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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
APPLICANT: Carlos Serrano
3413 Lands End Drive
St. Augustine, Florida 32084
WATERWAY AND LOCATION: The project is located at 401 County Road 13 South (St. Johns County Property Appraiser – Parcel Identification Number 0210100140), in Section 38, Township 8 South, Range 27 East, St. Augustine, St. Johns County, Florida. The project site’s approximate central coordinates are Latitude 29.837449°, Longitude -81.554884°. The project would affect wetlands adjacent to waters of the United States associated with the St. Johns River.
Directions to the site are as follows: Traveling from Jacksonville take I-95 South to International Golf Parkway. Take a right onto 9 Mile Road/International Golf Parkway and continue to Pacetti Road. Follow Pacetti Road for 4.4 miles and turn right onto CR 208. Follow CR 208 for 0.3 miles and turn left onto CR 13A South. Follow CR 13A South for 3.8 miles then turn right onto CR 214. Follow CR 214 for 3.9 miles and then turn left onto CR 13 South. Go approximately 0.6 miles to the site.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.837449°
Longitude -81.554884°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a private residential single-family home and dock.
Overall: The overall project purpose is to construct a private residential single-family home and dock on CR 13 South, St. Augustine.
EXISTING CONDITIONS:
a. The subject property is approximately 0.43 acres located within the Riverdale River front lots. The site is bound to the North by a county end of roadway, to the South by a private residence, to the east by CR 13 South and to the west by the St. Johns River.
b. Project History: There is no previous permitting history for this project location with the Corps.
c. State Permit History: An application was submitted to the Florida Department of Environmental Projection (FDEP) under FDEP site number 55-0159243-001-EI and is currently under review.
d. Soils: The Soil Survey of St. Johns County, Florida indicates the following soil type within the property:
Pomona Fine Sand – This soil is nearly level and poorly drained. It is adjacent to poorly defined drainage-ways and in broad, flat, low areas countywide. Mapped areas are irregular in shape, long and narrow, or nearly circular, ranging from five to 200 acres. Slopes are less than two percent. Typically, the surface layer is black fine sand about five inches thick. Underlying material, to a depth of 80 inches, is light brownish gray and light gray fine sand. Small areas of Adamsville and Basinger soils are included in maps of this area. Also included are soils similar to small areas of Adamsville and Basinger soils are included in maps of this area. Pompano soil but having an organic layer two to six inches thick; soils having a surface layer more than 20 inches thick; and soils having a sandy loam subsoil layer at a depth of more than 40 inches. The water table is within 10 inches of the surface layer for two to six months. It is more than 30 inches below is slow. The available water capacity is very low. Reaction ranges from very strongly acid to mildly alkaline. Natural fertility is low.
e. Vegetative Community Types: Vegetative Community Types: The site is undeveloped. The site encompasses generalized land use and vegetative communities characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) developed by the Florida Department of Transportation.
Wetland Communities:
Wetland Forested Mixed (FLUCFCS 630) approximately 0.43 acres– This community consists of red maple (Acer rubrum), live oak (Quercus virginiana), fetterbush (Lyonia lucida), black berry (Rubus spp.), and Virginia chainfern (Woodwardia virginicus).
Streams and Waterways (FLUCFCS 510) approximately 0.89 acres – This community includes the St. Johns River which forms the western boundary of the site.
PROPOSED WORK: The applicant seeks authorization to:
1) discharge clean fill material within 0.20 acres (1300 cubic yards) of forested mixed freshwater wetlands to facilitate the construction of a single-family residence and associated infrastructure (storage area, septic tank, and driveway). A 257-foot bulkhead will be constructed around the proposed fill for the home to retain the fill. The bulkhead will be 40-feet long on the north side of the proposed home, 80-feet long on the west side of the proposed home, 105-feet long on the southside of the proposed home, and 40-feet long running north adjacent to the storage area.
2) To construct a 20-foot by 20-foot deck attached to the proposed bulkhead leading to a 5-foot by 40-foot access pier through forested mixed wetlands. The construction of these elevated structures would not affect navigable waters of the United States and will not result in a discharge of dredged or fill material into waters of the United States. Provided the work is done in accordance with the enclosed drawings, the Department of the Army authorization will not be required.
3) To construct a 3,843 square foot private residential dock consisting of an access pier, terminal platform, and covered boat slips. The proposed access pier will connect to the access pier that crosses forested mixed wetlands and would be 5-foot by 300-foot, leading to a 10-foot by 20-foot terminal platform, and a 34-foot by 38-foot covered boat slips to accommodate two (2) vessels with a 1.5-foot roof overhang. There would be 110 wood pilings, totaling 110-square-feet of in-water impacts, installed by drop punch.
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 impact is necessary to construct a single-family home and maintain septic setbacks from the roadside ditch and the St. Johns River. In addition, the application is proposing a 257-foot bulkhead around the proposed fill for the home in order to reduce wetland impacts by eliminating side slopes.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposed to purchase 0.12 palustrine forested federal mitigation bank credits from the St. Johns Mitigation Bank (SAJ-2008-04783).
CULTURAL RESOURCES:
The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps ran a Resources at Risk (RAR) Report on 16 January 25, 2024, to determine the federally listed species that may have the potential to be affected by the proposed project. The Corps has determined through use of programmatic keys that the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), Wood stork (Mycteria americana), and Eastern indigo snake (Drymarchon couperi) or its designated critical habitat.
Additionally, the RAR also indicated that the USFWS Information for Planning and Consultation (IPAC) species list for the St. Johns County that have habitat and could be located within the project site include: Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), and Red knot (Calidris canutus rufa), green sea turtle (Chelonia mydas), leatherback sea turtle (Dermochelys coriacea), Kemp’s Ridley sea turtle (Lepidochelys kempii), and loggerhead sea turtle (Caretta caretta).
West Indian manatee (Trichechus manatus): Since the proposal by the applicant is for in-water construction, potential impacts to the manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequential determination A-B-C-G-H-I-N-O-P4 – May affect, not likely to adversely affect. This determination is based on the applicant adhering to the Standard Manatee Conditions for In-Water Work, 2011. The FWS previously indicated that they concur with determinations of May affect, not likely to adversely affect based on the key for manatees; and, that no additional consultation is necessary.
Wood Stork (Mycteria americana): The project site is approximately 18.1 miles from the Jacksonville Zoo Wood Stork Colony, therefore, the Corps evaluated potential effects to this species. The work proposed would not affect suitable foraging habitat (SFH). 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-may affect, but is not likely to adversely affect. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for Wood Storks; and, that no additional consultation is necessary.
Eastern indigo snake (Drymarchon corais couperi): The proposed work is connected to an upland area; therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequence A-B-C-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.
Smalltooth sawfish, Atlantic sturgeon and shortnose sturgeon, hawksbill turtle (Eretmochelys imbricata), leatherback turtle (Dermochelys coriacea), green turtle (Chelonia mydas), loggerhead turtle (Caretta caretta), and Kemp’s ridley turtle (Lepidochelys kempii), and whales (North Atlantic right whale, sei, blue, fin, and sperm): The project area is just over 63.2 miles southwest of the St. Johns River Inlet at the Atlantic Ocean; therefore, these species could be found on site. The Corps evaluated the proposed work utilizing NMFS’s Jacksonville District’s Programmatic Biological Opinion (JAXBO, SAJ-2018-01916) dated 20 November 2017. The JAXBO analyzes the effects from 10 categories of minor in-water activities occurring in Florida and the U.S. Caribbean on sea turtles (loggerhead, leatherback, Kemp's ridley, hawksbill, and green); smalltooth sawfish; Nassau grouper; scalloped hammerhead shark, Johnson's seagrass; sturgeon (Gulf, shortnose, and Atlantic); corals (elkhorn, staghorn, boulder star, mountainous star, lobed star, rough cactus, and pillar); whales (North Atlantic right whale, sei, blue, fin, and sperm); and designated critical habitat for Johnson's seagrass; smalltooth sawfish; sturgeon (Gulf and Atlantic); sea turtles (green, hawksbill, leatherback, loggerhead); North Atlantic right whale; and elkhorn and staghorn corals in accordance with Section 7 of the Endangered Species Act. Based on past permitting practices of the Corps and review of consultations with similar in-water construction activities, Project Design Criteria (PDCs) were identified in the JAXBO that typically have been applied to permitted in-water construction activities. These PDCs ensure effects of in-water construction activities are minimal in nature and are not likely to jeopardize the continued existence of listed species or adverse modification to designated CH. On 21 February 2018, NMFS listed the giant manta ray as threatened. On 5 November 2021, SAJ-RD provided NMFS PRD with a Section 7(a)(2) and 7(d) Endangered Species Act (ESA) analysis to verify that the activities covered in JAXBO are not likely to jeopardize the continued existence of the giant manta ray (Manta birostris). The Section 7(a)(2) and 7(d) ESA analysis validates that the Corps’ continued use of the JAXBO, while Section 7 ESA consultation is ongoing, remains compliant with the ESA’s requirements to avoid jeopardy and irreversible or irretrievable commitments of resources. On 16 May 2022, Johnson’s seagrass and its critical habitat were delisted from the ESA. Therefore, the PDCs included in JAXBO to minimize adverse effects to Johnson’s seagrass and its critical habitat are no longer applicable. A document identifying the specific PDCs can be found in the SAJ-2018-01916 file or on the SAJ Regulatory Division SourceBook in the ESA section.
For this verification, the Corps conducted a project specific review to ensure that all of the PDCs were met. In accordance with the project-specific review process established in the JAXBO, a PDC checklist, certification that the activity meets the applicable PDCs, and supporting documentation for the proposed activity were emailed to nmfs.ser.statewideprogrammatic@noaa.gov and jaxbo@usace.army.mil on January 25, 2024. Therefore, the Jacksonville District satisfied the project-specific review requirements stipulated in the JAXBO and satisfied its obligation under the ESA for the above-listed species and critical habitats within the NMFS purview.
e. The RAR indicated that the Information for Planning and Consultation (IPAC) species that are found within St. Johns County could include the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Everglade Snail kite (Rostrhamus sociabilis plumbeus), and Whooping crane (Grus americana). These species’ ranges do not include this area or habitat to support these species is not found on site. Therefore, routes to effects for these species were not reviewed. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any federally listed threatened or endangered species, other than those mentioned above. 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 federally listed, threatened, or endangered species, other than those mentioned above.
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 0.06 acres of riverine habitat utilized by various life stages of shrimp, bluefish, summer flounder, and sharks. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in 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.
Navigation: The proposed structure is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
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, P.O. 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, Janice Price, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida, 32232; by electronic mail at Janice.R.Price@usace.army.mil; by facsimile transmission at (904)232-1904; or, by telephone at (904)251-9193.
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.
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.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 55-0159243-001-EI.
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.