Public Notice Notifications

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Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

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SAJ-2018-01170 (SP-MRE)

Published Nov. 8, 2018
Expiration date: 12/10/2018

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:  Bella Cita, LLC
                       Attn: Mr. Richard Bazinet
                       880 Bay Road
                       Mt. Dora, Florida 32757

WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Graham Swamp, a tributary to Bulow Creek. The project site is contiguous to the north side of State Road 100 (Flagler County Property Appraiser Parcel Identification Number 03-12-31-0000-01010-0120), approximately 1.25 miles east of the intersection of State Road 100 and Interstate 95, in Section 39, Township 12 South, Range 31 East, Flagler Beach, Flagler County, Florida.

APPROXIMATE CENTRAL COORDINATES:  Latitude 29.478686°, Longitude -81.163598°

PROJECT PURPOSE:

Basic: The basic project purpose is commercial development.

Overall: The overall project purpose is the establishment of a self-storage facility serving Flagler Beach.

EXISTING CONDITIONS:

Soils: The Soil Survey of Flagler County, Florida (U.S. Department of Agriculture, Natural Resource Conservation Service) indicates that the project site encompasses three soil types (map units). These soils are Favoretta, Chobee, and Winder soils, frequently flooded (map unit 07), Hicoria, Riviera, and Gator soils, depressional (map unit 08), and Pomona fine sand (map unit 40). The Florida Association of Environmental Soil Scientists (FAESS) considers the main components of Favoretta, Chobee, and Winder soils, frequently flooded (map unit 07) and Hicoria, Riviera and Gator soils, depressional (map unit 08) to be hydric. The FAESS also considers inclusions present within Pomona fine sand (map unit 40) to be hydric. This information can be found in the Hydric Soils of Florida Handbook, Third Edition, March 2000.

1. Favoretta, Chobee, and Winder soils, frequently flooded (map unit 07): This soil type is a nearly level, very poorly drained soils that are frequently flooded. Some have a sandy surface less than 20 inches thick and are underlain by loamy material, and some are clayey throughout. This map unit is made up of frequently flooded soils in freshwater swamps. Slopes range from 0 to 2 percent.

2. Hicoria, Riviera and Gator soils, depressional (map unit 08): This soil type is a very deep, nearly level, poorly drained soils found in depressions on flatwoods. Typically the surface layer of Hicoria soil is black mucky fine sand in the upper 10 inches and very dark gray fine sand in the lower 10 inches. The surface layer of Riviera soil is very dark gray fine sand about 3 inches thick. The surface layer of Gator soil is muck about 26 inches thick. In most years, undrained areas of this map unit are ponded, and as much as 24 inches of water is above the surface for 6 months or more except during extended dry periods. Permeability is slow and moderately slow in Hicoria soil, and slow and very slow in Riviera and Gator soils.

3. Pomona fine sand (map unit 40): This soil is a very deep, nearly level, poorly drained soil found in broad flatwood areas. Typically the surface layer of this soil type is black fine sand about 4 inches thick. The seasonal high water table for this soil type is at a depth of 6 to 18 inches for 1 to 3 months, and is at a depth of 10 to 40 inches for more for more than 6 months in most years. The permeability of this soil type is moderate or moderately slow.

Vegetative Communities: The project site supports four vegetative communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). The upland community is Pine Flatwoods (FLUCFCS code 411). The wetland/surface water communities are Mixed Wetland Hardwoods (FLUCFCS code 617), Cypress-Pine-Cabbage Palm (FLUCFCS code 624), and Reservoirs less than 10 acres (FLUCFCS code 534).

1. Pine Flatwoods (FLUCFCS code 411): Typical vegetation observed in this community consists of a canopy dominated by slash pine (Pinus elliottii) and/or longleaf pine (Pinus palustris); with pond pine (Pinus serotina) occasionally occurring in wetter conditions. Understory species generally include saw palmetto (Serenoa repens), wax myrtle (Myrica cerifera), and gallberry (Ilex glabra); with a wide variety of other herbaceous and shrubby species intermixed.

2. Mixed Wetland Hardwoods (FLUCFCS code 617): These forested wetlands are part of a much larger system that is located offsite to the west, which is associated with Graham Swamp. This community is dominated by a canopy pond cypress (Taxodium ascendens), swamp tupelo (Nyssa sylvatica var. biflora), red maple (Acer rubrum), and sweetgum (Liquidambar styraciflua). The subcanopy also includes titi (Cyrilla racemiflora), Carolina willow (Salix caroliniana), and Carolina ash (Fraxinus caroliniana). The groundcover includes cinnamon fern (Osmunda cinnamomea), Virginia chain fern (Woodwardia virginicus), netted chain fern (Woodwardia areolata), March pennywort (Hydrocotyle umbellata), and spikerush (Eleocharis sp.).

3. Cypress-Pine-Cabbage Palm (FLUCFCS code 624): The southern and northeastern portions of the property support Cypress-Pine-Cabbage Palm wetland communities. Species in these systems include cypress (Taxodium distichum and Taxodium ascendens), varieties of pine (Pinus elliottii, Pinus palustris, Pinus serotina, and Pinus taeda), and cabbage palm (Sabal palmetto).

4. Reservoirs less than 10 acres (FLUCFCS code 534): A borrow area (best be classified as Reservoirs less than 10 acres) is located in the central region of the property. Based on a preliminary historic aerial review, this borrow area was excavated prior to 1995.

PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 6.56 acres of wetlands to facilitate the establishment of a self-storage facility with its associated infrastructure (driveways, parking, and stormwater treatment pond).

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 initially planned to eliminate of all of the onsite wetlands. However, the applicant revised the project design and avoided work directly affecting the wetland areas in the northwest and northeast regions of the site (approximately 2.17 acres in total). The applicant expressed an opinion that the work proposed is the minimum necessary to establish a viable project.

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 compiled 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 loss at 5.25 units. Therefore, as compensatory mitigation, the applicant proposes the purchase of 5.25 palustrine forested credits from the Lake Swamp Mitigation Bank (SAJ-2006-02586), which is a federally authorized 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:

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 property did not locate any gopher tortoise burrows. 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 U.S. Fish and Wildlife Service (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.

Florida Scrub Jay (Aphelocoma coerulescens): The project site is approximately 2.5 miles from the nearest identified nest or cluster location for Florida Scrub Jay (1536); and, within the consultation area identified by the Corps and the FWS for this species. Therefore, this species might utilize the project site. There is no designated critical habitat for the Florida Scrub Jay listed in the federal register (52 FR 20715-20719). However, information from the FWS indicates that the Florida Scrub Jay has extremely specific habitat requirements. It is endemic to peninsular Florida’s ancient dune ecosystem or scrubs, which occur on well drained to excessively well drained sandy soils. Relict oak-dominated scrub, or xeric oak scrub, is essential habitat to the Florida Scrub Jay. Optimal habitat incorporates four species of stunted, low growing oaks [sand live oak (Quercus geminata), Chapman oak (Quercus chapmanii), myrtle oak (Quercus myrtifolia), and scrub oak (Quercus inopina)] that are 1-3 meters high, interspersed with 10 to 50 percent non-vegetated sandy openings, with a sand pine (Pinus clausa) canopy of less than 20 percent. Therefore, Florida Scrub Jay habitat is absent from the project site. It is likely that this species only opportunistically forages within forested areas in the vicinity of the project site, which the project would not preclude. In consideration of the lack of appropriate habitat at the site, the local abundance of foraging habitat, and the distance to the nearest colony, the Corps determined that the project would have no effect upon this species.

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 estuarine or marine habitat or EFH. Our initial determination is that the proposed action would not affect EFH or federally managed fisheries in Bulow 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 verified the proposed extent of wetlands encompassed by 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 30 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.