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) as described below:
APPLICANT: St. Augustine Country Club, LLC
Attn: Mr. Bart Walchle
1506 Roberts Drive
Jacksonville Beach, Florida 32250
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Moultrie Creek. The project site is located northwest of the intersection of State Road 207 and Wildwood Drive, in Sections 27, 28, 33, 34, 35, and 55, Township 7 South, Range 29 East, and Section 4, Township 8 South, Range 29 East, St. Augustine, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.851117°
Longitude -81.374982°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the establishment of a residential development serving southwest St. Augustine.
PROJECT HISTORY: The overall project site (identified as Entrada) is formed by three separate parcels, which are the Gateway to St. Johns, The Reserve, and The Key Parcel. The Corps previously issued a Standard Permit for work associated with the Gateway to St. Johns project (file number SAJ-2005-03966); and, verified that a Nationwide Permit authorized work associated with The Reserve project (file number SAJ-2005-03971). The Standard Permit associated with the Gateway to St. Johns project is valid until January 22, 2019. The Nationwide Permit verification associated with The Reserve project has expired.
EXISTING CONDITIONS:
Topography and Soils: Elevations on the site generally range from 30 feet to 35 feet National Geodetic Vertical Datum. The site generally slopes downward from northwest to southeast; and, the site encompasses a portion of Moultrie Creek. The Soil Survey of St. Johns County, Florida (U.S.D.A., Soil Conservation Service, 1983) identifies nine soils at the project site.
a. Floridana fine sand, frequently flooded (code 18): This soil is a very poorly drained, nearly level soil on flood plains and in broad, shallow drainageways. This soil is subject to flooding for one to three months during the rainy season. The water table is at a depth of less than 10 inches for more than six months during most years. Typically, the surface layer is black fine sand about 18 inches thick. The subsurface layer is grayish brown fine sand about 10 inches thick.
b. Immokalee fine sand (code 07): This soil is a poorly drained, nearly level soil on broad flats and low knolls in the flatwoods. The seasonal high water table is at a depth of less than 10 inches for about two months of the year. It is at a depth of 10 to 40 inches for more than eight months of the year, and it recedes to a depth of more than 40 inches during extended dry periods. Typically, the surface layer is very dark gray fine sand about eight inches thick. The subsurface layer, which is about 32 inches thick, is light gray and white sand.
c. Myakka fine sand (code 03): This soil is a nearly level, poorly drained soil that occurs in the flatwoods and formed in marine deposits of sandy material. The seasonal high water table is at a depth of less than 10 inches for one to four months in most years. It is at a depth of 40 inches during dry seasons. Typically, the surface layer is black and dark gray fine sand about eight inches thick. The subsurface layer is gray and light gray fine sand about 15 inches thick.
d. Pomello fine sand, 0 to 5 percent slopes (code 15): This soil is a moderately well drained, nearly level to gently sloping soil on long, broad to narrow, slightly higher ridges and knolls in the flatwoods. This soil has a seasonal high water table at a depth of 24 to 40 inches for one to four months during the normal wet seasons. During the drier seasons, the water table recedes to a depth of 40 to 60 inches. Typically, the surface layer is gray fine sand about four inches thick. The subsurface layer, to a depth of 40 inches, is gray, white, and light gray fine sand.
e. Pomona fine sand (code 09): This soil is a poorly drained, nearly level soil is in broad areas in the flatwoods. The seasonal high water table is within 10 inches of the surface for one to three months and is at a depth of 10 to 40 inches for six months or more. During extended dry periods, the water table recedes to a depth of more than 40 inches. Typically, the surface layer is black to very dark gray fine sand about six inches thick. The subsurface layer, which is about 15 inches thick, is gray and light gray fine sand.
f. Riviera fine sand, frequently flooded (code 36): This soil is a poorly drained, nearly level soil in poorly defined drainageways and on flood plains. The seasonal high water table is within 10 inches of the surface for two to four months in most years. It is below a depth of 40 inches in driest seasons. This soil is subject to flooding for up to three months during times of high rainfall. Typically, the surface layer is gray fine sand about 10 inches thick. The subsurface layer is light gray fine sand to a depth of 23 inches.
g. Smyrna fine sand (code 11): This soil is a poorly drained, nearly level soil in the flatwoods. The seasonal high water table is at a depth of less than 10 inches for one to four months, and it recedes to a depth of 10 to 40 inches for more than six months in most years. During the rainy seasons, the water table rises above the surface briefly. Typically, the surface layer is black fine sand about seven inches thick. The subsurface layer is gray fine sand to a depth of 14 inches.
h. St. Johns fine sand, depressional (code 05): This soil is a very poorly drained, nearly level soil in depressions in the flatwoods. This soil is covered with standing water for periods of 6 to 12 months in most years. Typically, the surface layer is black fine sand about 13 inches thick. The subsurface layer is fine sand, which is about 12 inches thick. It is dark gray in the upper three inches and gray in the lower nine inches.
i. Winder fine sand, frequently flooded (code 48): This soil is a poorly drained, nearly level soil that formed in loamy marine materials. The seasonal high water table is within a depth of 10 inches for two to six months during most years. The soil is subject to flooding for periods up to three months during times of high rainfall in most years. Typically, the surface layer is dark gray fine sand about three inches thick. The subsurface layer is light gray fine sand about eight inches thick.
Vegetative Communities: The project site encompasses nine generalized vegetative communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
a. Improved Pasture (FLUCFCS code 211): This community was historically used and maintained as pasture for cattle. In recent years that cattle have been removed, mowing and prescribed fire has continued periodically. Vegetation consists of Bahia grass (Paspalum notatum), wax myrtle (Myrica cerifera), saltbush (Baccharis halimifolia), winged sumac (Rhus copallina), goldenrod (Solidago sp.), slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), and southern red cedar (Juniperus silicicola).
b. Pine Flatwoods (FLUCFCS code 411): This community has a canopy of slash pine (Pinus elliottii). The understory and groundcover are vegetated with yaupon holly (Ilex vomitoria), bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).
c. Xeric Oak (FLUCFCS code 421): This community is dominated by live oak (Quercus geminata), laurel oak (Quercus hemisphaerica), sand pine (Pinus clausa), slash pine, American beautyberry (Callicarpa americana), saw palmetto, and myrtle oak (Quercus myrtifolia).
d. Temperate Hardwood (FLUCFCS code 425): This community has a mixed canopy of live oak (Q. virginiana), laurel cherry (Prunus caroliniana), pignut hickory (Carya glabra), southern red cedar, southern magnolia (Magnolia grandiflora) and scattered cabbage palm (Sabal palmetto). The dense canopy cover limits the understory vegetation to scattered saw palmetto, American beauty berry and yaupon holly with very little to no groundcover.
e. Pine Plantation (FLUCFCS code 441): This dominant community has a canopy of planted slash pine with an understory and groundcover of bitter gallberry, saw palmetto and bracken fern.
f. Bottomland Swamp (FLUCFCS code 615): This community has a canopy of cypress (Taxodium spp.), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua) and blackgum (Nyssa sylvatica var. biflora). The understory and groundcover are vegetated with fetterbush (Lyonia lucida), lizard’s-tail (Saururus cernuus), cinnamon fern (Osmunda cinnamomea), and Virginia chain fern (Woodwardia virginica).
g. Wetland Forested Mixed (FLUCFCS code 630): This community has a mixed canopy slash pine, dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), red maple, sweetgum, and scattered Chinese tallow (Sapium sebiferum). The understory and groundcover are vegetated with fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum) Virginia chain fern and pipewort (Eriocaulon sp.).
h. Wetland Non-Forested (FLUCFCS code 643): This area is adjacent to a drainage ditch and improved pasture. It is dominated by soft rush (Juncus effusus), yellow eyed grass (Xyris elliottii), and sphagnum moss (Sphagnum spp.)
i. Upland Borrow Area (FLUCFCS 742): This area on the site is the result of the excavation of sand material that was most likely used during the construction of Interstate 95.
PROPOSED WORK: The applicant seeks a 15-year extension to the Gateway to St. Johns permit and seeks authorization to modify that permit to incorporate work associated with the development of the revised overall project site (the combined land area associated with the Gateway to St. Johns, The Reserve, and The Key Parcel). The original Gateway to St. Johns permit authorized work eliminating a total of 2.49 acres of wetlands. The revised project, incorporating work associated with the overall project site, eliminates a total of 2.62 acres of wetlands (a 0.13-acre increase). The applicant also seeks authorization to temporarily affect 0.44 acre of wetlands to establish a construction access roadway. The wetlands affected by this temporary work would be restored after approximately 6 months.
AVOIDANCE AND MINIMIZATION INFORMATION: The project infrastructure must traverse wetlands to establish the site entrance and to access uplands in the western section of the site. Therefore, the total avoidance of work affecting wetlands is not practical. The applicant, however, minimized the work affecting those wetlands by limiting the width of the roadways to the minimum required by law for emergency vehicles and safe access/egress. The remaining work proposed affects small systems surrounded by uplands but hydrologically connected to downstream waters (i.e., jurisdictional) or systems determined to be non-jurisdictional (SAJ-2005-03966, Approved Jurisdictional Determination dated December 16, 2016).
COMPENSATORY MITIGATION: The Gateway to St. Johns permit required the purchase of 1.0 credit from the Fish Tail Swamp Mitigation Bank (SAJ-2007-05851). The applicant’s ecological agent compiled a Uniform Mitigation Assessment Method (UMAM) quantifying and qualifying the loss of wetland functions and services associated with the additional work, which would eliminate 0.13 acre of wetlands and temporarily affect 0.44 acre of wetlands. The UMAM calculates the loss associated with that additional work as 0.2 functional units; and, as such, the applicant proposes the purchase of an additional 0.2 credit from the Fish Tail Swamp Mitigation Bank (total credit purchase of 1.2 credits).
CULTURAL RESOURCES: The Corps previously evaluated potential effects to cultural resources for the portions of the overall project site associated with the Gateway to St. Johns and The Reserve. The Corps previously determined that work in those areas would not affect any resource listed, or eligible for listing, in the National Register of Historic Places (NRHP). The revised project area includes The Key Parcel. However, the Corps is not aware of any known historic properties within The Key Parcel or the overall the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES: The Corps executed a Resources At Risk (RAR) report for the area encompassing the project site. The RAR identified several listed species that may utilize habitats associated with the project site. The Corps evaluated the potential effect that the work proposed may generate to each of the species identified by the RAR and other species known to generally inhabit or utilize the project area.
a. Wood Stork (Mycteria americana): The project site is approximately 9 miles from the Matanzas Marsh (606109) Wood Stork colony and approximately 5 miles from the St. Augustine Alligator Farm Wood Stork colony; and, within the Core Foraging Area of these colonies. However, the project would not affect suitable foraging habitat. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-no effect. The FWS previously indicated that they concur with determinations of no effect based on the key for Wood Storks; and, that no additional consultation is necessary.
b. Eastern Indigo Snake (Drymarchon corais couperi): This species frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Therefore, this species could utilize the area encompassed by the ESA scope of analysis for this project. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. The project would affect approximately 3.69 acres of xeric habitat; and, a recent survey of the project site identified only two active/inactive gopher tortoise burrows on the overall property within approximately 22.5 acres of appropriate habitat. In consideration of the potential presence of eastern indigo snake habitat, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the sequence A-B-C-D-E-may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. The project would not affect marine or estuarine habitat; and, would not affect EFH. Therefore, the Corps’ initial determination is that the proposed action would not affect EFH or federally managed fisheries in downstream waters. 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.
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 proposed delineation of wetlands is currently under review by Corps personnel.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232 within 21 days from the date of this notice.
The decision whether to issue or deny this permit application will be based on the information received from this public notice and the evaluation of the probable impact to the associated wetlands. This is based on an analysis of the applicant's avoidance and minimization efforts for the project, as well as the compensatory mitigation proposed.
QUESTIONS concerning this application should be directed to the project manager, Mark R. Evans, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at mark.r.evans@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028.
IMPACT ON NATURAL RESOURCES: Coordination with U.S. Fish and Wildlife Service, Environmental Protection Agency (EPA), the National Marine Fisheries Services, and other Federal, State, and local agencies, environmental groups, and concerned citizens generally yields pertinent environmental information that is instrumental in determining the impact the proposed action will have on the natural resources of the area.
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.
The US Army Corps of Engineers (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 also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
COASTAL ZONE MANAGEMENT CONSISTENCY: In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan. In Puerto Rico, a Coastal Zone Management Consistency Concurrence is required from the Puerto Rico Planning Board. In the Virgin Islands, the Department of Planning and Natural Resources permit constitutes compliance with the Coastal Zone Management Plan.
REQUEST FOR PUBLIC HEARING: Any person may request a public hearing. The request must be submitted in writing to the District Engineer within the designated comment period of the notice and must state the specific reasons for requesting the public hearing.