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: Nassau County
96135 Nassau Place, Suite 1
Yulee, Florida 32097
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with McGirts Creek, a tributary to Lanceford Creek. The project site is located at 96262 Chester Road (Nassau County Property Appraiser Parcel Identification Number 44-3N-28-0000-0001-0530), in Section 44, Township 3 North, Range 28 East, Yulee, Nassau County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.643816°
Longitude -81.543850°
PROJECT PURPOSE:
Basic: The basic project purpose is governmental development.
Overall: The overall project purpose is the establishment of a Nassau County Fire Station to serve the greater Yulee area.
EXISTING CONDITIONS:
Soils: According to the Soil Survey of Nassau County, Florida (U.S. Department of Agriculture – Natural Resource Conservation Service), three soil types are mapped on the site. These soil types are Hurricane- Pottsburg fine sands (Soil Identification Number 6); Leon fine sand (Soil Identification Number 9); and Evergreen-Leon mucks, depressional (Soil Identification Number 39).
Vegetation: The site encompasses three vegetative communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS, Florida Department of Transportation, 1999). The applicant’s ecological consultant delineated the onsite wetlands pursuant to the 1987 Corps Wetland Delineation Manual, all applicable Corps Regional Supplements, and the St. Johns River Water Management District (SJRWMD) methodologies (Chapter 62-340, Florida Administrative Code).
a. Longleaf-Pine Xeric Oak (FLUCFCS code 412): This upland habitat is dominated by longleaf pine (Pinus palustris), sand live oak (Quercus geminata), myrtle oak (Quercus myrtifolia), saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), and gallberry (Ilex glabra).
b. Cypress (FLUCFCS code 621): Dominant species within this wetland area include cypress (Taxodium spp.), sweet bay (Magnolia virginiana), red maple (Acer rubrum), loblolly bay (Gordonia lasianthus), Virginia chain fern (Woodwardia virginica), fetterbush (Lyonia lucida), and royal fern (Osmunda regalis).
c. Wetland Forested Mixed (FLUCFCS code 630): Dominant vegetation in this wetland includes slash pine (Pinus elliottii), loblolly bay, loblolly pine (Pinus taeda), fetterbush, wax myrtle (Myrica cerifera), and gallberry.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill over a total of 1.07 acres of wetlands to facilitate the establishment of a local fire station.
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 indicates that the small size of the parcel precludes the ability to avoid and/or minimize the work affecting wetlands due to design/operational requirements of a fire station.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant’s ecological consultant submitted a Uniform Mitigation Assessment Method (UMAM) quantifying and qualifying the loss of wetland functions and services associated with the work proposed. The UMAM calculated the loss as 0.8 units. Therefore, the applicant would purchase 0.8 UMAM credits from a mitigation bank with a service area encompassing the site.
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 11.5 miles from the Pumpkin Hill (594105) Wood Stork colony, approximately 7 miles from a colony in Georgia, and within the Core Foraging Area of these colonies. Therefore, this species may utilize the project site. The project, however, would not affect 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 (FWS) previously indicated that they concur with determinations of no effect based on the key for Wood Storks; and, that no additional consultation is necessary.
Eastern Indigo Snake (Drymarchon corais couperi): This species frequents several habitat types, including pine flatwoods, scrubby flatwoods, high pine, dry prairie, tropical hardwood hammocks, edges of freshwater marshes, agricultural fields, coastal dunes, and human-altered habitats. Therefore, this species could utilize the project site. Gopher tortoise (Gopherus polyphemus) burrows are commonly utilized as refuge from winter cold and/or desiccating conditions in xeric habitats; and, hollowed root channels, hollow logs, or burrows of rodents, armadillo (Dasypus novemcinctus), or land crabs (Cardisoma guanhumi) provide shelter in wetter habitats. A review of the project site identified several active and/or inactive gopher tortoise burrows on the property. In consideration of the potential presence of eastern indigo snake habitat, the Corps utilized The Eastern Indigo Snake Programmatic Effect Determination Key, August 2013. Use of this key resulted in the sequence A-B-C-D-E-may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; 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 work proposed would not affect marine and/or estuarine habitat. Our initial determination is that the proposed action would not affect EFH or any federally managed fisheries McGirts Creek, Lanceford Creek, or other downstream waters. 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 Corp has not yet corroborated the proposed delineation of wetlands at the project site.
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 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.