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).
If you are interested in receiving an electronic copy of the project drawings associated with this Public Notice for the proposed project described, please send an e-mail to the project manager by electronic mail at Tracy.d.sanders@usace.army.mil.
APPLICANT: Mr. Thomas Jinks
Wildlight LLC
1 Rayonier Way
Wildlight, Florida 32097
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Lower Sister Creek, Upper Sister Creek and McQueen Creek. The project site is located on US Hwy 17 and Crandall Road at Section 41, Township 3 North, Range 26 East, Nassau County, Florida.
Directions to the site are as follows: The site is located south of US Highway 17/Interstate 95 interchange, with access approximately 0.5 mile south of the interchange on the east side of US 17.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.700948°
Longitude -81.616051°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a mixed-use residential and resort development.
Overall: The overall project purpose is to develop a mixed-use residential housing development and resort development community within the East Nassau County Panning Area (ENCPA) to meet Nassau County’s growth needs.
EXISTING CONDITIONS: The project review area is approximately 6,161.68 acres in size and consists of the below vegetative communities:
The project review area is characterized by uplands consisting of Recreational (Hunt Camp) (180), Open Land (190), Longleaf Pine – Xeric Oak (412), Upland Hardwood Forests (420), Hardwood-Coniferous Mixed (434), Coniferous Plantations (441), Coniferous Plantation (Young Pine) (441YP), Transportation (810), and Dirt Roads (814), and wetlands and surface waters were comprised of Bay Swamps (611), Mixed Wetland Hardwood (617), Cypress (621), Hydric Pine Flatwoods (625), Wetland Forested Mixed (630), Freshwater Marshes (641), Saltwater Marshes (642), Wet Prairies (643), Treeless Hydric Savanna (646), Wet Coniferous Plantation (W441), Dirt Roads in Wetlands (W814), Streams and Waterways (510), and Ditches (516) (Figure 2.0-1). Wetlands and surface waters comprise 2,031.44 acres (32.97%) and uplands comprise 4,130.24acres (67.03%) of the project review area.
BACKGROUND: The applicant provided the following background information:
The Preliminary Development Plan 5 (PDP5) is a component of a larger planning effort that implements the goals, objectives, and policies of the East Nassau Community Planning Area (ENCPA) and is adjacent to PDP4 (SAJ-2016-00118). The ENCPA is a 24,000-acre, state approved Sector Plan that was established for long-range planning for specific areas with the benefit of flexible planning when creating development strategies. The Sector Plan represents a form of long-range planning and does not authorize any development work. For Sector Plans, the additional specificity needed to begin the process for authorizing future development work is provided by the local government adopting a Detailed Specific Area Plan (DSAP). Additionally, Nassau County has imposed a requirement of obtaining a Preliminary Development Plan (PDP) to implement any DSAP (see Policy FL 13.01, Nassau County Comprehensive Plan). As such, the current PDP5 is the next phase of development in the ENCPA. PDP5 includes approximately 6,161 acres, is bisected by Crandall Road, east of US Highway 17, and is east of Interstate 95 in Nassau County, Florida. PDP5 includes the Resort Development (RD), Conservation Habitat Network (CHN), Village Center (VC) and Residential Neighborhood (RN) (three Tiers) land uses.
PROPOSED WORK: The applicant seeks authorization to discharge of an estimated 462,665 cubic yards of fill material into no more than approximately 200.06 acres of aquatic resources (179.7546 acres of forested wetlands, 19.8339 acres of herbaceous wetlands, and 0.4741 acre of non-wetland waters) for the construction of a mixed-use residential housing and resort development community with associated amenities, recreational facilities, associated infrastructure with a focus on natural resources and areas for conservation. The applicant is requesting a 25-year permit. The applicant has also requested an Approved Jurisdictional Determination by the Corps.
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 first federal requirement, impact avoidance, has been satisfied by the applicant by identifying the preferred alternative site followed by identification of the most ecologically valuable wetlands on PDP5 and putting great emphasis on designing around these sensitive areas. Preliminary road designs proposed impacts through multiple additional wetland strands; however, designs were modified to
avoid many of those roadway impacts. Protection of the PDP5’s “green infrastructure” forces development within the planning area into compact nodes while preserving critical wildlife habitat. This is critical to both the environmental sustainability of the site as well as the organization of the built environment, which has guided the design process and oriented development away from wetland resources of the PDP5, ensuring that impacts to wetlands have been avoided to the extent practicable. Preservation and management of the habitats within the CHN will support the protection of natural ecological functions and provide long-term protection of habitat values provided for a variety of indigenous wildlife. The second federal requirement, impact minimization, has been satisfied by minimizing WOTUS impacts to approximately 93.88 acres of wetlands and 0.10 acre of surface waters on PDP5. Wetland impacts have been limited to those areas necessary for road construction, the majority of which are located at current field/logging roads, stormwater management ponds, and edges of wetlands of lower quality whose ecological function was deemed difficult to maintain post-development. In addition, the following actions have been incorporated to minimize impacts from placement of fill in WOTUS as recommended in the 404(b)(1) Guidelines, Subpart H:
• Use of appropriate BMPs to confine the fill material;
• Use of appropriate machinery and methods of transport of the material for discharge; and
• Use of appropriately sized culverts to allow for a fluctuation in flows and for faunal movement.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing onsite Permittee Responsible Mitigation that includes the preservation of 1,510.39 acres of wetlands, restoration of 308.83 acres of wetlands, and preservation of 650.06 acres of uplands. The proposed impacts would result in the functional loss of 59.53 units. The proposed PRM would result in the functional gain of 221.30 units. The applicant provided the Corps with a detailed PRM conceptual mitigation plan.
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and 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). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on any Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), sea turtles, Red-cockaded woodpecker (Dryobates borealis), Rufa Red Knot (Calidris cantus rufa), Wood Stork (Mycteria americana), and West Indian Manatee (Trichechus manatus).
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 proposal would impact approximately 200.06 acres of freshwater, non-tidal wetlands inland of tidal waters and EFH that are utilized by various life stages of various species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Lower Sister Creek, Upper Sister Creek and McQueen 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 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, 701 San Marco Boulevard, Jacksonville, Florida 32207 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, Tracy D. Sanders, in writing at the Jacksonville Permits Section, 701 San Marco Boulevard, Jacksonville, Florida 32207; by electronic mail at Tracy.d.sanders@usace.army.mil; or, by telephone at (904) 232-1171.
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.
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