SAJ-2024-01327 (SP-JRP)

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:      Brian Small

Bird Dog, LLC

3718 Royal Palm Key Jacksonville Beach, Florida 32250

WATERWAY AND LOCATION: The project would affect unnamed forested and unconsolidated bottom wetlands associated with Broward River (HUC 030801031601). The project site is located on the north side of Percy Road, slightly west of where it intersects with Willard Lane in Section 26, Township 1 North, Range 26 East in Jacksonville, Duval County, Florida.

Directions to the site are as follows: From central Jacksonville take I-95 N for approximately 8.9 miles, then take exit 362B for I-295 toward the beltway and continue for 3.1 miles. Then take exit 32 for FL-115/Lem Turner Road with a slight right onto the ramp to Jacksonville National Cemetery to merge onto FL-115 N/Lem Turner Rd. Then take a right onto Percy Rd.

APPROXIMATE CENTRAL COORDINATES: Latitude     30.46247°

                                                                             Longitude -81.699515°

PROJECT PURPOSE:

Basic: Residential development.

Overall: The applicant’s stated purpose is to develop a single- and multi-family residential complex to accommodate the growing workforce in Duval County.

EXISTING CONDITIONS: The proposed project area is approximately 44.95 acres and is comprised of uplands with pine-mesic oak (FLCCS 1124), rural structures (FLCCS 1832), and coniferous plantation (FLCCS 183332); and wetlands with wet coniferous plantation (FLCCS 1833321), mixed-hardwood coniferous swamps (FLCCS 2240), bottomland forest (FLCCS 22331), and artificial/farm ponds (FLCCS 3210). Wetlands are classified as freshwater forested/shrub wetlands (PFO4C), and unconsolidated bottom freshwater wetlands (PUB). The site is bordered to the north by undeveloped land, to the east by residential land, to the south by Percy Road, and to the west by undeveloped and residential land. The site contains an estimated 11.20 acres of wetlands which are the only aquatic resource.

PROPOSED WORK: The applicant seeks authorization to discharge approximately 15,000 cubic yards of fill material into 2.96 acres of forested and unconsolidated bottom wetlands for the construction of a residential complex with associated roadways, parking lots, and a stormwater management system. A total of 202 lots have been purchased by the applicant to facilitate project structures and construction.

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 applicant states that due to the project’s infrastructure size and access road needs, there are no viable available alternative potential properties within the project area and wider Duval County that are entirely within uplands. However, based on the preferred alternative, 74% of the wetlands within the property would be avoided. The provided site plan has also avoided the high-quality wetlands on-site, which would be further protected with the construction of upland buffers.

COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant proposes to purchase 1.57 Mitigation Bank Credits from an accredited mitigation bank for compensatory wetland mitigation.

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 project is not likely to adversely affect the eastern black rail (Laterallus jamaicensis ssp. Jamaicensis), red-cockaded woodpecker (Picoides borealis), and wood stork (Mycteria americana) and may affect, but is not likely to adversely affect the eastern indigo snake (Drymarchon couperi) based on the programmatic keys for the listed species. The project is not located within critical habitat for any of the listed species. The Corps will request initiation of formal consultation with the Fish and Wildlife Service(USFWS)/National Marine Fisheries Service(NMFS) pursuant to Section 7 of the Endangered Species Act(ESA) by separate letter.

Eastern black rail: The eastern black rail is listed as threatened by the federal ESA and is federally designated as Threatened by Florida’s Endangered and Threatened Species Rule. According to the USFWS, the rail inhabits salt to freshwater marshes with dense cover and nearby upland areas. No individuals were observed during site assessments and the subject property does not contain suitable marsh habitat to support the species as it is dominated primarily by forested wetlands. As such, a determination of not likely to adversely affect has been made for the rail.

Red-cockaded woodpecker: The woodpecker is listed as endangered by the federal ESA and is federally designated as endangered by Florida’s Endangered and Threatened Species Rule. Red-cockaded woodpeckers prefer mature pine forests, especially longleaf pine trees with optimal habitat characterized as 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. During site visits, red-cockaded woodpeckers were not observed nor were cavity trees identified and the applicant states that the subject property contains minimal mature pine habitat that could support the species. Based on these factors, the Corps has made a determination of not likely to adversely affect for the woodpecker.

Wood Stork: The wood stork is listed as threatened by the federal ESA and as federally designated threatened by Florida’s Endangered and Threatened Species Rule. Wood storks prefer to forage in ponds and marshes with little or no canopy but have been observed in forested wetlands with canopies of less than 20%. Suitable foraging habitat (SFH) for wood storks includes freshwater marshes, cypress depressions, swamp sloughs and tidal creeks and pools. For counties in Northeast Florida, USFWS has designated a 13-mile core foraging area (CFA) buffer around active nesting wood stork colonies to protect wood stork SFH. The subject property is approximately 5.09 miles from the Jacksonville Zoo wood stork nesting colony and is inside of the wood stork CFA. However, wood storks were not observed during the site assessment and the applicant has proposed mitigation to compensate for loss of wetlands and suitable foraging habitat. Therefore, the Corps has determined that the proposed work is not likely to adversely affect this species.

Eastern Indigo Snake: The eastern indigo snake is listed as threatened by the federal Endangered Species Act and as federally designated threatened by Florida’s Endangered and Threatened Species Rule. Eastern indigo snakes inhabit a

mosaic of habitats including sandhills, pine flatwoods, hardwood forests, moist hammocks, and areas that surround cypress swamps. Especially in their northern range, eastern indigo snakes are closely associated with gopher tortoise whose burrows provide shelter from winter cold and summer heat. While the subject property contains potentially suitable habitat which could sustain indigo snakes, no individuals were observed during site assessment and no gopher tortoise burrows were found which could shelter the snake. However, as the project has not been conditioned for use of the USFWS Standard Protection Measures for The Eastern Indigo Snake, the Corps has made a determination of may affect based on the USFWS Programmatic Effect Determination Key.

ESSENTIAL FISH HABITAT (EFH): This notice does not include consultation with the National Marine Fisheries Service on EFH, as the project area is inland and not in the vicinity of waters that could provide such habitat.

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 Regulatory Division, 1325 J Street, Sacramento, California 95814 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, Taylor Powell, in writing at the Sacramento Regulatory Division, 1325 J Street, Sacramento, California 95814; by electronic mail at taylor.m.powell@usace.army.mil; or, by telephone at (916)557-6883.

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.

Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.

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 (SJRWMD).

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.