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:
North Florida Rock, LLC
c/o Scott Alexander
5160 Vermont Rd
Marianna, FL 32488
WATERWAY AND LOCATION: The project would affect waters of the United States associated with unnamed wetlands adjacent to the Chipola River (HUC 03130012). The project site is located on the northwest corner of Highway 71 and Vermont Rd, within Sections 19 and 20, Township 3 North, Range 9 West, Jackson County.
Directions to the site are as follows: The project site is south of Marianna, Florida off Hwy 71, on the northwest corner of the intersection of Hwy 71 and Vermont Rd.
APPROXIMATE CENTRAL COORDINATES:
Latitude 30.639263°
Longitude -85.164736°
PROJECT PURPOSE:
Basic: Expansion of an existing limestone mine.
Overall: To expand an existing limestone mine that will continue to produce limestone for use in many essential products, including infrastructure materials and agricultural products.
EXISTING CONDITIONS: The 224-acre expansion area was historically a mix of upland hardwoods, forested wetlands and pine ridges. Current land uses include mixed wetland hardwoods (FLUCCS 617), cropland/pastureland (210), mixed pine (415), hardwood-conifer mixed (434), forest regeneration areas (443), and limestone quarry (163).
The applicant states that there are 30.18 acres of wetlands onsite, including 26.19 acres of waters of the United States and 3.99 acres of isolated wetlands. The portion of this habitat located at the northern end of the wetland area contains a variety of hardwood species tolerant of hydric conditions, such as laurel oak (Quercus laurifolia) and junipers, which can exist across a broad spectrum of both wetland and upland habitats. The center of the system and towards the north contains slash pine (Pinus elliottii), sweetbay magnolia (Magnolia virginiana), sweetgum (Liquidambar styraciflua), blackgum (Nyssa biflora), swamp bay (Persea palustris), and cypress (Taxodium ascendens). The western extent of this cover type shows strong evidence of subsidence and clear hydrologic disturbance based on soil pits and the lack of hydric indicators in the soil profile. This area shows colonization by persimmon (Diospyros virginiana), willow (Salix caroliniana), and herbaceous species tolerant of a variety of hydrologic conditions.
The study area wetland was hydrologically impacted several decades ago by the construction of Vermont Road and culvert flow impairment by beavers. A single culvert was blocked for many years by beavers and allowed for water to stage higher than the normal seasonal high. Ten years ago, the culvert was cleared, and an exclusion fence erected to keep beavers from re-impounding the wetland. As a result, the seasonal high is reverting to its historic elevation. Some areas of the site show clear signs of subsidence resulting from the previously impounded state.
Land use around the project site includes agricultural pasture to the east, the existing limestone mine and the Chipola River to the west, timberland to the north and Vermont Road to the south. Much of the existing site has historically been mined for agricultural lime. The existing 183-acre mining facility includes the processing plant, dewatering ponds, mining pits and offices.
PROPOSED WORK: The applicant seeks authorization to impact a total of 26.19 acres of Corps jurisdictional area in order to create additional mining area for mine pit expansion and a settling pond. The total site boundary for the proposed mining area consists of 224.18 acres on the north and east side of the existing mine.
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: During the planning process, three offsite alternatives and two onsite alternatives were considered in an effort to avoid and minimize impacts to the onsite wetlands and the adjacent wetlands and local waterbodies. Factors considered in determining the best alternative for the expansion included water quality, safety, and logistics.
Maintaining water quality and quantity of runoff and downstream hydrology were primary considerations, and this portion of the analysis included a review of each alternative for the potential for side slope erosion, sedimentation, and turbidity due to the configuration of mine pits, and also the potential for construction of a settling pond and control structure that would maintain water quality, quantity, and hydrology downstream. Review of each alternative site concluded that the preferred alternative would accomplish the water quality and hydrology goals through construction of a settling pond and control structure and by constructing mine pits to configurations that would reduce side slope erosion and sedimentation.
Alternative sites also were reviewed for safety in regard to mine employees and their operation of large vehicles carrying heavy materials throughout the site. Each alternative was reviewed for the potential for construction of wide, stable roads between pits and throughout the site. The preferred alternative, as designed, would utilize upland soils to create stable, wide roads, throughout the site, and was found to be the most suitable and safest option.
The logistics considered in reviewing the alternative sites were related to the specifics of mining, including transportation of and processing of limestone rock for shipment. The review of each alternative site included review of the potential for construction of roads that have less turns and angles that are more conducive to mining operation and transportation of large, heavy loads of equipment and material and construction of pits that are wide enough and have sufficient slope to grade ratios for efficient, safe collection of material. Straight, wide roads are preferred and safest for transportation of heavy loads throughout the mine site, and wide, deep pits with lower slope to grade ratios are more efficient for mining limestone and safest for mining. The preferred alternative would have appropriately sized pits and slopes and wider roads with less turns for more efficient, safe mining activities than other alternatives.
COMPENSATORY MITIGATION – Due to the fact that the study site is not located within a mitigation bank service area, the applicant is reviewing offsite permittee responsible mitigation options within the HUC 12 sub-basin.
CULTURAL RESOURCES: As part of the state’s review of the project, the State Historic Preservation Office requested a Cultural Resource Assessment Survey (CRAS) on December 3, 2018. A CRAS was performed by Heritage Cultural Services in December 2019. No significant artifacts were located onsite. The CRAS was submitted to SHPO on January 3, 2020.
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 within the consultation areas for the gray bat (Myotis grisescens), five mussel species (Gulf moccasinshell (Medionidus penicillatus), oval pigtoe (Pleurobema pyriforme), shinyrayed pocketbook (Hamiota subangulata), Chipola slabshell (Elliptio chipolaensis), fat threeridge mussel (Amblema neislerii)), and the wood stork (Mycteria americana), and within the known range for the eastern indigo snake (Drymarchon couperi). The project is approximately six miles south of critical habitat area RFS-8, Subunit B and four miles west of RFS-8, Subunit C for the reticulated flatwoods salamander (Ambystoma bishopi).
The applicant states that there are no caves onsite. For the gray bat, use of the August 2019 Gray Bat Effects Determination Key yielded a result of ‘no effect, no further consultation required’ (1a-2b-3b).
At its closest the proposed mine expansion is more than 1000 feet from the critical habitat areas in the Chipola River. For the five mussel species, use of the August 2019 Freshwater Mussels Effects Determination Key yielded a result of ‘no effect, no further consultation required’ (1a-2b-7b).
For the wood stork, the project is not within 2500 feet of a known colony site and will not impact suitable foraging habitat. Use of the June 2019 Wood Stork Effects Determination Key yielded a result of ‘no effect, no further consultation required’ (1b-2b).
For the eastern indigo snake, the project will impact less than 25 acres of xeric habitat. The applicant states that there are no gopher tortoise burrows on the project site. The Corps will include conditions in its permit, if issued, requiring the use of the Standard Protection Measures and other measures as described in the August 2013 Eastern Indigo Snake Effects Determination Key. Use of that key, as found on the United States Fish and Wildlife Service – Panama City Field Office website, yielded a result of ‘may affect, not likely to adversely affect, no further consultation required’ (A-B-C-D-E).
For the reticulated flatwoods salamander, use of the August 2019 Salamanders Effects Determination Key yielded a result of ‘no effect, no further consultation required’ (1b).
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally-managed fisheries in the Gulf of Mexico. 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 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 Mining Team, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610-8302 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, John Fellows, by electronic mail at john.p.fellows@usace.army.mil (preferred method); in writing at the Mining Team, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610-8302; or by telephone at (813)769-7070 or (813) 302-1987.
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.