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:
Mr. Greg Matovina
Liberty Cove Nassau, LLC
12443 San Jose Boulevard, Suite 504
Jacksonville, Florida 32223
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Nassau River. The project site is located in Liberty Cove Subdivision on Liberty Cove Parkway in Sections 8, 17 and 45, Township 2 North, Range 27 East, in Nassau County, Florida.
Directions to the site are as follows: From intersection with US 17, drive west on William Burgess Boulevard approximately 1.8 miles to entrance to Livery Cove subdivision.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.599708°
Longitude -81.628470°
PROJECT PURPOSE:
Basic: To construct an access road.
Overall: To construct an access road to a proposed public park located in the Liberty Cove development of Nassau County
EXISTING CONDITIONS:
Project History: The proposed public park is located within the Liberty Cove development, that includes a residential subdivision, a future Nassau County school site, and a proposed public park. The residential subdivision is currently under construction and was previously authorized on October 6, 2023, by the Florida Department of Environmental Protection (FDEP) Section 404 Permit, #45-0406196-001-SFI.
Site Conditions: The proposed public park is approximately 37.73 acres in size and consists of 17.10 acres of wetlands.
1. The property encompasses the following: generalized land use/cover types identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
a. Hardwood – Conifer Mixed (FLUCFCS 434): The public park property contains areas with a canopy dominated by various hardwoods such as live oak (Quercus virginiana), water oak (Quercus nigra), southern magnolia (Magnolia grandiflora), and pignut hickory (Carya glabra) along with scattered slash pine and loblolly pine (Pinus taeda). The shrub layer and understory includes such species as wild olive (Osmanthus americanus), tree sparkleberry (Vaccinium arboreum), staggerbush (Lyonia ferruginea), saw palmetto, and bracken fern.
b. Inland Ponds and Sloughs (FLUCFCS 616): The canopy of the deeper wetlands on the public park property includes such species as blackgum (Nyssa sylvatica var. biflora), pond cypress (Taxodium ascendens), and red maple (Acer rubrum). The canopy in other areas includes such species as laurel oak (Quercus laurifolia), sweetgum (Liquidambar styraciflua), sweet bay (Magnolia virginiana), loblolly bay (Gordonia lasianthus), and slash pine. The ground cover vegetation in the lower areas includes such species as sphagnum moss (Sphagnum sp.), royal fern (Osmunda regalis), Virginia chain fern (Woodwardia virginica), buttonbush (Cephalanthus occidentalis), and dwarf bluestem (Sabal minor). The ground cover vegetation in other areas includes such species as waxmyrtle (Morella cerifera), sweet gallberry (Ilex coriacea), cinnamon fern (Osmunda cinnamomea), and netted chain fern (Woodwardia areolate).
2. Soils
a. Ellabelle mucky fine sand, frequently flooded. Portions of the wetlands on the public park property are mapped as Ellabelle mucky fine sand. This is a nearly level, very poorly drained soil that naturally occurs along drainageways. In an undrained condition, the water table is at or above the ground surface for 6 to 9 months during most years. This soil has an argillic horizon starting between 20 and 40 inches below the ground surface.
b. Croatan muck, frequently flooded. Portions of the wetlands on the public park property are mapped as Croatan muck. This is a nearly level, very poorly drained soil that has a seasonal high water table at or near the ground surface during most of the year. This soil has a surface layer of muck ranging from 16 to 51 inches in thick
c. Goldhead fine sand. Most of the public park property is mapped as Goldhead fine sand. This is a nearly level and gently sloping, poorly drained soil that has a seasonal high water table at a depth of less than 12 inches for 3 to 6 months and receding to a depth of 12 to 30 inches for 6 to 9 months of the year. This soil has an argillic horizon starting at a depth of 20 to 40 inches.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 4,970 cubic yards of fill material into 1.39 acres of freshwater, forested wetlands for the construction of an access road for a new park. The access road is also the extension of the existing Liberty Cove Parkway. The proposed activities also include the construction of two (2) pile-supported boardwalks within 0.06 acre of wetlands. No discharge of fill material is associated with the proposed boardwalks.
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 proposed road crossing will include culverts. In addition, no discharge of fill material would occur with the proposed boardwalks.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing to purchase 1.16 WRAP credits from Longleaf 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:
The Corps has determined the proposed project would have no effect on Eastern black rail (Laterallus jamaicensis ssp. jamaicensis), seaturtles, red-cockaded woodpecker (Picoides borealis), and Rufa-red knot (Calidris canutus rufa), and wood stork (Mycteria americana) as the habitats for these species are not present within the project area.
The Corps has determined that the proposed project may affect, but it not likely to adversely affect the Eastern indigo snake (Drymarchon couperi) and the tricolored bat (Perimyotis subflavus).
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 1.39 acres of palustrine forested wetlands inland of tidal waters and EFH that are utilized by various life stages of spiny lobster, snapper grouper and shrimp. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Nassau River. 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, Tracy D. Sanders, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Tracy.d.sanders@usace.army.mil; or, by telephone at (904) 232-1171.
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 hear