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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Terri.M.Mashour@usace.army.mil.
APPLICANT: Dream Finders Homes, LLC
Attention: Robert Riva
14701 Philips Highway
Jacksonville, Florida 3256
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Mill Creek. The project site is located at 1581 Scott Road, Section 39, Township 5 South, Range 27 East, F, Duval Fruit Cove, St. Johns County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel south on Interstate (I) 95. Exit and travel west on I-295. Exit onto State Road (SR) 13 and travel south. Take a left and travel southeast onto Scott Road. The project site is approximately 1.10-mile south on Scott Road on the north/left side of Scott Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.073156°
Longitude -81.623536°
PROJECT PURPOSE:
Basic: The basic project purpose is housing.
Overall: The overall project purpose is to construct a residential development and associated infrastructure in St. Johns, St. Johns County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine forested system. The project site is 60.59 acres in size. The surrounding area is bordered to the north and east by Mill Creek, south by residential development, and to the west by Scott Road.
Pine-Mesic Oak (FLCCS 1124) 14.61 acres – This vegetative community consists of slash pine (Pinus elliottii), live oak (Quercus virginiana), American holly (Ilex opaca), saw palmetto (Serenoa repens), sweet bay (Magnolia virginiana), sweet gum (Liquidambar styraciflua), southern magnolia (Magnolia grandiflora), rusty lyonia (Lyonia ferruginea), muscadine gallberry (Ilex glabra), bracken fern (Pteridium aquilinum), and saw greenbrier (Smilax bonanox).
Rural Structures (FLCCS 1832) 8.46 acres – This land cover classification consists of multiple residential dwellings and assorted outbuildings.
Improved Pasture (FLCCS 183313) 19.7 acres – This vegetative community consists mowed bahia grass (Paspalum notatum), live oaks, bottlebrush (Callistemon spp.), and Chinese tallow (Triadica sebifera).
Bottomland Forest (FLCCS 22331) 13.55 acres – This vegetative community consists of American elm (Ulmus americana), loblolly pine (Pinus taeda), blackgum (Nyssa sylvatica), red maple (Acer rubrum), water oak (Quercus nigra), bald cypress (Taxodium distichum), wax myrtle (Morella cerifera), witchgrasses (Dichanthelium spp.), woodoats (Chasmanthium), cinnamon fern (Osmunda cinnamomea), and lizard’s tail (Saururus cernuus).
Mixed Hardwood-Coniferous Swamps (FLCCS 2240) 3.39 acres – This vegetative community consists of slash pine, sweetbay, loblolly bay (Gordonia lasianthus), red maple, water oak, sweet gum, blackgum, fetterbush (Lyonia lucida), large leaf gallberry (Ilex cassine), wax myrtle, chalky bluestem (Andropogon glomeratus), Virginia chain fern, cinnamon fern, and royal fern (Osmunda regalis).
Artificial/Farm Pond (FLCCS 3210) 0.87 acres – This land cover classification consists of a manmade pond.
Freshwater Non-Forested Wetlands (FLCCS 2100) 0.01-acre – This area is grazed pasture. Plant species consist of mowed bahia grass along with pennywort.
PROPOSED WORK: The applicant seeks authorization to place 14,400-cubic-yards of fill into 2.96 acres of aquatic resources (palustrine forested wetlands) for construction of a residential subdivision (41 lots) and associated infrastructure.
The applicant is requesting a 5-year authorization.
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 impacts to jurisdictional wetlands as much as practicable to still have a viable project, which avoids effects and impacts to fish and wildlife. Upland buffers have been proposed around the high-quality wetlands and wherever feasible. Due to the cost of land and cost incurred with construction, the Applicant needs the proposed development size to create a viable project. The provided site plan has avoided the high-quality wetlands on-site, impacting the lower quality, edge wetlands.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Wetland fill impacts are proposed to be ±2.96 acres of jurisdictional wetlands. As mitigation for the proposed jurisdictional wetland impacts, the Applicant will purchase 1.57 mitigation bank credits from a mitigation bank to be determined.”
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 based on the programmatic key. Therefore, no additional consultation is required.
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 is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the tricolored bat (Perimyotis subflavus), which is a species that is a candidate for federal listing. In the event that the trees on site cannot be cleared prior to species listing, the Corps will request U.S. Fish and Wildlife Service (USFWS) concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Red-cockaded woodpecker (Picoides borealis), Whooping Crane (Grus americana), or any other listed threatened or endangered species or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): The proposed project is located in freshwater wetlands, which are inland and upstream of tidal waters and 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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in Sal Taylor Creek. 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 would 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, address located at the letterhead above 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, address at the letterhead above; 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.
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.
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