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: Peters Creek Investments, LLP
Attention: Gerald Agresti
1845 Town Center Boulevard, Suite 105
Fleming Island, Florida 32003
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Peters Creek. The project site is located at on the west side of County Road 315, in Sections 6 and 31, Township 5 South, Range 25 East, Green Cove Springs, Clay County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel south on US 17. Take a right and travel west on CR 315. Take a left and travel south at the CR 315 90 degree turn. Travel ½ mile and the site will be on your right on the west side of 315.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.012110°
Longitude -81.738317°
PROJECT PURPOSE:
Basic: The basic project purpose is housing.
Overall: The overall project purpose is to construct a residential subdivision and associated infrastructure in Green Cove Springs, Florida.
EXISTING CONDITIONS: The 519.91-acre site consists mainly of cattle pasture with several small reservoirs serving as watering ponds for cattle operations throughout the project areas. Palustrine forested wetland habitat associated with Peters Creek forms the western and northern boundaries of the project area. There is a new school on the east central border of the property and the eastern side of the property is bordered by CR 315. There is a high density residential development east of CR 315. The onsite vegetation consists of the following:
Land use/land cover types were classified using the Florida Department of Transportation Florida Land Use, Cover and Forms Classification System (FLUCFCS, 1999). Land use/land cover types identified within the project area are depicted on Exhibit 3 and described below:
a. Unimproved Pastures (FLUCFCS 212) 304.47 acres - A large portion of the project area is utilized as pasture for cattle use. Ground cover is predominantly bahiagrass (Paspalum notatum) and blackberry (Rubus pensilvanicus).
b. Pine-Mesic Oak (FLUCFCS 414) 76.34 acres- Dominant vegetation in the community type includes slash pine (Pinus elliottii), loblolly pine (Pinus taeda), live oak (Quercus virginiana), southern magnolia (Magnolia grandiflora), laurel oak (Quercus laurifolia), wax myrtle (Morella cerifera), saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), gallberry (Ilex glabra), poison ivy (Toxicodendron radicans), shiny blueberry (Vaccinium myrsinites), and muscadine grape (Vitis rotundifolia).
c. Upland Scrub, Pine, and Hardwoods (FLUCFCS 436) 34.66 acres – This community type is identified immediately west of County Road 315 in the northern portion of the project area where infrastructure associated with historic agricultural operations on the site was previously demolished. Additionally, a small area in the southern tip of the parcel is also characterized by this FLUCFCS category. Canopy vegetation includes elderberry (Sambucus spp.), red maple (Acer rubrum), live oak, turkey oak (Quercus laevis), cabbage palm (sable palmetto), and wax myrtle. Ground cover is comprised of wire grass (Aristida stricta), broomsedge (Andropogon virginicus), bahia grass, and dog fennel (Eupatorium capillifolium).
d. Streams and Waterways (FLUCFCS 510) 0.32 acre – Two ditches are located in the northeastern area of the parcel. The ditches run along the southern side of Feedmill Road located off of CR 315.
e. Reservoirs less than 10 acres (FLUCFCS 534) 2.03 acres – There are two remaining cattle ponds located within the project boundary. There is a pond located along the eastern boundary adjacent to CR 315 and a second pond located centrally.
f. Streams and Lake Swamps (Bottomland) (FLUCFCS 615) 72.55 acres – Peters Creek runs along the western boundary of the project area. Dominant vegetation in this habitat includes bald cypress (Taxodium distichum), swamp bay (Persea palustris), slash pine, red maple, sweetgum (Liquidambar styraciflua), and water oak (Quercus nigra). Shrub and ground cover consists of Virginia chain fern (Woodwardia virginica), netted chain fern (Woodwardia aerolata), and fetterbush (Lyonia lucida).
g. Willow and Elderberry (FLUCFCS 618) 3.33 acres - Along the southeastern boundary there are several small areas where the canopy coverage is predominantly willows (Salix spp.) and elderberry, with small inclusions of chinaberry (Melia azedarach) and Chinese tallow (Triadica sebifera). Ground cover includes sedges and bahiagrass.
h. Exotic Wetland Hardwoods (FLUCFCS 619) 3 acres – This community type is identified in an isolated area located near the northeastern edge of the property adjacent to Feedmill road. Vegetation is comprised of elderberry, Brazilian peppertree (Schinus terebinthifolia), bottlebrush (Callistemon spp.), chinaberry and Chinese tallow.
i. Wetland Forested Mixed (FLUCFCS 630) 21.93 acres - Dominant vegetation in this community type typically includes bald cypress, slash pine, red maple, loblolly bay, sweetgum, and water oak. Shrub and ground cover consists of Virginia chain fern (Woodwardia virginica), gallberry, fetterbush (Lyonia lucida), pipestem (Agarista populifolia), and saw palmetto.
j. Wet Prairies (FLUCFCS 643) 1.28 acres – There is an area next within unimproved pasture near a cattle pond that is considered wet prairie. Ground cover is made up of cordgrass (Spartina bakeri), spike rushes (Eleocharis sp.), St. John’s wort (Hypericum sp.), and bahiagrass (Paspalum notatum).
Project History: On 26 October 2007, larger area that is located east and west of Peters Creek was submitted to the Corps for review. It was withdrawn on 30 July 2009 by the applicant. On 22 October 2014, a Nationwide 7 permit was verified to install two outfall pipes. On 10 September 2024, a Dry Land AJD was issued for Saratoga Springs Phase 4A, which is located west of Peters Creek. On 18 October 2024, an AJD was issued for a portion of the site that is currently under review. A Nationwide 58 is currently under review west of Peters Creek. The applicant has provided information that the proposed work currently under review for a residential subdivision is a single and complete project, per CFR 325.1(d)(2).
PROPOSED WORK: The applicant seeks authorization to place 1,700-cubic-yards of clean fill into 0.35 acres of waters of the United States (palustrine forested wetlands) for construction of a single family residential subdivision and associated infrastructure. These waters (area in red on the enclosed Exhibit Number 11) have been determined to be jurisdictional to the Corps due to an Approved Jurisdictional Determination approved by the Environmental Protection Agency (EPA) on October 18, 2024. The applicant also seeks authorization to place 44,300 cubic yards of fill into 9.15 acre of aquatic resources (5.38 acre of palustrine forested wetlands, 2.99-acre of an open water pond, and 0.13-acre of ditches) for construction of a residential subdivision. For this area, the applicant plans to submit an approved jurisdictional determination for Corps review in this area and has proposed that a portion of waters in this area are non jurisdictional to the Corps. The Corps will present the approved jurisdictional determination to the EPA under separate cover.
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 has designed the project to maximize the use of on-site uplands while reducing wetland impacts to the greatest extent practicable. In general, the larger contiguous wetland associated with Peters Creek and the remnants from the Wright’s Lake Dam is “optimal” quality with old growth trees, relatively natural hydrologic conditions, and sufficient connectivity to serve as a wildlife corridor for regional wildlife.
The applicant has worked with an engineer to reduce the project footprint of houses to maximize avoidance of high-quality on-site wetlands. A majority of proposed wetland impacts are to edge wetlands that have been impacted by the runoff from the cattle operations and include some invasive species, such as Chinese tallow (Triadica sebifera). Most areas of proposed wetland impact are for roadways, stormwater attenuation, access to other uplands on the property, or for the site to have proper grading. In addition, following construction of the proposed project, the remaining jurisdictional wetlands will all continue to have hydrologic and vegetative connectivity to Peters Creek.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant will purchase mitigation bank credits to off-set all jurisdictional wetland impacts upon approval of the attached WRAP analysis. In addition, by limiting wetland impacts to lower quality on-site wetlands, the applicant has agreed to preserve most of the on-site wetlands to remain. Wetland areas proposed for preservation constitute greater long term ecological value than the areas of wetland proposed for adverse effects. By preserving the wetlands associated with Peters Creek the applicant will be providing assurance that Peters Creek can continue to provide long-term ecological benefits to the region of the proposed project. The project was designed to minimize impacts to the wetlands in the most practicable way to meet the project goals.”
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) based on programmatic consultation. Therefore, no additional coordination is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the tricolored bat (Perimyotis subflavus), a species that is a candidate for federal listing. The Corps will work with the applicant to determine if work would be completed prior to any listing. If not, the Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect the Black Creek crayfish (Procambarus pictus), the Eastern Black rail (Laterallus jamaicensis ssp.
jamaicensis), the Everglade snail kite (Rostrhamus sociabilis plumbeus), the 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 proposed project is located in freshwater 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 Fisheries Management Council. 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, at the letterhead address, 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, at the letterhead address, by electronic mail at Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179.
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. 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.