SAJ-2024-02066 (SP-SSC)

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:

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with Governors Creek.  The project site is located in Sections 17, 18, 20, and 38, Township 6 South, Range 26 East.  in Green Gove Springs, Clay County Florida.

Directions to the site are as follows:  The north end of the pipeline can be accessed by taking FL 16 westbound from US-17 in Green Cove Springs approximately 3 miles down the road. The project area terminates at the southeast corner of the intersection of Springbank Road and FL-16 which is where the north end of the pipeline starts. To access the southern end of the pipeline, take South Oakridge Avenue south from State Road 16 about 2 miles until you get to Boulevard Road. Take Boulevard Road west from about a half mile and turn south on Planted Pine Trail to access the Governor’s Park WTP. This is where the southern end of the pipeline starts.

PROJECT PURPOSE:   Basic: The basic project purpose is to construct a water pipeline.

Overall: The overall project purpose is for additional water infrastructure including reclaimed water and to have maintained access roads along the pipeline easement for maintenance, inspections, and access.

EXISTING CONDITIONS:  The following is a summary of Florida Land Use, Cover and Forms Classification System (FLUCFCS) present within the project area according to Florida Department of Environmental Protection (FDEP) data. While habitats and acreages are provided as they are presented in the official FLUCFCS habitats data from FDEP, descriptions are provided that attempt to describe conditions and plant communities present in the project area.

FLUCFCS Habitats:

1180: Residential, rural – (0.13 acres) Habitat can be characterized by a previously maintained and now overgrown homestead with a designated lawn and landscaped area that is surrounded by pastureland. Dominant vegetation includes sabal palmetto and Bahia grass.

1860: Community Recreational Facilities – (1.20 acres) Habitat can be characterized by maintained county fairgrounds property. Property is developed and project area is confined to the edge of this habitat type along the road easement for Springbank Road. Dominant vegetation includes Bahia grass, slash pine and red cedar. 

2110: Improved Pastures – (3.14 acres) Habitat can be characterized by low intensity cattle grazing pasture. This pasture does not appear to be grazed often as there is minimal presence of cattle disturbance. Dominant vegetation includes Bahia grass, broomsedge, blackberry, dogfennel and various wild sedges and grasses.

2310: Cattle Feeding Operations – (1.80 acres) Habitat can be characterized by low intensity cattle grazing pasture with additional structures, buildings and fencing for corralling cattle. This pasture does not appear to have been used recently as it is significantly overgrown and not maintained. Dominant vegetation includes dog fennel, Bahia grass, and ragweed.

3100: Herbaceous (Dry Prairie) – (2.65 acres) Habitat classification according to the statewide landuse layer is not accurate as this habitat can be characterized by a previously clear cut, now successional forest. This habitat in its current state can be more accurately described as 4140 pine – mesic oak forest. Dominant vegetation includes slash pine, loblolly pine, laurel oak, water oak, sabal palmetto, saw palmetto, blackberry, wax myrtle, and various vines including muscadine and briars.

4110: Pine Flatwoods – (1.19 acres) Habitat classification according to the statewide landuse layer is not accurate as this habitat can be characterized by a previously clear cut, now successional forest. This habitat in its current state can be more accurately described as 4140 pine – mesic oak forest. This habitat is generally contiguous with the bordering habitat listed above as 3100: Herbaceous. Dominant vegetation includes slash pine, loblolly pine, laurel oak, water oak, sabal palmetto, saw palmetto, blackberry, wax myrtle, and various vines including muscadine and briars.

4120: Longleaf Pine – Xeric Oak – (0.40 acres) Habitat can be characterized by well drained / xeric conditions with a mixture of drought tolerant pine and oak species and a sparse understory and groundcover. Dominant vegetation includes sand live oak, live oak, turkey oak, red cedar, longleaf pine, slash pine and saw palmetto.

4410: Coniferous Plantations – (11.90 acres) Habitat can be characterized by mesic flatwoods and vegetation consistent with pine flatwoods habitat. While the habitat does consist of planted pines, there is not significant evidence of silvicultural activities such as bedding and densely planted pine rows. This habitat is naturalized and can more accurately be described as 4110: Pine Flatwoods. Dominant vegetation includes slash pine, loblolly pine, Bahia grass, broomsedge, blackberry, dogfennel, gallberry, and various wild sedges and grasses.

6170: Mixed Wetland Hardwoods – (0.71 acres) Habitat can be characterized by wetland bottomland forests associated with creek systems traversing the pipeline easement. Dominant vegetation includes laurel oak, water oak, red maple, loblolly bay, black gum, sweet bay, wax myrtle, fetterbush, giant gallberry, and diverse herbaceous wetland vegetation.

6250: Hydric Pine Flatwoods – (0.20 acres) Habitat can be characterized by pine dominated wetlands that have similar vegetation to the mesic pine flatwoods but contain significant hydrology and hydric soil indicators to meet the definition of wetlands. Dominant vegetation includes slash pine, loblolly pine, loblolly bay, sweet gum, wax myrtle, fetterbush, giant gallberry, gallberry, and diverse herbaceous wetland vegetation.

6300: Wetland Forest Mixed – (0.48 acres) Habitat can be characterized by depressional or basin wetland systems that feed into creek systems. These habitats have been affected by silvicultural actives and are generally less mature forests with higher percentages or disturbance species – particularly loblolly bay and red maple dominance. Dominant vegetation includes red maple, loblolly bay, laurel oak, water oak, black gum, sweet bay, wax myrtle, fetterbush, giant gallberry, blackberry, bamboo vine and diverse herbaceous wetland vegetation.

8200: Communications – (0.40 acres) Habitat can be characterized by a maintained lawn for a cell phone tower property. Property is developed and project area is confined to the edge of this habitat type along the road easement for Springbank Road. Dominant vegetation includes slash pine and Bahia grass. 

8320: Electrical Power Transmission Lines – (0.22 acres) Habitat can be characterized by a maintained dirt road with electrical powerlines within the easement. Dominant vegetation includes Bahia grass, dogfennel, blackberry, ragweed and broomsedge. 

PROPOSED WORK:  The applicant seeks authorization to construct approximately 3.9 miles of new water pipelines that will connect to various facilities and other water utility infrastructure in Clay County. The project would result in the direct impact of 0.55 acre of wetlands, secondary impacts within 0.48 acre of wetlands, and temporary impacts within 0.35 acre of wetlands. Direct impacts would occur from the construction of access roads. Secondary and temporary impacts would occur from the trenching involved in the installation of the water lines. Once construction is completed, temporary impact areas would be restored and left to revegetate naturally.

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: “It is not possible to construct the pipeline with access roads and not create impacts to wetlands. Wetland impacts to the major-high quality wetland system (Governors Creek) are avoided by directionally drilling under the creek. Impacts are minimized to fill for the remaining lower quality wetlands along the pipeline route.”

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

“To offset unavoidable impacts that would occur from these authorized activities, the permittee proposes to purchase 0.46 federal freshwater UMAM credits from Star 4 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 may affect, but is not likely to adversely affect the Eastern Indigo Snake (Drymarchon couperi) and Tricolored Bat (Perimyotis subflavus) or its designated critical habitat.  The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

The Corps has determined the proposal would have no effect on the wood stork (Mycteria americana), Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Whooping Crane (Grus americana), and the Monarch Butterfly (Danaus Plexippus) or its designated critical habitat.

ESSENTIAL FISH HABITAT (EFH):  Our initial determination is that EFH is not present within the project area; therefore, the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries.  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 St. Paul District Regulatory Division, 332 Minnesota Street, Suite E1500, St. Paul, Minnesota 55101 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, Samantha Coungeris, in writing at the St. Paul District Regulatory Division, 332 Minnesota Street, Suite E1500, St. Paul, Minnesota 55101; by electronic mail at Samantha.S.Coungeris@usace.army.mil; or by telephone at (651) 724-1999. 

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 Florida Department of Environmental Protection (FDEP).

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.