SAJ-2024-01348 (SP-STB)

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.

WATERWAY AND LOCATION:  The project would affect Waters of the United States associated with McGirts Creek, a tributary to the Ortega River.  The project site is located in Sections 4 and 9, Township 3 South and Range 25 East immediately south of Herlong Recreational Airport. The project comprises the following real estate parcels: 013033-0000, 013020-0005, 013022-0000, 013023-0000, 013024-0000, and a portion of 013030-0000, 8883 Noroad, Jacksonville, Duval County, Florida.

Directions to the site are as follows:  From downtown Jacksonville, head west on Interstate 10, head south on Interstate 295, take exit 17 to get onto Old Middleburg Road, and turn right on Noroad. The project area is to the north of Noroad. 

PROJECT PURPOSE:  Basic: Residential subdivision development.

Overall: The applicant has stated that the overall project purpose is to construct a single family residential subdivision development on the west side of Jacksonville to serve local market demand for housing.

EXISTING CONDITIONS:  The wetland system consists of a palustrine forested system. The existing vegetative communities have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) as described below:

Onsite Uplands:

Pine Flatwoods (FLUCFCS 411) 27.98 acres. Most of the uplands comprise pine flatwoods. The canopy in the flatwoods is dominated by slash pine (Pinus elliottii) mixed with lesser amounts of longleaf pine (P. palustris) and loblolly pine (P. taeda) and such hardwoods as water oak (Quercus nigra), laurel oak (Q. laurifolia), and southern magnolia (Magnolia grandiflora). The shrub layer and ground cover in many areas is dominated by a dense undergrowth of saw palmetto (Serenoa repens), bitter gallberry (Ilex glabra) and bracken fern (Pteridium aquilinum).

Longleaf Pine – Xeric Oak (FLUCFCS 412) 10.05 acres. The western half of the property contains an area of scrubby pine flatwoods. The canopy is dominated by longleaf pine mixed with such hardwoods as live oak (Quercus virginiana), sand live oak (Q. geminata), turkey oak (Q. laevis), and bluejack oak (Q. incana). The shrub layer and ground cover vegetation in this area is relatively open and includes such species as bracken fern, wire grass (Aristida sp.) and scattered saw palmetto.

Hardwood – Pine Mixed (FLUCFCS 434) 3.74 acres. The northern half of the property contains two areas of hardwood – pine forest. These areas may historically been pine flatwoods that now contain a relatively high percentage of hardwoods due to the history of timbering and suppression of wild fires. The canopy in these areas is dominated by such species as water oak, laurel oak, live oak, sweetgum (Liquidambar styraciflua), and southern magnolia with lesser amounts of slash pine. The shrub layer and ground cover vegetation is dominated by such species as saw palmetto, bitter gallberry and bracken fern.

Upland Scrub, Pines and Hardwoods (FLUCFCS 436) 1.32 acres. The southeast corner of the property contains an area that had previously been managed as pasture and has subsequently revegetated with such species as waxmyrtle (Myrica cerifera), saltbush (Baccharis halimifolia), Chinese tallow (Triadica sebifera), sweetgum, slash pine, blackberry (Rubus sp.), greenbriar (Smilax sp.), and grape vine (Vitis rotundifolia).

Open Land (FLUCFCS 190) 3.48 acres. The southwest corner of the property contains a number of areas of open land. These areas are mostly maintained field vegetated with such species as bahia grass (Paspalum notatum) and various early successional weed species.

Single Family Residential (FLUCFCS 110) 1.89 acres. The southeast corner of the property contains a single family lot with a single story house and garage and adjacent areas of yard and driveway.

Spoil (FLUCFCS 743) 0.05 acre. Wetland W7 contains a strip of upland spoil located along the edge of a wetland-cut drainage ditch.

Onsite wetlands:

Inland Ponds and Sloughs (FLUCFCS 616) 9.02 acres. The deepest wetlands onsite comprise areas of inland ponds and sloughs. The canopy in these areas is dominated by such species as pond cypress (Taxodium ascendens), blackgum (Nyssa sylvatica var. biflora), red maple (Acer rubrum), sweetbay (Magnolia virginiana), myrtle leaf holly (Ilex myrtifolia), loblolly bay (Gordonia lasianthus), fetterbush (Lyonia lucida), Virginia chain fern (Woodwardia virginica), and sphagnum moss (Sphagnum sp.). These areas regularly hold standing water during the rainy season.

Hydric Pine Flatwoods (FLUCFCS 625) 2.18 acres. Some of the wetlands onsite comprise areas of hydric pine flatwoods. These areas have a seasonal high water table near the ground surface but typically do not hold standing surface water. The canopy is dominated by slash pine and pond pine (Pinus serotina) and, in some areas, scattered hardwoods such as loblolly bay. The shrub layer and ground cover vegetation includes such species as cinnamon fern (Osmunda cinnamomea), netted chain fern (Woodwardia virginica), Virginia chain fern, broomsedge (Andropogon sp.), fetterbush, and bamboo vine (Smilax laurifolia).

Wetland Forested Mixed (FLUCFCS 630) 0.16 acre. The northern end of the borrow pit in the southwest corner of the property contains a small area of forested wetland. The canopy in this area is dominated by such species as coastal plain willow (Salix caroliniana) and red maple.

Hydric Pine Flatwoods/Wetland Forested Mixed (625/630) 6.75 acres. Wetland W5 and the southern half of wetland W4 comprise a mixture of hydric pine flatwoods, bay swamp and pine/cypress/hardwood wetlands. The canopy in these areas comprises varying amounts of slash pine, loblolly bay, and pond cypress depending on hydrologic conditions.

Exotic Wetland Hardwoods/Wetland Scrub (619/631) 0.93 acre. The southeast corner of the property contains an area that had previously been managed as pasture and has subsequently revegetated with such species as waxmyrtle, saltbush, Chinese tallow, sweetgum, and elderberry (Sambucus canadensis).

Borrow Pit (FLUCFCS 524) 2.73 acres. The southwest corner of the property contains a portion of borrow pit. The shallower areas are vegetated with such species as spadderdock (Nuphar lutea) and torpedo grass (Panicum repens).

Ditch (FLUCFCS 510) 0.02 acre. The property contains a section of upland-cut ditch connecting to wetland W2.

PROPOSED WORK:  The applicant seeks authorization to place 1,942 cubic yards of clean fill into 1.61 acres of wetlands for the construction of a 150-lot residential subdivision, utility roads, and stormwater ponds. 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 applicant-preferred alternative originally included 158 lots which would’ve resulted in 3.76 acres of wetland impacts. Eight lots were removed from the design which minimized approximately 2.2-acres of wetland impacts. The remaining 20.2-acres of wetlands within the project area would be avoided.

Additionally, there are two other designs for the proposed project which would have required more impacts than the applicant-preferred alternative.

The first alternative is due west of the preferred alternative by approximately half a mile and would consist of six separate, privately-owned parcels totaling 65.3 acres. Approximately 26.4 acres of potential Waters of the United States are located within this footprint, and the proposed project of constructing a 150-lot residential subdivision would impact 1.65-acres of aquatic resources.

The second alternative is due west of the first alternative site by approximately half a mile and would also consist of six separate, privately-owned parcels totaling 76.96 acres. Approximately 27.76 acres of potential Waters of the United States are located within this footprint, and the proposed project of constructing a 150-lot residential subdivision would impact 2.1-acres of aquatic resources.

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

The proposed impacts have been assessed using the Uniform Mitigation Assessment Methodology (UMAM) and the Wetland Rapid Assessment Methodology (WRAP). Mitigation will be provided through the purchase of either UMAM or WRAP credit from a mitigation bank that serves this area.

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 Wood stork (Mycteria americana) based on programmatic key. Therefore, no additional consultation is required.

Based on information provided by the applicant, the Corps has preliminarily determined the proposed project may affect the Eastern indigo snake (Drymarchon couperi), wood stork (Mycteria americana), Eastern black rail (Laterallus jamaicensis ssp. jamaicensis), red-cockaded woodpecker (Picoides borealis), and the proposed tricolored bat (Perimyotis subflavus), black creek crayfish (Procambarus pictus), and candidate monarch butterfly (Danaus plexippus).  The Corps will consult with the U.S. Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act, as appropriate.  In addition, the Corps has preliminarily determined the proposed project will have no effect on green sea turtle (Chelonia mysas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Demochelys coriacea), and Loggerhead sea turtle (Caretta caretta).

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 is located upstream of any 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 Should you have any comments, please contact Samuel Bohannon (Sacramento District) in writing at the above letterhead address, or by email at Samuel.T.Bohannon@usace.army.mil, or by telephone at (775) 444-5596 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 Should you have any questions, please contact Samuel Bohannon (Sacramento District) in writing at the above letterhead address, or by email at Samuel.T.Bohannon@usace.army.mil, or by telephone at (775) 444-5596.

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 is 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.

CLICK HERE FOR Public Notice and Graphics: /Portals/44/docs/regulatory/Public Notices/2025 02 February/20250203 SAJ-2024-01348-Duval-0224-STB.pdf?ver=stnlw6U-qVgdu8_tj-Uh3Q%3d%3d