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: EPG JAX LLC
c/o Mr. Nicholas Dister
111 South Armenia Avenue, Suite 201
Tampa, Florida 33609
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Thomas Creek. The project site is located along Lem Turner Road, in Section 18 and 19, Township 1 North, Range 26 East, Jacksonville, Duval County, Florida.
Directions to the site are as follows: From the Jacksonville Zoo and Gardens, get on to I-95 N from FL-105 S. Continue on I-95 N. Take I-295 S to FL-115 N/Lem Turner Rd.Take exit 32 from I-295 S. Merge onto FL-115 N/Lem Turner Rd.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.504971° Longitude -81.74562°
PROJECT PURPOSE:
Basic: Housing.
Overall: The applicant has stated that the overall project purpose is development to provide housing in Tampa, Duval County, Florida.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. 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 Mesic Flatwoods (FLCCS 1311) 63.11 acres – This vegetative community consisted of slash pine (Pinus elliottii) and loblolly bay (Gordonia lasianthus) with bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), bushy bluestem (Andropogon spp.), and bracken fern (Pteridium aquilinum).
Wetlands Mixed Hardwood-Coniferous Swamps (FLCCS 2240) 91.66 acres– This vegetative community consisted of slash pine, red maple (Acer rubrum), black gum (Nyssa sylvatica), bald cypress (Taxodium distichum), and loblolly bay with fetterbush (Lyonia lucida) and Virginia chain fern (Woodwardia virginica)
The existing area surrounding the project area consists of agricultural fields in the north and west and vacant land on the east and south sides of the proposed project area.
PROPOSED WORK: The applicant seeks authorization to The applicant seeks authorization to place 13,500-cubic-yards of fill into 5.19-acres of waters of the United States for the construction of a residential subdivision and associated infrastructure. 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:
“The project has been designed to minimize jurisdictional wetland impacts as much as practicable to still have a viable project. The Applicant needs 222 lots and for a viable project. Most of the wetland impacts are minor edge impacts, with the exception of Impact A, which is separate from the contiguous, larger system.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed mitigation through the purchasing of mitigation credits from a 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 programmatic key. Therefore, no additional consultation with the United States Fish and Wildlife Service is required pursuant to Section 7 of the Endangered Species Act.
Wood stork (Mycteria americana): The Corps has determined the proposed project may affect, but is not likely to adversely affect the wood stork based on programmatic key. Therefore, no additional consultation with the United States Fish and Wildlife Service is required pursuant to Section 7 of the Endangered Species Act
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 Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis), Red-cockaded Woodpecker (Picoides borealis), Green Sea Turtle (Chelonia mydas) Hawksbill Sea Turtle (Eretmochelys imbricata), Leatherback Sea Turtle (Dermochelys coriacea),
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 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 D. Fresard, in writing at the 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: WQC is required from the Saint Johns River Water Management District and was issued on January 30, 2024 under ERP No. 169842-3.
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.