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: Toll Brothers, Incorporated
160 Cape May Avenue
Ponte Vedra, Florida 32081
WATERWAY AND LOCATION: Work within the western section of the project site would affect waters of the United States (wetlands) associated with Cedar Head, a tributary to Mill Creek, which flows into the St. Johns River. Work within the eastern section of the project site would affect wetlands associated with Petty Branch, which also flows into the St. Johns River. The project site is contiguous to the north side of Greenbriar Road, east of longleaf Pine Parkway, in Sections 16, 21 and 39, Township 5 South, Range 27 East, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.055064°
Longitude -81.596454°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the establishment of a residential development, with associated infrastructure, serving a residential market within northwest St. Johns County.
EXISTING CONDITIONS:
General: The project site encompasses approximately 273 acres of undeveloped land. The U.S. Geological Survey topographical map for this area (Orangedale Quadrangle, 1992) indicates that the site elevations range between 25-30 feet NGVD. Hydrologic flow from the western region of the site reaches Cedar Head. Hydrologic flow from the eastern region of the site reaches Petty Branch.
Soils: The Soil Survey of St. Johns County, Florida (U.S. Department of Agriculture, Soil Conservation Service) identifies eight different soil types on the subject project site.
Zolfo fine sand (map unit 08): Zolfo fine sand is a somewhat poorly drained, nearly level soil on broad landscapes that are slightly higher than the adjacent flatwoods. The seasonal high water table is at a depth of 24 to 40 inches for two to nine months in most years under natural conditions. Typically, the surface layer is grayish brown fine sand about five inches thick. The subsurface layer is pale brown to light gray fine sand, which extends to a depth of about 66 inches.
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.
Tocoi fine sand (map unit 34): Tocoi fine sand is a poorly drained, nearly level soil in broad flatwood areas. The seasonal high water table is at a depth of less than 10 inches for two to four months during rainy seasons. It is within a depth of 20 to 40 inches for six months or more during most years. Typically, the surface layer is black fine sand about 13 inches thick. The upper part of the subsoil consists of very dark brown and dark reddish brown fine sand, which extends to a depth of 23 inches.
Bluff Sandy Clay Loam; flooded (map unit 42): Bluff sandy clay loam 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.
Holopaw fine sand (map unit 46): Holopaw fine sand is a poorly drained, nearly level soil in low, broad areas in the flatwoods. The seasonal high water table is at a depth of less than 10 inches for one to three months but may recede to a depth of 10 to 40 inches for three to four months in most years. Typically, the surface layer is covered with partly decomposed litter and organic matter about one inch thick. It is mixed very dark gray and grayish brown fine sand in the upper seven inches, and it is dark gray fine sand in the lower six inches. The subsurface layer, which extends to a depth of about 53 inches, is light gray-to-gray fine sand.
Holopaw fine sand, frequently flooded (map unit 47): Holopaw fine sand is a very poorly drained, nearly level sandy soil in broad, shallow drainageways. This soil is flooded for more than one month during most years. A water table is within 10 inches of the soil surface for two to six months annually. Typically, the surface layer is black fine sand about six inches thick. The subsurface layer, about 44 inches thick, is grayish brown and gray fine sand.
Winder Fine Sand, frequently flooded (map unit 48): Winder fine sand 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.
Bakersville muck (map unit 69): Bakersville muck is a nearly level, very poorly drained soil in depressional areas of the flatwoods. The seasonal high water table is above the soil surface for six months or more in most years. Typically, in undisturbed areas, a layer of black muck about five inches thick is on the surface. The surface layer is black and very dark grayish brown loamy fine sand, which extends to a depth of about 41 inches.
Vegetative Communities: The project site supports total of nine generalized community types or land uses characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
Pine Plantation (FLUCFCS code 441): Almost all of the areas supporting this community have been managed (including furrows and raised beds) for silviculture for over 60 years. The dominant vegetation is slash pine (Pinus elliottii). Depending upon the age (maturity) of the stands, the associated vegetative assemblage ranges from herbaceous to forested. Common understory associates include water oak (Quercus nigra), sand live oak (Quercus geminata), wax myrtle (Myrica cerifera), gallberry (Ilex glabra), saw palmetto (Serenoa repens), broomsedges (Andropogon spp.), blackberries (Rubus spp.), cinnamon fern (Osmunda cinnamomea), and bracken fern (Pteridium aquilinum).
Pine Flatwoods (FLUCFCS code 411): The pine flatwoods community primarily supports loblolly pine (Pinus taeda) in the overstory. Understory and groundcover strata include wax myrtle, bitter gallberry, saw palmetto, bracken fern, and cinnamon fern.
Wet Pine Plantation (FLUCFCS code 441w): Recently clear-cut or newly planted plantations (due to an artificially elevated groundwater table) or areas lower in landscape position often exhibit wetter vegetative assemblages. Common vegetative associates include red maple (Acer rubrum), loblolly-bay (Gordonia lasianthus), wax myrtle, bitter gallberry, myrtle-leaved holly (Ilex myrtifolia), sweet gallberry (Ilex coriacea), broomsedge, fetterbush (Lyonia lucida), redroot (Lachnanthes carolinianum), beak rushes (Rhynchospora spp.), St. Johns wort (Hypericum spp.), wiregrass (Aristida stricta), and hooded pitcher plant (Sarracenia minor). This community exists as open expanses or as minor transitional fringes, integrating with more conventional wetland communities.
Mixed Wetland Hardwoods (FLUCFCS code 617): Portions of these areas have been periodically harvested, when environmental conditions are conducive and marketable timber is present in sufficient quantity. Canopy species include blackgum (Nyssa sylvatica var. biflora), bald cypress (Taxodium distichum), red maple, swamp bay (Persea palustris), sweetbay (Magnolia virginiana), sweetgum (Liquidambar styraciflua), and water oak. Portions of these communities may be dominated by one or two species, while others exhibit a diverse assemblage of hardwood species. Additional canopy and/or subcanopy species include alder (Alnus serrulata), American hornbeam (Carpinus caroliniana), ash (Fraxinus caroliniana), basswood (Tilia americana), elm (Ulmus americana), mulberry (Morus rubra), pipestem (Agarista populifolia), swamp dogwood (Cornus foemina), Virginia willow (Itea virginica), and wax myrtle. Groundcover species include arrowroot (Thalia geniculata), cinnamon fern, fetterbush, lizard's tail (Saururus cernuus), netted chain fern (Woodwardia areolata), pickerelweed (Pontederia cordata), poison ivy (Toxicodendron radicans), and royal fern (Osmunda regalis).
Wetland Coniferous Forest (FLUCFCS code 620): These areas, dominated by cypress, often occur on site as isolated domes in pine plantation and pine flatwoods areas; or, as swamps associated with drainage systems. Scattered slash pine, blackgum, and occasionally loblolly pine (Pinus taeda) occur in the canopy. Subcanopy species include fetterbush, myrtle-leaved holly, swamp bay, sweetbay, and wax myrtle. Groundcover species include Asiatic coinwort (Centella asiatica), broomsedge, foxtail clubmoss (Lycopodium alopecuroides), hooded pitcher plant, royal fern, sphagnum moss (Sphagnum spp.), St. Johns' wort, Virginia chain fern (Woodwardia virginica) and yellow-eyed grass (Xyris sp.).
Cypress (FLUCFCS code 621): This community is dominated by bald cypress and pond cypress in the canopy stratum. Sporadic hardwoods including blackgum, red maple, and swamp bay can also be found in the subcanopy. Understory species include fetterbush, wax myrtle, netted chain fern, and cinnamon fern.
Cypress-Pine (FLUCFCS code 624): The canopy of this community type is dominated by both slash pine and bald cypress. Associated species are sparse and include sweetgum, red maple, Chinese tallow, and blackgum. Understory and groundcover species are also sparse and include Bahia grass, saw palmetto, blackberry, and soft rush.
Wetland Forested Mixed (FLUCFCS code 630): Dominant canopy species include slash pine, blackgum, sweetgum, loblolly-bay, red maple, and sweet bay. The understory is typically dominated by bitter gallberry, sweet gallberry, fetterbush, and wax myrtle. The groundcover consists of a variety of species including bushy bluestem, maidencane, St. John’s wort, blue flag iris (Iris spp.), netted chain fern, sphagnum moss, highbush blueberry (Vaccinium corymbosum), redroot (Lachnanthes caroliniana), royal fern, and cinnamon fern.
Upland-Cut Ditches (FLUCFCS code 510u): This community type consists of man-made ditches along a silvicultural road through the site. The ditches are periodically maintained and are sparsely vegetated herbaceous species such as beak rush, St. Johns wort, blue stem (Andropogon glomeratus), and maidencane (Panicum hemitomon).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 4.91 acres of wetlands and 0.47 acres of surface waters (ditches) to facilitate the establishment of a residential subdivision, including the associated infrastructure and stormwater treatment system. The applicant also seeks authorization to temporarily affect 0.19 acre of wetlands to access proposed borrow and stormwater pond site locations. The applicant also proposes to clear vegetation from 0.35 acre of wetlands to create a “view-scape” of the amenities center associated with the development.
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 work proposed is the minimum necessary to access developable uplands, establish the project roadway network, establish sufficient parcels to render the project economically viable, establish components of the stormwater management system, and meet setback requirements imposed by St. Johns County
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
As compensatory mitigation for work affecting wetlands, the project would result in the preservation of 75.22 acres of wetlands, the restoration of 0.19 acre of herbaceous wetlands, and the purchase of 2.15 mitigation bank credits (1.58 credits from Greens Creek Mitigation Bank, and 0.57 credit from Star 4 Mitigation Bank). All of the on-site mitigation areas would be placed under a perpetual conservation easement. The applicant’s ecological agent submitted a Uniform Mitigation Assessment Method (UMAM) calculating the wetland functions and services that would be lost through the implementation of the work proposed; and, the functions and services gained through the proposed compensatory mitigation. The UMAM indicates that the proposed compensatory mitigation adequately offsets the work proposed.
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. Heritage Cultural Services, LLC has completed a Phase 1 Cultural Resource Assessment Survey (CRAS) on the parcels identified as the Goodman Tract and Helow Tract, which collectively comprise the entire project area, in association with pre-development requirements of St. Johns County. The investigations revealed no sites of archaeological, historical, or architectural significance. The Corps has requested a copy of the CRAS. 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 has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.
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 does not affect marine or estuarine habitat nor an area designated as EFH. Our initial determination is that the proposed action would adversely affect EFH or federally managed fisheries in the St. Johns 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 Corps previously evaluated the extent of wetlands encompassed by the project site. However, that previous evaluation has expired. The Corps has not verified the currently proposed extent of onsite wetlands.
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.