, which is the minimum access width allowed by Clay County. Additional impacts to ditches will total 0.40-acre and no mitigation will be provided for these impacts as they are constructed out of uplands. Secondary impacts to the on-site wetlands adjacent to the entrance road have been accessed 100 feet to the north and south.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Mitigation will be achieved through the purchasing of mitigation credits from a mitigation bank. A total of 0.63 wetland Uniform Mitigation Assessment Method mitigation credits will be needed as compensation for wetland impacts regulated by local, state, and federal wetland agencies. Mitigation credits are designed to offset adverse impacts to wetlands and designed to achieve viable, sustainable ecological, and hydrological functions of wetlands off the project site. Some options for mitigation banks that have available wetland credits include Nochaway Mitigation Bank or Sundew Mitigation Bank.”
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:
Eastern Indigo Snake (Drymarchon couperi): The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake based on the programmatic key. Therefore, no additional consultation is required.
Tricolored bat (Perimyotis subflavus): The action falls within the range for the tricolored bat, which is proposed for listing as threatened or endangered or proposed critical habitat for the species. If the tricolored bat is federally listed as threatened or endangered per the Endangered Species Act and the authorized work has not been completed, the Permittee is required to stop work and ask the Corps to re-evaluate the effects of the permitted action on the tri colored bat, and if needed, complete Section 7 consultation with the United States Fish and Wildlife Service to address potential impacts to the tricolored bat.
The Corps has determined the proposal would have no effect on the Everglade Snail Kite (Rostrhamus sociabilis plumbeus), Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Whooping Crane (Grus americana) or any other listed threatened or endangered species or designated critical habitat.
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 project work is located in palustrine forested wetlands, which are inland and upstream of tidal waters and EFH. 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 Sacramento District, Utah Permits Section at 533 West 2600 South, Suite 150, Bountiful, Utah 84128; by electronic mail at Nicole.D.Fresard@usace.army.mil 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 Sacramento District, Utah Permits Section, address at 533 West 2600 South, Suite 150, Bountiful, Utah 84128; 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: A water quality certification was obtained from the St Johns River Water Management District on April 12, 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.