SAJ-2024-03768 (SP-ZJF)

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:

Directions to the site are as follows:  From downtown Jacksonville, travel north on US-23N, exit left onto Moncrief Road West, turn right onto Old Kings Road, right on Plummer Road, left on Darbywood Trail, right on Greatford Way, and right on Lishwood Way. The project site is located due west past the electrical transmission line easement.

PROJECT PURPOSE:  Basic:  The basic project purpose is housing.

Overall:  The applicant’s stated overall project purpose is to construct a residential subdivision and associated infrastructure within the north side of Jacksonville, Florida. The Corps may refine the overall project purpose if necessary, in coordination with the applicant during evaluation of project alternatives.

EXISTING CONDITIONS:  The onsite aquatic resources constitute a freshwater palustrine forested and non-forested system. The boundaries of the onsite wetlands have not yet been verified by the Corps. The applicant has identified that the following land cover types are present on the property, in accordance with the Florida Land Cover Classification System (FLCCS):

Upland:
   i. (183332) Coniferous Plantations: This land cover type consists of artificial forests dominated by evergreen trees (conifers) that have been planted for specific purposes such as timber production, conservation, or recreation. These plantations are typically managed through active silvicultural practices including planting, thinning, and harvesting. While coniferous plantations can have economic and environmental benefits, they can also have negative impacts such as biodiversity loss and contribution to soil erosion and water quality issues. The applicant has indicated that the vegetation of this land cover type at the project site is comprised primarily of planted slash pine, loblolly pine, saw palmetto, gallberry, muscadine, and tailed bracken.

  ii. (1311) Mesic Flatwoods: This land cover type is a pine woodland ecosystem characterized by an open canopy of longleaf or slash pine and a dense understory of shrubs, grasses, and forbs. Mesic flatwoods are well-drained, nutrient-poor, and fire-dependent ecosystems. Ecological benefits of this land cover type include biodiversity support, pollutant filtering, and carbon sequestration. The applicant has indicated that the vegetation of this land cover type at the project site is comprised primarily of slash pine, loblolly pine, sweetgum, water oak, saw palmetto, gallberry, shiny blueberry, wax myrtle, and broomsedge.

Wetland:
   i. (2240) Mixed Hardwood-Coniferous Swamps: This land cover type includes mixed wetlands forest communities in which neither hardwoods nor conifers achieve a 66 percent dominance of the crown canopy composition. Mixed Hardwood-Coniferous Swamps are forested wetlands characterized by a diverse mix of deciduous trees (hardwoods) and evergreen trees (conifers) growing in saturated or poorly drained often organic (peat) or mineral soils. These swamps are typically found in areas with abundant moisture, such as floodplains, near streams, or in regions with high rainfall. Ecological benefits of this land cover type include habitat for a diverse range of wildlife, including amphibians, reptiles, birds, and mammals; carbon sequestration; pollutant filtering; and flood attenuation. The applicant has indicated that the vegetation of this land cover type at the project site is comprised primarily of slash pine, loblolly pine, water oak, red maple, sweetgum, laurel oak, eastern red cedar, blackgum, bald cypress, sweetbay, loblolly bay, muscadine, netted chain fern, Virginia chain fern, and royal fern.

   ii. (1833321) Wet Coniferous Plantations: This land cover type is dominated by planted coniferous trees, such as pine cypress, in areas with higher moisture levels, standing water, or saturated soils for significant portions of the year. These plantations are often found in wetlands or areas with frequent flooding, and are typically managed for timber production, often involving drainage and replanting to optimize growth. While wet coniferous plantations can have economic and environmental benefits, they can also have negative impacts such as alteration of hydrology, loss of biodiversity, and soil degradation. The applicant has indicated that the vegetation of this land cover type at the project site is comprised primarily of planted slash pine with bushy bluestem, fetterbush, Virginia chain fern, and gallberry.

   iii. (4120) Blackwater Stream: This land cover type is comprised of perennial or intermittent/seasonal watercourses characterized by tea-colored water with a high content of particulate and dissolved organic matter derived from drainage through swamps and marshes. They generally lack an alluvial floodplain. The applicant has indicated the blackwater stream waterbody onsite is lined with similar vegetation as found in Mixed Hardwood-Coniferous Swamps.

The Corps has identified the following land cover types adjacent to the project area: Coniferous plantations; mixed conifer/hardwood; forested and scrub-shrub wetlands; residential; and electrical power transmission lines. The project area is bounded roughly by Plummer Road to the north, Trout River to the south, an electrical transmission line easement to the east, and the Norfolk Southern rail line to the southwest.

PROPOSED WORK:  The applicant seeks authorization to discharge clean fill into approximately 11.86 acres of forested wetlands for the construction of a 296-lot residential subdivision, including associated roads, three ponds, a lift station, and stormwater conveyance.

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 296 lots to create a viable project. The provided site plan has avoided the high-quality wetlands on-site, instead impacting the lower-quality wetlands.

During the review process the Corps will review alternatives to the proposed action and determine whether or not all appropriate and practicable measures have been proposed to avoid and minimize adverse effects to the aquatic environment.

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

The applicant has proposed to purchase mitigation credits from a Corps-approved mitigation bank with a service area covering the impact site, for the functional losses to Corps-jurisdictional aquatic resources that would result from project implementation. The extent and boundaries of Corps-jurisdictional aquatic resources on the site have not yet been verified by Corps personnel.

CULTURAL RESOURCES:  The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. A Phase 1 cultural resources survey has been conducted covering the Permit Area, with negative results for historic properties or other cultural resources. 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:  Based on lack of suitable habitat, the Corps has determined the proposed project would have no effect on the Eastern black rail (Laterallus jamaicensis ssp. jamaicensis), red-cockaded woodpecker (Dryobates borealis), green sea turtle (Chelonia mydas), hawksbill sea turtle (Eretmochelys imbricata), leatherback sea turtle (Dermochelys coriacea), or their critical habitat. No further consultation on these species is necessary.

The Corps has determined the proposed project would have no effect on the wood stork (Mycteria americana), based on programmatic key. Therefore, no additional consultation is required. The subject property is approximately 8.39 miles from the Jacksonville Zoo wood stork nesting colony and is inside of a wood stork Core Foraging Area (CFA). However, the subject property does not contain suitable foraging habitat (SFH) for the wood stork.

The Corps has determined the proposed project is not likely to adversely affect the eastern indigo snake (Drymarchon couperi), based on programmatic key. Therefore, no additional consultation is required. The applicant has agreed to implement the Service's Standard Protection Measures for the Eastern Indigo Snake (Service 2024) during site preparation and project construction. The subject property contains poor habitat for the snake and no xeric or gopher tortoise (Gopherus polyphemus) habitat with which the snake is associated.

The Corps has determined the proposed project may affect but is not likely to adversely affect the tricolored bat (Perimyotis subflavus). This species is not currently listed but is proposed federally endangered. The Corps will work with the applicant to determine whether the project would be complete prior to any listing, and if not, that the applicant understands they must comply with the requirement to halt work until which time the Corps can complete Endangered Species Act Section 7 consultation with the U.S. Fish and Wildlife Service for potential effects to the bat.

The applicant has indicated that no federally threatened or endangered species have been observed on site.

ESSENTIAL FISH HABITAT (EFH): Our initial determination is that the proposed action would not have an 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 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 Sacramento District Regulatory Division, 1325 J Street, Room 860, Sacramento, California 95814-2922, 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, Zachary J. Fancher, in writing at the Sacramento District Regulatory Division, 1325 J Street, Room 860, Sacramento, California 95814-2922; by electronic mail at Zachary.J.Fancher@usace.army.mil; or, by telephone at (916) 537-6924. 

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.

Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the Clean Water Act or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.

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.

CLICK HERE for Public Notice and Graphics:  https://saj.usace.afpims.mil/Portals/44/docs/regulatory/Public Notices/2025 01 January/West Branch/20250117-SAJ-2024-03768-Duval-0207-ZJF.pdf?ver=NYbp46jGt9rXRFbyC_BLfQ%3d%3d