SAJ-2024-05221 (SP-EBL)

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).

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with Pottsburg Creek. The project site is located at 2458 Dean Road (Duval County Property Appraiser – Parcel Identification Number 138573-0100, 138573-0000, 138577-0000, and 138579-0020), in Section 33, Township 2 South, Range 27 East, Jacksonville, Duval County, Florida.

Directions to the site are as follows:  From the Jacksonville District Office, take Interstate 95 south towards University Boulevard. Take exit 346A and head towards Terry Road. Turn right onto Terry Road then a left on Dean Road.

PROJECT PURPOSE:  Basic:  The basic project purpose is residential development.

Overall:  The overall project purpose is residential development and associated infrastructure within central Duval County.                                                

EXISTING CONDITIONS: The approximate 6.40-acre project area has environmental resources and land uses that have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS).

Upland Communities (5.15 acres)

Pine – Mesic Oak (FLCCS 1124)-This vegetative community consisted of slash pine (Pinus elliottii), laurel oak (Quercus laurifolia), live oak (Quercus virginiana), southern magnolia (Magnolia grandiflora), and sweetgum (Liquidambar styraciflua) with understory species such as blackberry (Rubus spp.).

Residential, Low Density (FLCCS 18212)–This community consisted of a low-density residential area with mowed grass and ornamentals.

Wetlands (1.25 acres)

Mixed Hardwood-Coniferous Swamps (FLCCS 2240)–This vegetative community consisted primarily of slash pine, cypress (Taxodium spp.), water oak (Quercus nigra), loblolly bay, and blackgum (Nyssa sylvatica) with understory species consisting of cinnamon fern (Osmundastrum cinnamomeum) and royal fern (Osmunda regalis).

Mixed Scrub-Shrub Wetland (FLCCS 2112)–This vegetative community consisted primarily of wax myrtle (Morella cerifera), saltbush (Baccharis halimifolia), cattails (Typha spp.), soft rush (Juncus effusus), and sedges (Carex spp.).

PROPOSED WORK:  The applicant seeks authorization to place 6,100 cubic yards of clean fill into 1.25 acres of acres of waters of the United States (mixed hardwood wetlands and mixed scrub-shrub wetlands) for a residential development and associated infrastructure. The proposed work would include the development of seventy-seven (77) single family residential lots and access roads.

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. Due to the cost of land and cost incurred with construction, the Applicant needs the proposed development acreage 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 ±1.25 acres of jurisdictional wetlands. As mitigation for the proposed jurisdictional wetland impacts, the Applicant will purchase 0.63 Mitigation Bank Credits from TBD Mitigation Bank”

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 a 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 a programmatic key. Therefore, no additional consultation is required.

The action falls within the range for the tricolored bat (Perimyotis subflavus), which is proposed for listing as threatened or endangered. If the tricolored bat is federally listed as threatened or endangered per the Endangered Species Act and the authorized work has not been completed, the Permittee is required to stop work and ask the Corps to reevaluate the effects of the permitted action on tricolored bat and if needed, complete Section 7 consultation with the U.S. Fish and Wildlife Service (USFWS) to address potential impacts to the tricolored bat.

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 (Dryobates 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 impact 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 been verified by Corps personnel.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing within 30 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at c. Alternatively, you may submit written comments through the Jacksonville Permits Section at the address listed above.

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, Brooke Lawrence, in writing at the Jacksonville Permits Section, address at the letterhead above; by electronic mail at Emily.B.Lawrence@usace.army.mil; or, by telephone at (904)-251-9191.

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 (SJRWMD).

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from SJRWMD. 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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