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: BFC Property Holdings, Inc.
9540 San Jose Boulevard
Jacksonville, Florida 32241
WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with Durbin Creek (within the U.S. Geological Service hydrographic unit code 030801031301). The project site is located along the south side of County Road 210 West (St. Johns County Property Identification Number 026341-0010) opposite St. Johns Forest Boulevard, in Section 17, Township 5 South, Range 28 East, St. Johns County, Florida.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.061167°
Longitude -81.506895°
PROJECT PURPOSE:
Basic: The basic project purpose is commercial development.
Overall: The overall project purpose is the establishment of a vehicle maintenance facility and car wash serving residents living along County Road 210 West in St. Johns County.
EXISTING CONDITIONS:
In 1995, the Corps authorized work on the overall property associated with the current site. That project was partially implemented; however, did not include the discharge of authorized fill material at the current project site but simply resulted in the partial clearing of this area. The wetlands encompassed by the site have since re-vegetated.
The project site currently supports two habitat communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS). These communities are Open Land (FLUCFCS 1900) and Wetland Forested Mixed (FLUCFCS 6300).
The open land community supports a thin canopy dominated by slash pine (Pinus elliottii) with an understory containing gallberry (Ilex glabra) and various grasses. The wetland mixed forested community supports a canopy that includes slash pine, black gum (Nyssa sylvatica), water oak (Quercus nigra), red maple (Acer rubrum), and Chinese tallow (Sapium sebiferum). The overall mid-story within the wetland includes gallberry and wax myrtle (Myrica cerifera). Ground cover within the wetland community is dominated by Virginia chain fern (Woodwardia virginica) and cinnamon fern (Osmunda cinnamomea).
PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 0.64 acre of wetlands to facilitate the development of the project site. The work proposed would eliminate all of the wetlands encompassed by the site.
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 expressed an opinion that due to the location, size, and orientation of the wetland encompassed by the project site the development of the project site cannot proceed without work affecting that onsite wetland. Further, the applicant expressed an opinion that the work proposed is the minimum necessary for the construction of the proposed facility and a storm water treatment system.
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 Wetland Rapid Assessment Procedure (WRAP) quantifying and qualifying the wetland functions and services that would be lost through the implementation of the project. The WRAP calculates the functional loss as 0.38 units. Therefore, the applicant proposes the purchase of 0.38 credits from 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. The Corps, though, has determined the permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected. 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 within the core foraging area of the Dee Dot Ranch wood stork (Mycteria americana) nesting colony (594004). However, the project site does not encompass suitable foraging habitat for this species. 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, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-no effect. Therefore, the Corps has determined that the proposed project would have no effect on this species or its designated critical habitat.
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 proposal would not affect estuarine or marine habitat. Therefore, our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in Durbin Creek, Julington Creek, or the St. Johns 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 not been re-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 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.