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: Liberty Development
Attn: Mr. Spurgeon Richardson
18 Harrison Creek Road
Fernandina Beach, Florida 32034
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with the Amelia River. The project site is contiguous to the intersection of Lime Street and 14th Street (Nassau County Property Identification Number 00-00-31-180-0197-0000) in Section 24, Township 3 North, Range 28 East, Fernandina Beach, Nassau County, Florida.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.653697°
Longitude -81.456302°
PROJECT PURPOSE:
Basic: The basic project purpose is mixed-use (residential – commercial) development.
Overall: The overall project purpose is the establishment of a Planned Unit Development (PUD) serving the Fernandina Beach community, which incorporates affordable housing.
EXISTING CONDITIONS: The project site encompasses approximately 23 acres of land, of which approximately 12.75 acres are wetlands. The onsite wetlands have a hydrologic connection to the Amelia River via a large onsite drainage ditch, which bisects the site and flows south into a piped conveyance that connects to waters of the Amelia River via local mosquito control and/or stormwater management channels.
Soils: Soils present at the project site include Evergreen-Leon mucks, depressional (map unit 39), leon fine sand, 0 to 2 percent slopes (map unit 9), Kingsferry fine sand (map unit 24), and Echaw fine sand (map unit 4). All of these soils are classified as hydric soils.
Vegetative Communities: The project site supports two communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
Pine-Mesic Oak (FLUCFCS code 414): Slash pine (Pinus elliottii) and live oak (Quercus virginiana) dominate the canopy of these upland communities in the eastern and western portions of the property. The understory species within these communities include saw palmetto (Serenoa repens), yaupon holly (Ilex vomitoria), devil’s walking stick (Aralia spinosa), and bracken fern (Pteridium aquilinum).
Wetland Forested Mixed (FLUCFCS code 630): Pond pine (Pinus serotina), swamp bay (Persea palustris), red maple (Acer rubrum), and laurel oak (Quercus laurifolia) dominate the canopy of a central wetland community. The understory species within this community includes fetterbush (Pieris phillyreifolia) and American royal fern (Osmunda spectabilis).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 9.7 acres of wetlands to facilitate the establishment of a mixed-use development, which would include associated infrastructure, parking, amenities, and stormwater management.
AVOIDANCE AND MINIMIZATION INFORMATION – The applicant obtained authorization from the St. Johns River Water Management District (SJRWMD Permit 143031-1) to eliminate the entire onsite wetland area (totaling 12.75 acres). However, the applicant conducted a financial analysis and determined that the project could be economically viable with a net 224 multi-family units. In consideration of that analysis, the applicant revised the project design to eliminate a portion of the work affecting the onsite wetland. In consideration of the design revisions, the applicant purports that the project avoids and minimizes work affecting the wetland to the maximum extent practicable.
COMPENSATORY MITIGATION – The applicant submitted a Wetland Rapid Assessment Procedure (WRAP) quantifying and qualifying the wetland functions and services that would be eliminated by the work proposed. In consideration of that WRAP, as compensatory mitigation, the applicant would purchase 4.85 Federal palustrine forested credits from the Longleaf 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: The Corps has determined the project would have no effect on Wood Stork (Mycteria americana) or its designated critical habitat. The project is approximately 12.3 miles from the central point of the Pumpkin Hill Wood Stork colony (Atlas Number 594105) but within the Core Foraging Area of that colony. However, the project would not affect suitable foraging habitat for Wood Storks, as the central drainage channel is densely vegetated (including extensive canopy cover), which exceeds the vegetative cover criterion for 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 U.S. Fish and Wildlife Service previously indicated that they concur with determinations of no effect based on the programmatic key for Wood Storks; and, that no additional consultation is necessary.
The Corps executed a Resources At Risk (RAR) report for the project site. 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 directly affect (eliminate) 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 associated with the Amelia 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 has not verified the proposed jurisdictional delineation.
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 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.