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: DR Horton, Incorporated – Jacksonville
4220 Race Track Road
Saint Johns, Florida 32259
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Moultrie Creek. The project site is contiguous to Rolling Hills Drive (St. Johns County Property Appraiser Parcel Identification Number 102760-0170) in Section 48, Township 7 South, Range 29 East, St. Augustine, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.859455°
Longitude -81.341067°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the establishment of a residential subdivision, with associated infrastructure and stormwater management facilities, serving the southwest sector of St. Augustine.
EXISTING CONDITIONS:
Topography: The topography of the site is varied but generally slopes from mostly pine flatwood upland communities toward north/south depressional wetland areas. The elevations of the property range from approximately 36 feet to 32 feet NGVD. The site flows through a series of ditches and offsite wetlands and eventually outfalls into Moultrie Creek.
Soils: The project site encompasses five soil types identified by the Soil Survey of St Johns County, Florida.
1. Immokalee fine sand (map unit 07): Immokalee fine sand 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.
2. Smyrna fine sand (map unit 11): Smyrna fine sand is a poorly drained, nearly level soil on broad areas 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.
3. Cassia fine sand (map unit 14): Cassia fine sand is a nearly level, somewhat poorly drained soil that occurs on low ridges that are somewhat higher than the adjacent flatwoods. In most years the seasonal high water table is at a depth of 15 to 40 inches for about six months under natural conditions. Typically, the surface layer is gray fine sand, which is about three inches thick. The subsurface layer, about 15 inches thick, consists of light gray fine sand with grayish brown stains along root channels.
4. Paola fine sand, 0 to 8 percent slopes (map unit 23): Paola fine sand, 0 to 8 percent slopes, is an excessively drained, nearly level to sloping soil on narrow to broad ridges and on hillsides adjoining marshes and drainageways. Under natural conditions, the seasonal high water table is at a depth of more than 72 inches. This soil is fine sand throughout. Typically, the surface layer, about four inches thick, is gray. The next layer, between depths of 4 and 17 inches, is white. Between depths of 17 and 32 inches is a brownish- yellow subsoil that is tongued with white.
5. Bluff sandy clay loam, frequently flooded (map unit 42): Bluff sandy clay loam, frequently flooded, is a very poorly drained, nearly level soil in drainageways and on flood plains. The seasonal high water table is at a depth of less than 10 inches or is above the surface for six months or more. It seldom recedes to a depth of more than 20 inches. The soil is subject to frequent flooding for long durations. Typically, in undisturbed areas a three-inch layer of black muck is on the surface. The surface layer is very dark gray sandy clay loam about six inches thick.
Vegetation: The project site supports nine general vegetative communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
1. Pine Flatwoods (FLUCFCS code 411): This community has a canopy of slash pine (Pinus elliottii) with scattered water oak (Quercus nigra), sweetgum (Liquidambar styraciflua), and sand pine (Pinus clausa). The understory and groundcover are vegetated with yaupon holly (Ilex vomitoria), bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).
2. Sand Pine (FLUCFCS code 413): This community has a dense canopy of sand pine with scattered sand live oak (Quercus geminata). The dense canopy restricts the understory and groundcover vegetation, which generally is limited to scattered saw palmetto (Serenoa repens) and bracken fern (Pteridium aquilinum).
3. Longleaf Pine Xeric Oak (FLUCFCS code 412): This community has a canopy of longleaf pine (Pinus palustris) and live oak (Quercus virginiana). The understory and groundcover are vegetated with, live oak, saw palmetto (Serenoa repens), wire grass (Aristida stricta), prickly-pear cactus (Opuntia humifusa), and bracken fern (Pteridium aquilinum).
4. Electrical Transmission Line (FLUCFCS code 832): This portion of the site encompasses powerlines with maintained/mowed vegetation and a trail road for maintenance activities.
5. Upland Cut Ditch (FLUCFCS code 510): This area supports an upland cut ditch, which connects the two wetlands together and ultimately connects the wetland systems to the floodplain of Plummer Creek.
6. Hydric Pine Flatwoods (FLUCFCS code 620): This community has a canopy of planted slash pine. The understory and groundcover are vegetated with scattered dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum), Virginia chain fern (Woodwardia virginica), and pipewort (Eriocaulon sp.).
7. Wetland Forested Mixed (FLUCFCS code 630): This community has a canopy of red maple (Acer rubrum), cypress (Taxodium spp.), sweetgum (Liquidambar styraciflua), and blackgum (Nyssa sylvatica var. biflora). The understory and groundcover are vegetated with Chinese tallow (Sapium sebiferum), fetterbush (Lyonia lucida), lizard’s-tail (Saururus cernuus), cinnamon fern (Osmunda cinnamomea), and Virginia chain fern (Woodwardia virginica).
8. Wetland Cut Borrow Pit (FLUCFCS code 742): This area was dredged within wetlands and remains as open water.
9. Upland Cut Borrow Pit (FLUCFCS code 742): This area was dredged within uplands and remains as open water.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 2.85 acres of wetlands, 0.46 acre of wetland excavated borrow area, and 0.66 acre of upland excavated borrow area to facilitate the establishment of a residential subdivision.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
Due to the location, orientation, and size of the wetlands encompassed by the property, the total avoidance of work affecting wetlands would render the project economically impractical. The onsite wetlands generally are oriented in north/south strands with developable uplands between the strands. The use of bridges to span the wetlands is economically impractical. Therefore, any development of the site requires work within wetlands to connect the available uplands. The project minimizes the loss of wetland functions and services by concentrating work within transitional/fringe wetland areas (avoiding the higher-quality wetlands); and, through a reduction of the proposed development area (previous site development plans incorporated additional residential units and additional work affecting wetlands). In consideration of the specific site conditions and reductions to the proposed number of residential units, the applicant expressed the opinion that the project avoids and minimizes work affecting wetlands to the maximum extent practicable.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant’s ecological agent submitted a Uniform Mitigation Assessment Method (UMAM) quantifying and qualifying the work affecting wetlands. The UMAM indicates that the work proposed would result in the loss of 2.39 functional units. In consideration of the UMAM, the applicant proposes to purchase 2.39 mitigation bank credits from the Fish Tail Swamp Mitigation Bank.
CULTURAL RESOURCES: The Corps is not aware of any known historic properties within 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:
Wood Stork (Mycteria americana): The project site is located within the core foraging areas of two Wood Stork colonies. Therefore, this species could be present at the project site. However, the project would affect less than 0.5 acre of suitable foraging habitat for Wood Storks. In consideration of this information, the Corps utilized the programmatic consultation procedures associated with 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-C-may affect, not likely to adversely affect. The U.S. Fish and Wildlife Service previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for Wood Storks; and, that no additional consultation is necessary.
The Corps executed a Resources At Risk (RAR) report. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species.
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 work proposed would not affect an estuarine or marine system; or, EFH. Our initial determination is that the proposed action would not have an adverse effect on EFH or federally managed fisheries in Moultrie Creek or other 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 Corps has not yet verified the proposed extent of wetlands or Federal jurisdiction.
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.