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: Treaty Ground Investments, LLC
77 Almeria Street
St. Augustine, Florida 32084
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Moultrie Creek. The project site is located north and south of Brinkoff Road, west of Wildwood Drive, in Sections 2 and 3, Township 8 South, Range 29 East, St. Augustine, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.836355°
Longitude -81.360045°
PROJECT PURPOSE:
Basic: The basic project purpose is residential development.
Overall: The overall project purpose is the establishment of a multi-family housing development serving southwest St. Augustine.
EXISTING CONDITIONS:
General: The topography of the site is varied and generally slopes from mostly pine flatwood/timbered pine upland communities toward depressional wetland areas. The elevations of the property range from approximately 34 feet to 25 feet NGVD. Surface and stormwater flow from the site generally runs eastward toward Moultrie Creek. The proposed project area (approximately 44.97 acres) has seen relatively recent disturbance in the north portion of the property including timbering, clearing, and the construction of a stormwater management system. The south side of the property has remained relatively untouched in recent years.
Soils: The Soil Survey of St. Johns County, Florida identifies two soil types within the project area.
Immokalee fine sand (map unit 07): Immokalee fine sand is a poorly drained, nearly level soil on broad flats and low knolls in the flatwoods. The seasonal high water table is at a depth of less than 10 inches for about two months of the year. It is at a depth of 10 to 40 inches for more than eight months of the year, and it recedes to a depth of more than 40 inches during extended dry periods. Typically, the surface layer is very dark gray fine sand about eight inches thick. The subsurface layer, which is about 32 inches thick, is light gray and white sand.
Pomona fine sand (map unit 09): Pomona fine sand is a poorly drained, nearly level soil is in broad areas in the flatwoods. The seasonal high water table is within 10 inches of the surface for one to three months and is at a depth of 10 to 40 inches for six months or more. During extended dry periods, the water table recedes to a depth of more than 40 inches. Typically, the surface layer is black to very dark gray fine sand about six inches thick. The subsurface layer, which is about 15 inches thick, is gray and light gray fine sand.
Vegetative Communities: The project site encompasses four communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).
Pine Flatwoods (FLUCFCS code 411): This community is dominated by a canopy of non-bedded slash pine (Pinus elliottii) with scattered longleaf pine (Pinus palustris), and loblolly pine (Pinus taeda). Generally, the understory and groundcover are densely vegetated with bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum). In higher areas of the uplands, the site contains scattered sand live oak (Quercus geminata), sand pine (Pinus clausa), and rusty lyonia (Lyonia ferruginea). In lower areas of the uplands, fetterbush (Lyonia lucida) becomes a component of the understory.
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), cypress (Taxodium spp.), and sweetgum (Liquidambar styraciflua). The understory and groundcover include fetterbush, highbush blueberry (Vaccinium corymbosum) Virginia chain fern (Woodwardia virginica), and pipewort (Eriocaulon sp.).
Upland Cut Ditch (FLUCFCS code 510): There is a very shallow ditch which drains the onsite wetlands toward the east (offsite).
Stormwater Pond (FLUCFCS code 530): This area of the project site is a permitted stormwater pond. The pond discharges to the east along a ditch outfall and ultimately drains into Moultrie Creek.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 1.84 acres of wetlands to facilitate the establishment of a residential subdivision with its associated infrastructure and stormwater treatment system.
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:
Wetlands traverse the central region of the southern section of the project site; and, as such, in order to access developable uplands, the applicant must cross those wetlands. Therefore, the total avoidance of work affecting wetlands is not practical. A lobe of wetlands juts into the southern section of the project site from Brinkoff Road; and, a lobe of wetlands also juts into the northcentral region of the northern section of the project site. The avoidance of work affecting these systems would preclude the establishment of residential units on the contiguous developable uplands. The majority of the work affecting wetlands is associated with the establishment of the project infrastructure and stormwater treatment system. The applicant limited the work associated with the establishment of residential units to two sites, which also are affected by the project infrastructure. Overall, in consideration of the size, location, and orientation of the onsite wetlands, the applicant indicated that the avoidance or further minimization of work affecting wetlands was not economically practical.
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 loss of wetland functions and services associated with the work proposed. The UMAM calculates that functional loss as 1.34 units. In consideration of the UMAM, the applicant would purchase 1.34 mitigation bank credits from the Fish Tail Swamp Mitigation Bank (SAJ-2007-05851).
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 within the Core Foraging Area of two Wood Stork colonies. Therefore, this species could utilize the area encompassed by the project ESA scope of analysis. However, the work proposed would not affect suitable foraging habitat (SFH). 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 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 project does not affect marine or estuarine habitat nor EFH. Our initial determination is that the proposed action would not have an adverse impact on EFH or federally managed fisheries in Moultrie Creek or the Matanzas 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.