SAJ-2025-00189(SP-ANS)

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:

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 Amber.N.Goldberg@usace.army.mil.

APPLICANT: Brian Small

                          Bird Dog LLC

                          3948 3rd Street South, suite 116

             Jacksonville Beach, Florida 32250

WATERWAY AND LOCATION: The project would affect aquatic resources associated with McGirts Creek. The project site is located at 3259 Stratton Road; at latitude 30.26333° and longitude -81.83436°; in Jacksonville, Duval County, Florida.

EXISTING CONDITIONS: The project is associated with Duval County Property Appraiser Parcel Identification Numbers 012872 0000 and 012872 0100, totaling approximately 10-acres. The site topography is primarily flat and slopes downward towards the wetland features positioned along the central portion of the property. The site is composed of vacant land in the northern and southern portions of the property, and multiple single-family residences as well as forested wetlands within the center of the property. The approximate onsite wetland features consist of forested wetlands abutting a stream. The onsite stream flows offsite to the east and discharges into McGirts Creek.

a. Vegetative Communities: The proposed project area is characterized by five (5) generalized vegetative communities/land use classifications per Florida Land Use, Cover, and Forms Classification System (FLUCFCS).

  i. Upland Communities

            a. Residential, Medium Density (FLUCFCS 120, 4.27-acres): This community consists of multiple single-family residences and their associated driveways and lawns. Vegetation within this community includes sweetgum (Liquidambar styraciflua), live oak (Quercus virginiana), sycamore (Platanus occidentalis), Virginia creeper (Pathenocissus quinquenfolia), and various landscaping ornamentals. 

            b. Vacant Land (FLUCFCS 191, 4.27-acres): This community consists of open, grassed land that is regularly mowed. The canopy is primarily open with very widely scattered live oak and water oak (Quercus nigra). The subcanopy is open. Groundcover is dominated by bahiagrass (Paspalum notatum) and also includes scattered torpedograss (Panicum repens), beggarticks (Bidens alba), and Mexican clover (Richardia sp.)  

            c. Hardwood-Conifer Mixed (FLUCFCS 434, 0.77-acres): This upland community has a canopy that includes water oak, live oak, camphor (Cinnamomum camphora) and longleaf pine (Pinus taeda). Vegetation within the understory includes wax myrtle (Morella cerifera), broomsedge (Andropogon virginicus), Chinese tallow (Triadica sebifera), Virginia creeper, and grapevine (Vitis rotundifolia).

  ii. Wetland Communities:

            a. Wetland Forested Mixed (FLUCFCS 630, 2.07-acres): This community consists of consist of forested wetlands surrounding a stream. The canopy of this community consists of slash pine, red maple (Acer rubrum), black tupelo (Nyssa sylvatica), red bay (Persea borbonia), sweetgum, and laurel oak (Quercus laurifolia) with sparse amounts of Chinese tallow. The lower strata contains red maple, sweetgum, slash pine, wax myrtle (Myrica cerifera), cabbage palm (Sabal palmetto), smooth beggarticks (Bidens laevis), torpedograss, St. Augustine grass (Stenotaphrum secundatum), netted chain fern (Woodwardia areolata), water pennywort (Hydrocotyle umbellata), and grapevine (Vitis rotundifolia).

  iii. Surface Waters:

            a. Ditches (FLUCFCS 510, 0.06-acres): There is a drainage ditch alongside the existing driveway to promote drainage from the single-family residences.

PROJECT PURPOSE:

Basic: Construct a single-family residential neighborhood.

Overall: Construct a single-family residential neighborhood in the western portion of Jacksonville, Duval County, Florida.

PROPOSED WORK: The applicant requests authorization to discharge 2,339 cubic yards of clean fill material into 1.45-acres palustrine forested/shrub wetlands, 0.04-acres upland cut ditches, and 0.03-acres wetland cut ditches to facilitate the construction of a single-family residential neighborhood and 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: “Efforts have been made in the planning of the proposed residential development to eliminate and reduce developmental impacts to wetlands where possible, primarily by focusing the developmental footprint within all usable uplands. However, some direct wetland impacts are required for a stream crossing and maximization of the property to achieve overall project purpose.”

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: “The applicant is proposing to purchase federal palustrine credits from a 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, 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. The Corps is the lead Federal agency for ESA consultation for the proposed action. Any required consultation will be completed by Corps.

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). The proposed project is located in freshwater wetlands, which are inland and upstream of tidal waters and 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 (SJRWMD). The project is being reviewed under SJRWMD Project Number 229310 – 2.

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.

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 August 31, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Amber Stroble at Amber.N.Goldberg@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Amber Stroble, P.O. Box 4970, Jacksonville, Florida 32232. 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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