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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: FCDC Properties, LLC
Attn: Mr. Michael Graham
110 Office Park Drive, Suite 200
Birmingham, Alabama 35223
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the San Sebastian River. The project is located at 3800 Deerpark Boulevard, in Sections 4 and 9, Township 8 South, Range 29 East, St. Augustine, St. Johns County, Florida.
Directions to the site are as follows: From Interstate-95 take Exit 311 and turn Southeast onto County Road 207. Proceed approximately 0.5-mile and turn right at the intersection of Deerpark Boulevard and County Road 207. Proceed approximately 0.7-mile to where the project site is located on the right.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.828601°
Longitude -81.383220°
PROJECT PURPOSE:
Basic: The basic project purpose is commercial development.
Overall: The overall project purpose is commercial development with convenient access to Interstate-95 in St. Johns County.
EXISTING CONDITIONS: The freshwater wetland systems on the site are vegetated with slash pine (Pinus elliottii), red maple (Acer rubrum), blackgum (Nyssa sylvatica var. biflora), myrtle leaf holly (Ilex myrtifolia), sweet bay (Magnolia virginiana), pond cypress (Taxodium ascendens), Virginia chain fern (Woodwardia virginica), cinnamon fern (Osmunda cinnamomea), sphagnum moss (Sphagnum sp.), fetterbush (Lyonia lucida), broom sedge (Andropogon virginicus), red root (Lachnanthes caroliniana), beak rush (Rhynchospora spp.), and spike rush (Eleocharis spp.). The existing area surrounding the project area consists of pine flatwoods and pine plantation that is vegetated with slash pine, bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), muscadine grape (Vitis rotundifolia), blackberry (Rubus sp.), staggerbush (Lyonia ferruginea), and reindeer moss (Cladonia sp.). In addition, other commercial and industrial buildings exist to the west of the project site.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 12.30 acres of freshwater-forested wetlands to facilitate the construction of a commercial distribution center.
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 project was designed to avoid all impacts to the forested slough. The alignment of the entrance road into the site was shifted to the north to avoid impacting this forested wetland. All of the onsite slough would be preserved with a conservation easement that will be granted to the St. Johns River Water Management District (SJRWMD). Over 68% of the herbaceous wetlands would be preserved with a conservation easement that would be granted to SJRWMD. Due to the large footprint of the warehouse facility, it was impractical to avoid impacts. Shifting the footprint to the west would entail affecting the higher quality slough wetland and adjacent herbaceous wetland. .”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant would obtain compensatory mitigation bank credits from a bank whose service area overlaps the project 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:
The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork (Mycteria americana) or its designated critical habitat. Are there any other species that we need to consider?
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the San Sebastian 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 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; 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.