SAJ-1991-00108 (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). The purpose of this public notice is to solicit comments from the public regarding the work described below:

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with the Northeast interchange portion of the larger St. Johns DRI project. The approximately 51.4-acre project site is located northeast of the interchange between Interstate 95 and the International Golf Parkway/Nine Mile Road, Sections 10 & 11, Township 6 South, Range 28 East, St. Johns County. The properties include portions of St Johns County parcel IDs 027010-0010 and 027030-0000.

Directions to the site are as follows:  From Jacksonville, travel south on Interstate 95 for approximately 26 miles. The project site is east of Interstate 95 just before its intersection with the International Golf Parkway/Nine Mile Road.

EXISTING CONDITIONS: Based on information provided by the applicant, the project site contains 13.76 acres of wetlands. The Corps conducted a virtual site assessment of vegetation communities on the site, and identified one vegetation community in uplands, and three vegetation communities within the wetlands in accordance with the Florida Land Use, Cover and Forms Classification System (FLUCCS), as follows:

Uplands:

Coniferous Plantation (FLCCS 183332) – This vegetative community consisted primarily of planted slash pine, gallberry, blackberry (Rubus spp.), saw greenbriar (Smilax bona-nox), Carolina jessamine (Gelsemium sempervirens), bracken fern, and saw palmetto (Serenoa repens). Additional areas of planted pine also consisted of areas with longleaf pine (Pinus palustris), shiny blueberry (Vaccinium myrsinites), scrub rosemary (Ceratiola ericoides), chalky bluestem, tarflower (Bejaria racemosa), sparkleberry (Vaccinium arboretum), deer moss (Cladonia rangiferina), and wiregrass.

Onsite wetlands:

Hydric Pine Flatwoods (FLUCFCS 625) – 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 include such species as cinnamon fern (Osmunda cinnamomea), netted chain fern (Woodwardia virginica), Virginia chain fern, broomsedge (Andropogon sp.), fetterbush, and bamboo vine (Smilax laurifolia).

Artificial Impoundment/Reservoir (FLUCFCS 3220) – This land use category is considered an artificial man-made pond or “other surface water”. In this case, these areas were likely utilized for irrigation and drainage. The deeper portions of the impounded waters are typically devoid of vegetation with the banks and shallower portions consisting of Peruvian primrose willow, wax myrtle and Cuban bulrush (Cyperus blepharoleptos).

Cypress (FLUCFCS 621)/Cypress (FLCCS 2211) –– These systems are dominated by cypress (Taxodium distichum), water tupelo (Nyssa aquatica) and red maple (Acer rubrum). Additional sub-canopy species include Chinese tallow (Triadica sebifera), Carolina willow (Salix caroliniana), and Peruvian primrose willow. Groundcover vegetation comprises swamp fern (Telmatoblechnum serrulatum), salt bush, wax myrtle, Japanese climbing fern (Lygodium japonicum) and climbing hempvine (Mikania scandens).

PROJECT PURPOSE:  Basic: Mixed-use commercial and residential development.

Overall: The applicant proposes to discharge fill material into wetlands to finish constructing the final portion of the St. Johns DRI project, a master-planned mixed-use community and other associated infrastructure.

PROPOSED WORK:  The applicant seeks authorization to discharge fill material into 13.76 acres of aquatic resources for the construction of single-family residential buildings, infrastructure related to housing developments, and a stormwater management system.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:  As part of the original St. Johns DRI project, all avoidance and minimization efforts were evaluated and approved by the Corps as part of their 1991 permit authorization. Additionally, all impacts to WOTUS which could not be avoided or minimized were incorporated into compensatory mitigation calculations which have been fully implemented and approved by the Corps.

COMPENSATORY MITIGATION: The applicant has provided the following explanation why compensatory mitigation should not be required:  The 1991 St. Johns DRI project included approximately 464 acres of wetland enhancement, 326 acres of wetland restoration, 13.2 acres of wetland establishment, 1875.7 acres of wetland preservation, and 889 acres of upland restoration. All prior compensatory mitigation efforts were calculated for the entirety of the master-planned St. Johns DRI activities, including the current permit request. As such, no additional mitigation has been proposed.

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, federally recognized tribes and other interested parties.

The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Table 1: ESA-listed species and/or critical habitat potentially present in the action area.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification is required from the St. Johns Water Management District and was certified and will expire on October 22, 2029.

COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has been verified by Corps personnel.

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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 3, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Samuel Bohannon at Samuel.T.Bohannon@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Samuel Bohannon, 701 San Marco Boulevard, Jacksonville, Florida 32207, Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

CLICK HERE for Public Notice and Graphics: /Portals/44/docs/regulatory/Public Notices/2025 03 March/West/20250313 SAJ-1991-00108-ST. JOHNS-0403-STB.pdf?ver=z0-LWRr6ynOO2Lt7_nrA3g%3d%3d