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: Southeast Development Partners LLC
Attn: Mr. Mark Harris
1029 Elysium Boulevard
Mount Dora, Florida 32757
WATERWAY AND LOCATION: The project would affect waters of the United States, including wetlands, associated with Turnbull Creek. The project site is located near 4195 State Route 16, in Sections 25, 26, 27, 34, 35, 36, and 38, Township 6 South, Range 28 East, St. Augustine, St. Johns County, Florida.
Directions to the site are as follows: From Interstate 95 take exit 318 and turn West on County Road 16. Proceed for 3.5 miles and the destination is on the left-side of County Road 16.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 29.940242°
Longitude: -81.458453°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a mixed-use development.
Overall: The overall project purpose is to construct a mixed-use development in central St. Johns County, Florida.
EXISTING CONDITIONS: The existing conditions within and adjacent to the project site are classified by the Florida Land Use, Cover and Forms Classification System (FLUCFCS) are as follows: Residential Low Density (FLUCFCS code 110), Improved Pasture (FLUCFCS code 211), Pine Flatwoods (FLUCFCS code 411), Lakes Less Than 10 Acres (FLUCFCS code 524), Stream and Lake Swamps (FLUCFCS code 615), Wetland Coniferous Forests (FLUCFCS code 620), Wetland Forested Mixed (FLUCFCS code 630), Vegetated Non-Forested Wetlands (FLUCFCS code 640), and Roads and Highways (FLUCFCS code 814).
PROPOSED WORK: The applicant seeks a 10 year authorization to discharge fill into 2 acres of freshwater wetlands (forested and emergent), to facilitate the construction of a mixed-use development and associated infrastructure.
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 applicant stated, “During the alterative analysis, several design elements and considerations were utilized to avoid and minimize wetland impacts to the greatest extent practicable in the currently proposed project design. The two project entrance roads from State Road 16 were aligned with existing trail road entrances in order to avoid and minimize new wetland impacts. Wetland impacts have primarily been limited to the more disturbed outer fringes and narrow wetland fingers rather than the higher quality communities. Impacts associated with fill for residential lots were minimized by limiting those impacts to the lower quality fringes of the larger contiguous systems and utilizing the existing geometry of the wetland systems in the development of the project layout. Due to the irregular nature of the wetland limits along these systems and the development setback requirements of St. Johns County, some impacts to small points and fingers along the wetland fringe is unavoidable. The proposed plan has been through several iterations to minimize wetland impacts and further reductions in lot numbers would only minimally further reduce wetland impacts while rendering the project financially infeasible.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant stated, “Mitigation for wetland impacts will be accomplished through the preservation of 11.87 acres of on-site wetlands and 8.30 acres of adjacent offsite wetlands. These wetlands can be classified as a Stream and Lake Swamps community. The preservation of the wetlands will allow for these areas to continue providing nesting, denning, and foraging opportunities for a number of species throughout the region. Over time, the community structure throughout the preservation areas will continue to mature thereby improving the ecological functions of the community. Preservation of these wetlands would contribute to a corridor of conservation land, potentially linking Turnbull conservation Area with Lower St. Johns Mitigation Bank and with land associated with Star4 Mitigation Bank. Therefore, the proposed mitigation should be considered to be of regional ecological significance.”
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 proposal may affect the Wood Stork (Mycteria americana). The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
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.
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/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 32232-0019 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, Brad Carey, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at brad.j.carey@usace.army.mil; or, by telephone at (904) 232-2405.
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.