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: Johnson & Johnson, Inc.
Post Office Box 157
Madison, Florida 32341
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Moultrie Creek. The project site is located on the north side of State Road 207, between Interstate 95 and Deerpark Boulevard (St. Johns County Property Appraiser Parcel Identification Number 136387-0000), in Section 9, Township 8 South, Range 28 East, Elkton, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.824674°
Longitude -81.382491°
PROJECT PURPOSE:
Basic: The basic project purpose is commercial development.
Overall: The overall project purpose is the establishment of a vehicle (passenger vehicle and trailer truck) fuel and convenience center serving the Interstate 95 – State Road 207 market.
EXISTING CONDITIONS:
a. Topography: The topography of the site is varied and generally slopes from mostly pine flatwood/pine plantation upland communities toward depressional wetland areas. The elevations of the property range from approximately 46 feet to 38 feet NGVD. Surface water (i.e., from wetlands and stormwater) flows west and then south off site. The water then flows south under (culvert) State Road 207, then east under Interstate 95, and into Moultrie Creek.
b. Soils: The Soil Survey of St Johns County, Florida indicates that the site encompasses five soil types.
1. Myakka fine sand (map unit 03): Myakka fine sand is a nearly level, poorly drained soil that occurs in the flatwoods and formed in marine deposits of sandy material. The seasonal high water table is at a depth of less than 10 inches for one to four months in most years. It is at a depth of 40 inches during dry seasons. Typically, the surface layer is black and dark gray fine sand about eight inches thick. The subsurface layer is gray and light gray fine sand about 15 inches thick.
2. St. Johns fine sand (map unit 13): St. Johns fine sand is a poorly drained, nearly level soil in broad flatwood areas and landscapes adjacent to drainageways. The seasonal high water table is at a depth of 0 to 15 inches for two to six months and at 15 to 30 inches during periods of lower rainfall in most years under natural conditions. Typically, the surface layer is about seven inches of black fine sand over three inches of very dark gray fine sand. The subsurface layer is gray fine sand that extends to a depth of 15 inches.
3. Samsula muck (map unit 26): Samsula muck is a very poorly drained soil in narrow to broad swamps and depressional areas in the flatwoods. Under natural conditions, in most years, the seasonal high water table is at or above the surface, except during extended dry periods. Typically, the surface layer is black muck about 31 inches thick.
4. Wesconnett fine sand, frequently flooded (map unit 30): Wesconnett fine sand, frequently flooded, is a very poorly drained, nearly level soil in narrow to broad, weakly defined drainageways in the flatwoods. The seasonal high water table is at a depth of less than 10 inches for 6 to 12 months during most years under natural conditions. It is subject to flooding during wet seasons. Typically, the surface layer is covered by partly decomposed leaves, roots, and twigs about three inches thick. The surface layer is black fine sand about eight inches thick.
5. Tomoka muck (map unit 41): Tomoka muck is a very poorly drained soil in weakly defined drainageways and depressional areas. This soil has a water table at or above the surface except during extended dry periods. Typically, the muck layer is about 21 inches thick. It is dark reddish brown in the upper 9 inches and black in the next 12 inches.
c. Vegetative Communities: A previous property owner managed the uplands and portions of the wetlands for silviculture operations. The property currently encompasses five vegetative communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
1. Commercial and Services (FLUCFCS code 140): This portion of the property encompasses a service station and associated parking.
2. Pine Flatwoods/Pine Plantation (FLUCFCS code 441): This community has a canopy of slash pine (Pinus elliottii). The understory and groundcover are vegetated with yaupon holly (Ilex vomitoria), bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).
3. Trailroad (FLUCFCS code 814): This area is a logging road.
4. Hydric Pine Flatwoods (FLUCFCS code 625): This community has a canopy of slash pine (Pinus elliottii). The understory and groundcover is vegetated with scattered dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum), and Virginia chain fern (Woodwardia virginica).
5. Wetland Forested Mixed (FLUCFCS code 630): This community has a mixed canopy slash pine, dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), red maple (Acer rubrum), and sweetgum (Liquidambar styraciflua). The understory and groundcover is vegetated with fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum) Virginia chain fern (Woodwardia virginica) and pipewort (Eriocaulon sp.).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 4.22 acres of wetlands to facilitate the establishment of a vehicle (passenger vehicle and trailer truck) fuel and convenience 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:
Due to the size, location, and orientation of wetlands encompassed by the property, the project could not proceed with the total avoidance of work affecting wetlands. The project purpose is to provide a one-stop shop for both fueling needs and food/beverage needs for both commercial truckers and non-commercial vehicles. Currently, there is not a service station at the State Road 207 – Interstate 95 interchange that provides all of those services. The typical layout of such a facility includes a main building along the road frontage with non-commercial fueling and parking. This leaves the rear portion of the property for the commercial trucking fueling, scales, parking, etc. At this site, there is a separate commercial trucker ingress/egress (northwest portion of site) for both safety and convenience. Overall, the typical building layout for this type of establishment is large and rectangular and requires ample parking to accommodate travelers (both commercial and non-commercial). Since the proposed station would serve both commercial truckers and noncommercial vehicles, there are two separate fueling areas. Lastly, efforts were made to fit stormwater ponds around the commercial trucking area and also utilize the northern most upland area. The project design maximizes the use of available uplands and all practical efforts have been made to reduce the area of work affecting wetlands. Where work would affect wetlands, the work affects the lower quality “fringe” areas of the wetlands.
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 submitted a Uniform Mitigation Assessment Method (UMAM) quantifying and qualifying the work affecting wetlands. The UMAM indicates that the work proposed would result in the loss of 2.66 functional units. In consideration of the UMAM, the applicant proposes to purchase 2.66 credits from a federally approved mitigation bank with a service area encompassing 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 project site is located within the core foraging areas of two Wood Stork (Mycteria americana) colonies. Therefore, this species could be present at the project site. However, the project would not affect suitable foraging habitat for Wood Storks. In consideration of this information, the Corps utilized the programmatic consultation procedures associated with 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 key for Wood Storks; 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 or estuarine habitat nor EFH. Our initial determination is that the proposed action would not have an impact on EFH or federally managed fisheries in Moultrie 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 Corps has not yet verified the proposed extent of wetlands (i.e., the proposed extent of Federal jurisdiction).
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.