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: William Schroder
308 Three Island Court
Ponte Vedra Beach, Florida 32082
WATERWAY AND LOCATION: The project would affect waters of the United States (tidal wetlands) associated with Cabbage Creek. The project site is located at 308 Three Island Court in Section 40, Township 3 South, Range 29 East, Ponte Vedra Beach, St. Johns County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel south on Interstate 95. Take Exit 344 for FL 202 East (J. Turner Butler Boulevard). Travel approximately 12.3 miles and exit south onto A1A. Travel approximately 2.2 miles south and turn right onto Solana Road. Travel west on Solana Road for approximately 1.4 miles. Turn right onto Marsh Landing Parkway. Travel approximately 0.4 mile and check in at security gate and turn left onto Harbour View Drive. Turn right onto Deer Haven Drive and travel approximately 0.5 mile. Take the first right onto 3 Island Court and travel approximately 0.2 mile to the project area.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.228248
Longitude -81.406280
PROJECT PURPOSE:
Basic: The basic project purpose is housing.
Overall: The overall project purpose is to construct a single-family residence with associated infrastructure in Ponte Vedra Beach, St. Johns County, Florida.
EXISTING CONDITIONS:
a. General: The Corps previously permitted this project on December 19, 2014. None of the proposed work was completed before the permit expired on December 19, 2019. The proposed work is identical to the originally permitted work. Existing bulkhead and riprap on site was permitted by the Florida Department of Environmental Protection. A guest residence, shed and road are currently located in uplands on site. A dock and three boardwalk structures through salt marsh are also found on site. There are no known permits for the dock and three boardwalk structures; however, they are found in the drawings of the December 19, 2014 permit. These structures would undergo review for after the fact permitting as part of this permit review.
b. Soils: The Soil Survey of St. Johns County, Florida (U.S.D.A., Soil Conservation Service, 1983) indicates the following soil types within the property:
(1) Ona fine sand (12). Ona fine sand is a nearly level, poorly drained sandy soil in flatwood areas. The seasonal high water table is at a depth of 10 to 40 inches for periods of four to six months during most years. It rises to a depth of less than 10 inches for periods of one to four months and may recede to a depth of more than 40 inches during very dry seasons. Typically, the surface layer, about eight inches thick, is very dark gray fine sand. The subsoil between depths of 8 and 16 inches is black to dark brown fine sand.
(2) Durbin muck, frequently flooded (52). Durbin muck, frequently flooded, is a very poorly drained, nearly level soil in narrow estuaries and broad tidal basins near the Atlantic Ocean and Inland Waterway. This soil is continuously saturated. It is flooded daily by normal high tides. During high tides salty water 6 to 24 inches deep stands above the surface. Typically, the surface layer is very dark grayish brown muck about six inches thick. Between depth of 6 and 59 inches is very dark gray and black muck.
(3) Pellicer silty clay loam, frequently flooded (24). Pellicer silty clay loam, frequently flooded, is a very poorly drained, nearly level soil that is in low tidal marshes along stream estuaries near the Atlantic coast. This soil is flooded twice daily by normal high tides. The water table fluctuates with the tide. Typically, the surface layer is very dark brown silty clay loam about 10 inches thick. Between depths of 10 and 55 inches, the material is dark greenish gray clay loam.
c. Vegetative Communities: The property is 7.30 acres overall and is characterized by two generalized vegetative communities per the Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida Department of Transportation (FDOT), State Topographic Bureau, Thematic Mapping Section, 1999)].
(1) Low Density Residential (FLUCFCS 110) – There are 2.08 acres of Low density residential designated land on site. This is an upland consisting of single-family residential units with a density of less than two dwelling units per acre.
(2) Salt Marsh (FLUCFCS 642) – There are 5.22 acres of salt marsh on site. Salt marsh is a wetland community that will be predominated by one or more of the following species: cordgrasses, needlerush, seashore saltgrass, saltwort, glassworts, fingerush, salt dropseed, seaside daisy or salt jointgrass.
PROPOSED WORK:
The applicant seeks authorization to discharge fill material over 0.18 acre of intertidal wetlands in association with construction of a single-family residence. The applicant also seeks authorization to place riprap over 0.16 acre of intertidal wetlands in front of proposed retaining walls and bulkheads throughout the property. A 0.04 acre boardwalk would be constructed on the waterward side of the retaining wall on the east side of the property to connect a current storage shed to the garage of the proposed future residence. The work associated with the establishment of the residence would affect tidal wetlands associated with Cabbage Creek.
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 island upon which the residence will be constructed is long and narrow, approximately 900’ and on average 90’, respectively. The narrowness poses challenges to the construction of a new home. The narrowness problem is exacerbated by the need to maintain the existing 15’ wide driveway that currently provides access to the guest house located on the southeastern tip of the island. The applicant will build their home on the widest part of the island, where disturbances to the marsh will be minimal. Currently only the southeastern tip of the island, the location of the guest house, is protected by a retaining wall. The applicant will extend the retaining wall around nearly all of the island. The retaining wall will simultaneously allow for the landward side ground to be filled/levelled and prevent erosion into the waterward side wetland. Rip rap along the waterward face of the retaining wall is proposed at four locations. The rip rap will effectively counter the erosional forces of the tidal creeks that surround the island, protecting the property. A boardwalk serving to connect an existing storage shed to the future garage along the northeastern side of the island is also proposed. The boardwalk will be constructed on the waterward side of the proposed retaining wall.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset the wetland impacts, the applicant has purchased 0.14 credits from North Florida Saltwater Marsh Mitigation Bank (SAJ-2019-00292) as part of the previous permit authorization.
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 3.5 miles southeast of the nearest identified nest or cluster location for Red Cockaded Woodpecker; and, within the consultation area identified by the U.S. Fish and Wildlife Service (FWS) and the Corps for this species. 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. It is likely that this species, if present, only opportunistically forages at the site. However, as significant forested habitat is located near the project site, the Corps concludes that the project would have no effect on this species.
Wood Stork (Mycteria americana): Wood Storks nest in colonies (rookeries); and, roost and feed in flocks. Stork breeding populations in Florida trend in the central and southern counties with a few scattered northeastern Florida counties. The stork uses freshwater and estuarine wetlands as feeding, nesting, and roosting sites. Storks feed primarily on small fish in calm, uncluttered water depths between 2- to 15-inches deep. Often a dropping water level is needed to concentrate fish in an area to feed; conversely, a rise in water reduces the value of a site as feeding habitat. Generally, drying marshes, stock ponds, shallow roadside or agricultural ditches, narrow tidal creeks or shallow tidal pools, depressions in cypress swamps or sloughs provide the ideal feeding habitat. Most nesting colonies in the southeastern U.S. are located in woody vegetation over standing water or on islands surrounded by broad expanses of open water, including areas that have been impounded by man-made structures, although this is only for a short period of time. The project is approximately 2.13 miles from the Dee Dot Ranch (594004) Wood Stork colony and within the Core Foraging Area of that colony and the project site has suitable foraging habitat. 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-C-not likely to adversely affect.
Eastern Indigo Snake (Drymarchon corais couperi): Eastern Indigo Snake 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 evaluation of the project site identified only two active gopher tortoise burrows. One location would be affected by the WRF project construction; however, the other is on the JEA property but outside of the limits of construction and would not be affected. Prior to clearing or grubbing of tortoise-occupied habitat, a state-issued gopher tortoise relocation permit from the Florida Fish and Wildlife Conservation Commission (FWC) would be obtained. 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-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 proposal would impact approximately 0.34 acre of salt marsh utilized by various life stages of shrimp and snapper/grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries Cabbage Creek. 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 previously finalized an Approved Jurisdictional Determination, which verified the extent of Federal jurisdiction at the 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at Terri.M.Mashour@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028. Please note, due to office staffing precautions associated with CoVid-19, electronic mail correspondence is preferred.
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.