SAJ-2004-06311(SP-JDW)

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:

APPLICANT: Jon Shepherd

                     Atlantic Environmental of Florida, LLC

                     657 Montreal Avenue

                    Melbourne, FL 32935

AGENT:      Shoji Kato

                   lchikoshi (USA), Inc.

                   1278 Rockledge Drive

                    Rockledge, FL 32955

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the St. Johns River. The project/review area is located at 1278 Admiralty Boulevard in 21 Section, 025S Township, 036E Range; at Latitude 28.294030 and Longitude -80.729440; in Rockledge, Brevard County, Florida.

EXISTING CONDITIONS: The upland land use type/vegetative community on the site is classified as Golf Courses and Hardwood-Coniferous Mixed. The property contains approximately 0.22 acres of forested wetlands and 22.98 acres of surface waters. The proposed project site is approximately 119 acres, and the area is part of a suburban watershed that is primarily composed of single- and multi- family residential development, commercial development, and golf course, with Interstate 95 bordering the project to the southwest.

PROJECT PURPOSE:

Basic: Residential Development

Overall:  The applicant’s stated purpose is to convert an existing golf course into a single-family residential subdivision including construction of stormwater management facilities.

PROPOSED WORK:  The applicant requests authorization to fill 0.22 acres of wetland and 20.17 acres of other surface water associated with the construction of residential development, roads, stormwater ponds, and other associated infrastructure.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment: “The existing surface waters proposed for impacts were created as drainage features when the existing golf course was created. These surface waters provide minimal benefits and habitat for aquatic fauna. The wetlands proposed for impact appear to have been lower areas created when the golf course was originally developed. The wetlands are small and low quality. There will be no secondary impacts to remaining aquatic resources or adjacent aquatic resources.”  The applicant committed to following erosion control best management practices for the project and has provided a Stormwater Pollution Prevention Plan.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “Compensation for wetland impacts includes the purchase of 0.07 wetland mitigation credits at Lake Washington 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, 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 and used 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 potentially present in the action area.

Crested caracara (Audubon's) (Caracara plancus audubonii): Crested caracaras are primarily found in prairies interspersed with marshes and cabbage palm hammocks, although current habitat use also included improved pasture, dry prairie, freshwater marsh, and mixed upland hardwoods. The golf course and hardwood-coniferous mixed land covers on site may provide marginal habitat for the species. The Corps has determined that the project may affect, but is not likely to adversely affect, the species. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

Eastern indigo snake (Drymarchon couperi): potential impacts to the Eastern indigo snake were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key. By use of the Eastern Indigo Snake Key dated 13 August 2013, the project results in a path of A-B-C-D-E, may affect but is not likely to adversely affect the eastern indigo snake provided the permit is conditioned for use of the Service’s current guidance for Standard Protection Measures For The Eastern Indigo Snake during site preparation and project construction. With an outcome of “not likely to adversely affect (NLAA)” as outlined in the key, the requirements of Section 7 of the Endangered Species Act (ESA) are fulfilled for the eastern indigo snake and no further action is required.

Wood Stork (Mycteria americana): The proposed project is located within the 15.0-mile radius core foraging area of four active wood stork nesting colonies but is approximately 5.8 miles from the nearest active wood stork nesting colony. The applicant has stated that there are approximately 2.49 acres of wood stork suitable foraging habitat

located within the on-site surface waters and the development will result in the

creation of 2.54 acres of littoral shelves around the stormwater ponds which will

result in more suitable foraging habitat for wood storks than what currently exists. Potential impacts to the threatened wood stork were evaluated using the Woodstork Key for Central and North Peninsular Florida, dated September 2008. Use of this Key produced the sequential determination A-B-C-D-E, NLAA. With an outcome of NLAA as outlined in the Key, the requirements of Section 7 of the ESA are fulfilled for the wood stork and not further action is required.

Bald Eagle (Haliaeetus leucocephalus): The bald eagle was delisted by USFWS and FWC in August 2007 as a result of positive recovery of the species. Although the bald eagle was delisted, it continues to be protected under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. There is one bald eagle nest (BE121) on the project site. The applicant has stated that impacts would be minimized to the on-site eagle nest by limiting work within the 330-foot protection zone to outside of the bald eagle nesting season. A portion of the existing ditch adjacent to the nest tree is proposed to remain and additional trees would also be planted between the proposed development and the nest tree to create a visual buffer. General Eagle Permit PER19563703 was obtained from USFWS for this project on 2 April 2025.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.

The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). The project work is located in forested wetlands with no water table present at time of sampling and golf course ponds which are inland from EFH. Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

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 may be required from the St. Johns River Water Management District and is being reviewed under application number 219072 - 2.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from St. Johns River Water Management District. 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 not 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. 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. 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 May 19, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Jason Wagman at Jason.D.Wagman@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Jason Wagman, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610. 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.

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