TO WHOM IT MAY CONCERN: The purpose of this notice is to advise the public that the United States (U.S.) Army Corps of Engineers, Jacksonville District has implemented special emergency processing procedures approved by South Atlantic Division for the following request for Department of the Army (DA) authorization for an energy activity covered under Executive Order 14156, Declaring a National Energy Emergency, which was issued on January 20, 2025. That Executive Order directed the establishment of these special emergency processing procedures for permitting activities associated with the identification, siting, production, transportation, refining, and generation of domestic energy sources, including energy infrastructure. For the reasons stated in Sec. 1 of EO 14156, the President has found that these activities would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard permitting procedures.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at john.p.fellows@usace.army.mil.
APPLICANT: Clement Hilton
The Chemours FC, LLC
P.O. Box 753
Starke, FL 32091
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Lower St. Johns River (HUC 03080103). The project site is located directly east of the existing Maxville Mine, 2.73 miles directly south of I-10, directly south of County Road 228, and 0.6 mile west of U.S. 301, in Sections 31 and 32, Township 3 South, Range 23 East, and Sections 5 and 6, Townships 4 South, and Range 23 East in Clay and Duval Counties, Florida; at latitude 30.189975° and longitude -82.030767°.
EXISTING CONDITIONS: The proposed mine site totals approximately 270.58 acres.
The majority of the proposed project area was historically managed for silviculture. Unpaved, graded roads cross the proposed project area to provide access for silviculture operations. A total of 80.25 acres of aquatic resources occur throughout the proposed project area, including 69.62 acres of Wetland Forested Mixed (FLUCFCS 630), 9.77 acres of Coniferous Plantation Wetlands (FLUCFCS 441w), and 0.86 acres of ditches (FLUCFCS 510d).
The area surrounding the project area consists of the applicant’s mining and processing facilities to the west and northwest, additional pine plantations to the north and south, and mixed development to the east along U.S. 301.
PROJECT PURPOSE:
Basic: To mine mineral sands
Overall: To mine mineral sands from identified deposits in the vicinity of the applicant’s existing Maxville processing facilities
PROPOSED WORK: The applicant requests authorization to discharge dredged or fill material into 44.54 acres of aquatic resources. This total includes 34.8 acres of wetland impacts and 0.74 acres of surface water impacts.
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 applicant stated the following in their application: During the mine planning process, the footprint of the mining limits was reduced to avoid large wetland areas located along the eastern boundary of the Project Area, and wetland areas that connect to existing offsite wetlands west of the Project Area. These efforts to reduce the impact to wetlands within the proposed Mine Permit Boundary leaves 35.71 acres of wetlands and other surface waters undisturbed. The proposed reclamation/mitigation will mimic the pre-mining wetland hydrology, acreage, and wetland type.
During construction, all necessary steps will be taken for the duration of the project to ensure that no adverse impacts to water quality will occur. This may include, but is not limited to, siltation curtains, hay bales and floating turbidity screens, and other typical construction BMPs as necessary. All newly exposed surfaces will be seeded as soon as practicable. BMPs (as appropriate) will be installed along the limits of disturbance areas when adjacent to any undisturbed wetland areas.
COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant states that a review of the Regulatory In-Lieu fee and Bank Information Tracking System (RIBITS) revealed there are no mitigation bank service areas that include the location of the proposed project, nor any available In-Lieu Fee programs that service the project site. Therefore, the applicant proposes permittee-responsible onsite mitigation for any unavoidable impacts. This mitigation includes the onsite restoration of 58.06 acres of wetlands impacted during mining, with a 50’ hardwood-conifer mixed upland buffer. For long-term protection of the mitigation areas, the applicant states that the rules and statutes that protect all wetlands within the State of Florida including the Environmental Resource Permit (ERP) program and Section 404 of the Clean Water Act will suffice. The applicant states that they will be responsible for the financial assurance for the mitigation implementation. The applicant does not propose any long-term management of the mitigation areas after they achieve their performance standards.
The Corps has not yet finalized its review of the avoidance, minimization, or compensatory mitigation. A search on RIBITS conducted on June 23, 2025, indicated that the site is within the service area of eight federally approved mitigation banks.
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, using 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.
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Species Common Name and/or Critical Habitat Name
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Scientific Name
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Federal Status
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Eastern indigo snake
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Drymarchon couperi
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Threatened (T)
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Wood Stork
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Mycteris americana
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Endangered (E)
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Red-Cockaded Woodpecker
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Picoides borealis
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E
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Tricolored bat
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Perimyotis subflavus
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E (proposed)
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The Corps based its determinations on habitat availability in the action area for this project (including on the project site and in downstream waters potentially affected by the proposed work), and an IPaC species list obtained from the IPaC website.
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.
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) because there is no onsite EFH, and the Corps does not anticipate any downstream effects on 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.
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 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: The project requires Water Quality Certification the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. MMR_169603.
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the FDEP. 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. 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 July 17, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to John Fellows at john.p.fellows@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: John Fellows, 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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