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: MML Investments
Attn: Ms. Mary Lesher
100 Leaning Tree Drive
St. Augustine, Florida 32095
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with an unnamed tributary to Stokes Creek. The project site is located at 6236 U.S. Highway 1 (St. Johns County Property Appraiser Parcel Identification Number 074430-0070), in Section 50, Township 6 South, Range 29 East, St. Augustine, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.986486°,
Longitude -81.366732°
PROJECT PURPOSE:
Basic: The basic project purpose is commercial development.
Overall: The overall project purpose is the establishment of a commercial storage facility for communities north of St. Augustine along U.S. Highway 1.
EXISTING CONDITIONS:
a. Soils: The project site encompasses two soil types identified by the Natural Resource Conservation Service. These soils are Myakka-Myakka, wet, fine sands, 0 to 2 percent slopes (3) and Holopaw fine sand (46). Both of these soils have a hydric soil rating of 1 to 32 percent.
b. Vegetative Communities: The project site encompasses four community types identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). These communities are Pine-Mesic Oak (FLUCFCS code 414), Upland-Cut Ditch (FLUCFCS code 510), Willow (FLUCFCS code 618), and Wetland Forested Mixed (FLUCFCS code 630).
(1) Pine-Mesic Oak: The onsite uplands on the majority of the property are dominated by slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), water oak (Quercus nigra), sweetgum (Liquidambar styraciflua), and live oak (Quercus virginiana). The understory species include saw palmetto (Serenoa repens), yaupon holly (Ilex vomitoria), and bracken fern (Pteridium aquilinum).
(2) Upland-Cut Ditch: This area located southwest and northeast of a forested mixed wetland, is dominated by lizard’s tail (Saururus cernuus) and royal fern (Osmunda regalis).
(3) Willow: Two patches of willow (Salix spp.) are located on the southwest portion of the property.
(4) Wetland Forested Mixed: Sweetgum, sweet bay (Magnolia virginiana), red maple (Acer rubrum), and laurel oak (Quercus laurifolia) dominate the canopy; and, understory species include fetterbush (Pieris phillyreifolia) and Virginia chainfern (Woodwardia virginica).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 0.96 acre of wetlands and 0.04 acre of surface waters (ditches) to establish a storage 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 applicant evaluated four properties in the general vicinity of the project site. The applicant discovered that the use of three of those properties was not practical due to the area of wetlands that would be affected, zoning, and/or unavailability of the site(s). Therefore, the applicant focused action on the proposed site. The applicant indicated that the size, location, and orientation of wetlands encompassed by the site render the total avoidance of work affecting wetlands impractical. Further, due to the need to establish a minimum number of units and parking, the applicant determined that the work proposed is the minimum needed to establish an economically viable project.
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 compiled a Wetland Rapid Assessment Procedure (WRAP) quantifying and qualifying the loss of wetland functions and services associated with the work proposed. That WRAP calculated the functional loss as 0.36 units. Therefore, the applicant would purchase 0.36 credits from a federally authorized mitigation bank with a service area encompassing the project site as compensatory mitigation for 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. 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:
Wood Stork (Mycteria americana): The project site is approximately 8.5 miles from the Wood Stork colony located at the St. Augustine Alligator Farm; and, within the core foraging area of that colony. Therefore, this species may utilize the project site. However, the project site does not encompass 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 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. The Corps initial determination is that the proposed action would not adversely affect EFH or federally managed fisheries in the Tolomato 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 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.