SAJ-2022-03453(SP-NDF)

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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). 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 Nicole.D.Fresard@usace.army.mil.

APPLICANT: Damon Brush

                      Nomad Development LLC

                     12701 Bay Plantation Drive

                      Jacksonville, Florida 32223

WATERWAY AND LOCATION: The project would affect aquatic resources associated with Julington Creek.  The project site is located at 4250 Popolee Road; at latitude 30.118123° and longitude -81.6406°; in Fruit Cove, St. Johns County, Florida.

EXISTING CONDITIONS: The 3.48-acre project site is currently undeveloped with single family development to the north, east, and south and Julingron Creek on the west. The existing vegetative communities and land uses have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) as described below:

Temperate Hardwoods (FLUCCS 425) includes: longleaf pine (Pinus palustris), slash pine (Pinus elliottii), water oak (Quercus nigra), running oak (Quercus pumila), wax myrtle (Myrica cerifera), saw palmetto (Serenoa repens), yaupon holly (Ilex vomitoria), bitter gallberry (Ilex glabra), dog fennel (Eupatorium capillifolium), muscadine (Vitis rotundifolia), and bracken fern (Pteridium aquilinum). This vegetative community was observed on the central and southern portions of the property. Stream and Lake Swamp (FLUCCS 615) includes: cypress (Taxodium sp.), blackgum (Nyssa biflora), red maple, (Acer rubrum) sweetbay (Magnolia virginiana), swamp bay (Persea palustris), wax myrtle (Morella cerifera), and buttonbush (Cephalanthus occidentalis). This vegetative community was observed on the northern and western portions of the property.

PROJECT PURPOSE:

Basic: The basic project purpose is housing.

Overall: The overall project purpose is to construct a residential development and associated infrastructure in Fruit Cove, St. Johns County.

PROPOSED WORK: The applicant requests authorization to discharge 5,390 cubic yards of fill material in 1.41 acres of freshwater forested wetlands for the construction of three single-family residences and associated infrastructure, including the installation of a new seawall along a portion of the 793.69 linear feet of shoreline, resulting in a total stabilized section of 512.47 linear feet.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and minimize impacts to the aquatic environment: The proposed residential development, located on a 3.48-acre parcel, has been designed to avoid and minimize wetland impacts to the greatest extent practicable while still meeting project objectives. The development includes the construction of homes and associated infrastructure, as well as approximately 512.47 linear feet of bulkhead along the shoreline to protect against ongoing erosion. During site planning, careful consideration was given to the placement and footprint of project components to reduce encroachment into wetland areas. As a result, approximately 1.37 acres of wetlands in the northern portion of the site would be preserved and left undisturbed. The preserved wetlands will be permanently protected through a Deed Restriction, which will prohibit any clearing, filling, grading, or disturbance. This restriction will be recorded with the property deed and apply to all current and future owners.

COMPENSATORY MITIGATION: The applicant offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Mitigation would be performed through the purchase of mitigation bank credits at a USACE approved bank located in Basin 4. The mitigation scores and mitigation bank credit amount has not been finalized.

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), National Marine Fisheries Service (NMFS) Southeast Regional Office Section 7 Mapper, and the NMFS Critical Habitat Mapper 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

West Indian Manatee: Since the proposal by the applicant involves in-water construction, potential impacts to the endangered West Indian Manatee were evaluated using Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (Key). Use of the Key resulted in the sequence A > B > C > D > G > N > O > P > P(3) “may affect, not likely to adversely affect”. This determination is based on the applicant’s agreement to abide by the Standard Manatee Conditions for In-water Work (2011)

Eastern Indigo Snake: Key The Corps completed an evaluation of the project based upon the USFWS South Florida Ecological Services Field Offices Consultation Key for the Eastern Indigo Snake (August 2017). Use of the Key resulted in the following sequential determination: A>B>C>D>E not likely to adversely affect. The permit will be conditioned with the “Standard Protection Measures for the Eastern Indigo Snake”. Through use of the key and special conditions, the requirements of Section 7 of the ESA have been fulfilled and no further action is required.

Tricolored Bat: In the spring, summer, and fall, Tricolored Bats (TCB) occur in a wide variety of forested or wooded habitats where they roost and forage. TCB roost in clusters of leaves in live and dead deciduous trees, Spanish moss, and clusters of dead pine needles. In addition, TCB have also been observed roosting during summer in eastern red cedar trees, within artificial roosts like barns, beneath porch roofs, bridges, and concrete bunkers. TCB often overwinter in subterranean features (e.g. caves and abandoned mines) or other cave-like structures, but in the southern portions of their ranges, where caves and mines are sparse, TCB also roost in trees, road-associated culverts, and bridges and remain active and feed during winter. Tricolored bats exhibit high site fidelity with many individuals returning year after year to the same hibernaculum. The project site hosts habitat conducive to host tricolored bats. The proposed project would impact 2.96 acres of freshwater forested wetlands. Additionally, if the tricolored bat were to be present, the species is mobile and it could move to other forested habitat on site or near the project site. Therefore, the Corps has determined the proposed work may affect, but would not likely adversely affect the tricolored bat. Because there is no programmatic agreement or Standard Local Operating Procedures for Endangered Species (SLOPES), a may affect, not likely to adversely affect determination by the Corps could require a conference opinion coordination with USFWS. However, the species is not listed at the time of this Public Notice; therefore, the Corps is not required to initiate consultation.

The Corps has determined that the proposed project may affect, but is not likely to adversely affect, the Atlantic Sturgeon, Kemp’s Ridley Sea Turtle, Hawksbill Sea Turtle, Leatherback Sea Turtle, Loggerhead Sea Turtle, Smalltooth Sawfish, Shortnose Sturgeon, or designated critical habitat. The Corps will request concurrence from the National Marine Fisheries Service with this determination pursuant to Section 7 of the Endangered Species Act.

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 and National Marine Fisheries 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.

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Our initial determination is that the proposed action may adversely affect EFH and/or fisheries managed by Fishery Management Councils and the National Marine Fisheries Service (NMFS). Implementation of the proposed project would indirectly impact approximately 0.2 acres of shrimp, snapper group, bluefish, summer flounder, and bull sharks . The effects of the project are determined to be minimal and permanent. These habitat(s) are utilized by the following species and their various life stages:

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: Water Quality Certification is required from the St. Johns Rive Water Management District.  

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from the 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 October 22, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Nicole Fresard at Nicole.D.Fresard@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention:  Nicole Fresard, 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.

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