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: Tomoka Pines, LLC
Attn: Mr. Brent White
8280 Princeton Square Boulevard, Suite 1
Jacksonville, Florida 32256
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Turnbull Swamp. The project site is contiguous to State Road 16 (St. Johns Property Appraiser Parcel Number 027440-0000), northwest of the intersection of State Road 16 and Interstate 95, in Section 36, Township 6 South, Range 28 East, St. Augustine, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.943165°
Longitude -81.439156°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is single-family residential development serving the greater St. Augustine community and east-central St. Johns County.
EXISTING CONDITIONS: The project site is approximately 22 acres in size. The site is bordered on its western boundary by State Road 16, on its northern boundary by silvicultural lands and residential development, and on its eastern and southern boundaries by silvicultural lands and wetlands. State Road 16 and Interstate 95, which is located east of the site, affect wildlife movement to and from the property. The onsite and surrounding silvicultural activities also affect the overall hydrology of the property and further affect wildlife access and use. Invasive species such as cogon grass and camphor tree have colonized portions of the onsite wetlands.
a. Elevations and Hydrology: The site is fairly level, with elevation of approximately +25 feet NGVD. Silvicultural activities and adjacent roadside ditching have affected the onsite hydrology. Currently, water drains off-site into Turnbull Swamp, which ultimately drains into the St. Johns River.
b. Soils: The Soil Survey of St. Johns County, Florida (U.S. Department of Agriculture, Soil Conservation Service) identifies three different soil types on the subject project site. These soils are Pomona fine sand, Holopaw fine sand, and EauGallie fine sand. The applicant’s ecological agent expressed an opinion that the soils map appears to be generally accurate based upon field observations.
1. Pomona fine sand (09): Pomona fine sand is a very poorly drained, nearly level soil found on broad flatwoods. The seasonal high water table is within 10 inches of the surface for one to three months each year and within 10 to 40 inches of the surface for six months or more. During extended dry periods, the water table recedes to a depth of more than 40 inches below the surface. Typically, the soil has a surface layer of black to very dark gray fine sand about six inches thick and a subsurface layer of gray and light gray fine sand about 15 inches thick.
2. Holopaw fine sand (46): Holopaw fine sand is a very poorly drained nearly level sand found on broad flatwoods. The seasonal high water table is within 10 inches of the surface for one to three months, and recedes to a depth of 10 to 40 inches for three to four months a year. Typically, the surface layer is covered with partly decomposed litter and organic matter about one inch thick. The surface layer is comprised of very dark gray and grayish brown fine sand about seven inches thick. The subsurface layer, which extends to a depth of about 53 inches, is light gray to gray fine sand.
3. EauGallie fine sand (58): EauGallie fine sand is a poorly drained nearly level soil found on low knolls and ridges adjacent to depressions and drainage ways in flatwoods. The seasonal high water table is within 10 inches of the surface for one to four months and within 40 inches of the surface for more than six months. Typically, the surface layer is comprised of black fine sand about six inches thick that contains many uncoated sand grains. The subsurface layer, about 11 inches thick, consists of gray and light gray fine sand.
c. Vegetative Communities: The site generally encompasses four communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). These communities are Live Oak, Coniferous Plantation, Wet Coniferous Plantation, and Cypress-Pine-Cabbage Palm.
1. Live Oak (FLUCFCS code 427): This community comprises just over an acre of the project site and is found in between the primary on-site wetland system and the pine plantation. The canopy is dominated by live oak (Quercus virginiana) with a small component of slash pine (Pinus elliottii) and water oak (Quercus nigra). The subcanopy is comprised of thick cabbage palm (Sabal palmetto).
2. Coniferous Plantation (FLUCFCS code 441): Most of the site was converted to pine plantation which has since been timbered. Common species include very young slash pine, young red maple (Acer rubrum), persimmon (Diospyros virginiana), gallberry (Ilex glabra), meadow beauty (Rhexia spp.), and bracken fern (Pteridium aquilinum).
3. Wet Coniferous Plantation (FLUCFCS code 441w): A few wet planted pine areas can be found between the timbered areas and the large wetland system that traverses the site. The canopy is almost completely dominated by planted slash pine with scattered immature red maple. Understory species include St. John’s wort (Hypericum spp.), camphor weed (Pluchea spp.), water-hyssop (Bacopa spp.), maidencane (Panicum hemitomon), and redroot (Lachnanthes caroliniana).
4. Cypress-Pine-Cabbage Palm (FLUCFCS code 624): The main wetland system that traverses the site can be classified as a mix of cypress, pine, and palm species. The canopy is comprised of slash pine, bald cypress (Taxodium distichum), red maple, cabbage palm, and sweetbay magnolia (Magnolia virginiana). Understory species include gallberry, wax myrtle (Myrica cerifera), young water oak, and cinnamon fern (Osmunda cinnamomea).
PROPOSED WORK: The applicant seeks a 10-year authorization to discharge clean fill material over a total of 0.654 acre of wetlands that the applicant’s ecological agent has identified as within Federal jurisdiction; and, over 0.299 acre of wetland that the applicant’s ecological agent has identified as not within Federal jurisdiction in consideration of the Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC) Supreme Court decision. The work proposed would facilitate the establishment of a 44 unit residential subdivision with the associate infrastructure and stormwater management ponds. Approximately 6.05 acres of wetlands would remain post-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: During the alternative analysis, several design elements and considerations were utilized to avoid and minimize wetland impacts to greatest extent practical in the currently proposed project design. Alternatives at this site are limited due to the location of the wetland communities on-site. To minimize jurisdictional wetland impacts, ±6.05 acres of on-site wetlands have been avoided completely and will be allowed to remain in their natural state. These wetlands will continue to provide typical wetland functions including nutrient uptake, flood storage, and wildlife utilization.
COMPENSATORY MITIGATION – Based on the proposed extent of Federal jurisdiction, the applicant’s agent compiled a Uniform Mitigation Assessment Procedure (UMAM) quantifying and qualifying the loss of wetland functions and services associated with the elimination of 0.654 acre of wetlands. That UMAM determined that the loss equates to 0.39 units. Therefore, as compensatory mitigation, the applicant proposes to purchase of 0.39 UMAM credits from a federally approved mitigation bank that has a service area encompassing the project site as compensatory mitigation.
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. Separately, in March 2015, the applicant’s archeological consultant conducted a Cultural Resource Assessment Survey (CRAS) of the project site. The CRAS fieldwork consisted of a pedestrian inspection of the property coupled with systematic shovel testing (n=20) at 30 meter intervals in upland formations and judgmentally in low lying areas. All tests were negative and no archaeological sites, historic structures, or resource groups were identified at the proposed development tract.
ENDANGERED SPECIES:
The project site is approximately 10.5 miles northwest of the St. Augustine Alligator Farm Wood Stork (Mycteria americana) nesting colony; and, within the Core Foraging Area of that colony. Wood Storks prefer to forage on small fish, crayfish, and frogs in ponds and marshes with little or no canopy, but have been observed foraging in open areas within forested wetlands. The on-site wetlands are densely vegetated with no such open areas. The applicant’s ecological agent indicates that the hydroperiod of the on-site wetland appears insufficient for significant fish habitat; and, that crayfish burrows were not observed during the preliminary inspection of the property. In consideration of the information submitted and available to the Corps, 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 U.S. Fish and Wildlife Service previously indicated that they concur with determinations of no effect 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 proposal would not affect marine or estuarine habitat. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries. 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. Corps personnel have not verified the jurisdictional line. The applicant’s ecological agent expressed an opinion that the 0.3-acre wetland near the southern corner of the site is not within Federal jurisdiction in consideration of the Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC) Supreme Court decision. The Corps is currently evaluating the extent of Federal jurisdiction at the site.
AUTHORIZATION FROM OTHER AGENCIES: The St. Johns River Water Management District (SJRWMD) is evaluating work proposed at the site under the SJRWMD file number ERP-147830-1.
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 30 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.