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: White Oak Conservation Holdings, LLC
581705 White Oak Road
Yulee, Florida 32097
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) directly associated with the Little St. Marys River; or, associated with White Oak Swamp or Wilder Swamp, which are tributaries to the Little St. Marys River. The project site is located at 581705 White Oak Road, in Sections 25, 26, 35, 36, 44, 47, Township 4 North, Range 25 East; Sections 31, 43, Township 4 North, Range 26 East; Sections 6, Township 3 North, Range 26 East; and, Sections 1, 41, Township 3 North, Range 25 East, Yulee, Nassau County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.727128°, Longitude -81.759131°
PROJECT PURPOSE:
Basic: The basic project purpose is institutional development.
Overall: The overall project purpose is the expansion of an existing wildlife conservation area and its associated facilities.
EXISTING CONDITIONS:
Soils: The Soil Survey of Nassau County, Florida [U.S. Department of Agriculture – Natural Resource Conservation Service (NRCS)], identifies nine soil types at the project site. These soil types are Kingsland mucky peat, frequently flooded (map unit 7); Chaires fine sand (map unit 11); Goldhead fine sand (map unit 13); Buccaneer clay, frequently flooded (map unit 15); Ocilla fine sand (map unit 23); Goldhead-Meadowbrook fine sands, depressional (map unit 33); Meggett loamy fine sand (map unit 37); Brookman mucky fine sandy loam, depressional (map unit 40); and Meggett loamy fine sand, depressional (map unit 45).
Vegetation: The project site supports three communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). These communities are Pine Plantation (FLUCFCS code 441), Hydric Pine Plantation (FLUCFCS code 441H), and Wetland Forested Mixed (FLUCFCS code 630).
Pine Plantation (FLUCFCS code 441): The majority of on-site uplands have been planted in rows of slash pine (Pinus elliottii) as part of an active silvicultural operation. Other species frequently found within this community include water oak (Quercus nigra), American holly (Ilex opaca), sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), saw palmetto (Serenoa repens), bitter gallberry (Ilex glabra), shiny blueberry (Ilex myrsinites), broomsedge (Andropogon virginicus), and bracken fern (Pteridium aquilinum).
Hydric Pine Plantation (FLUCFCS code 441H): Portions of the planted pine throughout the site exhibit a groundwater level sufficient to facilitate the development of hydric soils indicators and the establishment of hydrophytic vegetation. The canopy and subcanopy species within these areas include planted slash pine, sweetgum, myrtle leaf holly (Ilex myrtifolia), and red maple. Groundcover vegetation includes bitter gallberry, fetterbush (Lyonia lucida), cinnamon fern (Osmunda cinnamomea), and a variety of hydrophytic sedges and rushes.
Wetland Forested Mixed (FLUCFCS code 630): The more natural wetlands within the project limits are a mix of forested wetland strands and depressions. These areas primarily convey flow directly to White Oak Swamp to the north, Wilder Swamp to the south, or the Little St. Marys River to the east. The canopy and subcanopy within these wetlands consists of a mixture of hardwood and coniferous vegetation including blackgum (Nyssa biflora), bald cypress (Taxodium distichum), water oak, sweetgum, red maple, myrtle leaf holly, and slash pine. Groundcover species include fetterbush, saw palmetto, cinnamon fern, netted chainfern (Woodwardia areolata), Virginia chainfern (Woodwardia virginica), and hydrophytic sedges and rushes.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 9.77 acres of wetlands, clear canopy vegetation from 7.65 acres of wetlands and maintain those areas as herbaceous wetlands, and excavate 3.16 acres of wetlands. The project would improve existing trail roads, establish new roads, install fencing, establish ponds, and construct animal paddocks and barns.
AVOIDANCE AND MINIMIZATION INFORMATION: The applicant would utilize existing silviculture roads to the maximum extent practical. The establishment of new roads has been limited to the minimum necessary to reach usable uplands and maintain perimeter fencing. In addition, the applicant sited the new roads to incur the least area of wetland impact; and, reduced the width of those roadways to a maximum of five feet beyond the proposed perimeter fence to reduce impacts to adjacent wetlands. The applicant also located all but one of the proposed ponds within uplands. However, due to engineering constraints, one pond (Pond H3) needed to be located within wetlands to use the lowest point within a planed enclosure.
COMPENSATORY MITIGATION: The applicant’s ecological agent submitted a Wetland Rapid Assessment Procedure (WRAP) quantifying and qualifying the loss of wetland functions and services associated with the work proposed. The WRAP calculated the functional loss as 12.51 units. In consideration of the WRAP, the applicant proposed the purchase of 12.51 credits from the Longleaf Mitigation Bank.
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:
Red Cockaded Woodpecker (Picoides borealis): The project site is approximately 5 miles from the nearest identified nest or cluster location for Red Cockaded Woodpecker (1691); and, within the consultation area identified by the U.S. Fish and Wildlife Service (FWS) and the Corps for this species. Therefore, Red Cockaded Woodpecker may utilize the project site. Habitat for Red Cockaded Woodpecker typically incorporates mature pine woodlands (not wetlands); and, optimal habitat is characterized as a broad savanna with a scattered overstory of large pines and a dense groundcover containing a diversity of grass and shrub species. Nesting and roosting occur in cavity trees that are almost exclusively old, living, flat-topped pine trees. The project site does not encompass typical or optimum habitat; or, trees capable of supporting cavities. Further, as significant forested habitat is located near the project site, it is likely that this species would only opportunistically forage at the site, which the proposed work would not preclude. Therefore, the Corps concludes that the project would have no effect on this species.
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 area encompassed by the ESA scope of analysis for this project. 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 recent survey of the project site identified only two active/inactive gopher tortoise burrows on the overall property. In addition, the project would not affect xeric habitat. 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 project would 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 the Little St. Marys 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 Corps has reviewed the proposed delineation of wetlands encompassed by the property.
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.