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: Perkovich LLC
Attn: Mr. Joseph Perkovich
900 5th Avenue South #202
Naples, Florida 34102
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) hydrologically connected to Graham Swamp. The project site is located south of State Road 100, east of Seminole Woods Boulevard, north and west of Pinnacles Drive, in Section 8, Township 12 South, Range 31 East, in Flagler County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.475022°
Longitude -81.191929°
PROJECT PURPOSE:
Basic: The basic project purpose is commercial development.
Overall: The overall project purpose is the establishment of a commercial/medical office facility serving the greater City of Flagler Beach and City of Bunnell communities.
EXISTING CONDITIONS: The project area encompasses disturbed uplands and wetlands. The onsite vegetative communities, as characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS), are pine flatwoods (remnant pine plantation), hydric pine flatwoods, freshwater marsh, and disturbed land.
Pine Flatwoods (FLUCCS 411): Approximately 1.07 acres of the property are pine flatwoods (remnant pine plantation). The canopy is dominated by slash pine (Pinus elliottii). Some live oak (Quercus virginiana), laurel oak (Quercus laurifolia), and loblolly bay (Gordonia lasianthus) also are located within this community. The understory is dominated by a thick cover of saw palmetto (Serenoa repens). Other species found, but at a much lesser extent, include wax myrtle (Myrica cerifera), gallberry (Ilex glabra), yaupon holly (Ilex vomitoria), bushy broom grass (Andropogon glomeratus), blackberry (Rubus spp.), greenbriar (Smilax spp.), and bracken fern (Pteridium aquilinum).
Hydric Pine Flatwoods (FLUCCS 625): A small, depressional wetland is located on the subject property. This wetland is approximately 1.02 acres in total size. The canopy is dominated by slash pine, red maple (Acer rubrum), loblolly bay, and Chinese tallow (Triadica sebifera). The understory includes predominately herbaceous vegetation such as blue maidencane (Amphicarpum muhlenbergianum), Virginia chain fern (Woodwardia virginica), beakrush (Rhynchospora spp.), and yellow-eyed grass (Xyris spp.), dahoon holly (Ilex cassine), wax myrtle, saw palmetto, and shiny lyonia (Lyonia lucida).
Freshwater Marsh (FLUCCS 641): Two freshwater marshes totaling approximately 1.42 acres in size are encompassed by the property. These two marshes are within a Florida Power and Light (FPL) maintained easement and appear to have been created in the early 2000’s when the overall Pinnacles Professional Park development was established. These marshes primarily are vegetated with primrose willow (Ludwigia peruviana), cattails (Typha spp.), Carolina willow (Salix caroliniana), torpedo grass (Panicum repens), soft rush (Juncus effuses), and wax myrtle.
Disturbed Land (FLUCCS 740): Approximately 1.28 acres of the site exists presently as disturbed land associated with the existing development and the maintained FPL easement. This includes maintained Right-of-Way (ROW) along Pinnacles Drive and the maintenance areas within the FPL easement.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 1.02 acres of wetlands to facilitate the establishment of a commercial/medical office facility.
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:
The project is located within an existing commercial/medical development (Pinnacles Professional Park). Due to the location, size, and geometry of the onsite wetlands, work affecting the hydric pine flatwoods is required to develop the site. The Pinnacles Professional Park is located directly south of AdventHealth Palm Coast Hospital. Development of the site would provide additional medical services to the community and the hospital.
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 loss of aquatic functions and services associated with the work proposed. The UMAM calculated the functional loss as 058 units. In consideration of the UMAM, compensatory mitigation for the work proposed would be accomplished through the purchase of 0.58 UMAM freshwater forested credits from the Lake Swamp Wetland Mitigation Bank (SAJ-2006-02586).
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:
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. 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 project site encompasses less than 25 acres of xeric habitat and less than 25 active/inactive gopher tortoise burrows; and, the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The U.S. Fish and Wildlife Service (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.
Florida Scrub Jay (Aphelocoma coerulescens): The project site is approximately 3.8 miles from the nearest identified nest or cluster location for Florida Scrub Jay; and, within the consultation area identified by the Corps and the FWS for this species. Therefore, this species may utilize the project site. There is no designated critical habitat for the Florida Scrub Jay listed in the federal register (52 FR 20715-20719). However, information from the FWS indicates that the Florida Scrub Jay has extremely specific habitat requirements. It is endemic to peninsular Florida’s ancient dune ecosystem or scrubs, which occur on well drained to excessively well drained sandy soils. Relict oak-dominated scrub, or xeric oak scrub, is essential habitat to the Florida Scrub Jay. Optimal habitat incorporates four species of stunted, low growing oaks [sand live oak (Quercus geminata), Chapman oak (Quercus chapmanii), myrtle oak (Quercus myrtifolia), and scrub oak (Quercus inopina)] that are 1-3 meters high, interspersed with 10 to 50 percent non-vegetated sandy openings, with a sand pine (Pinus clausa) canopy of less than 20 percent. Therefore, Florida Scrub Jay habitat is absent from the project site. It is likely that this species only opportunistically forages within forested areas in the vicinity of the project site, which the project would not preclude. In consideration of the lack of appropriate habitat at the site, the local abundance of foraging habitat, and the distance to the nearest colony, the Corps determined that the project would have no effect upon this species.
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 project would not affect marine or estuarine habitat nor EFH. Our initial determination is that the proposed action would not adversely affect EFH or federally managed fisheries in Bulow Creek or the Halifax River. 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 jurisdictional line has not been verified 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.