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)
APPLICANT: Mr. James Harvey
Kolter Land Partners, LLC
14025 Riveredge Drive
Tampa, Florida 33637
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Black Branch Swamp and Bulow Creek. The project site is located on Seminole Woods Boulevard in Sections 29, 30, and 32, Township 12 South, and Range 31 East Palm Coast, Flagler County.
Directions to the site are as follows: Located on Seminole Woods Boulevard approximately 0.35-miles east of the intersection of Highway 1 and Seminole Woods Boulevard.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.42300°
Longitude -81.20238°
PROJECT PURPOSE:
Basic: The basic project purpose is housing.
Overall: The overall project purpose is to construct a single-family residential development in southeastern Flagler County, Florida to meet local demand for this type of housing.
EXISTING CONDITIONS:
The project site is approximately 180.46 acres in size and is currently undeveloped. Habitats in the project area were classified in accordance with the Florida Department of Transportation’s Florida Land Use, Cover and Forms Classification System (FLUCFCS).
Upland Communities
Pine Plantation (FLUCFCS 441) (142.95 acres) – This dominant community has a canopy of planted slash pine (Pinus elliottii). The understory and groundcover contain immature slash pine, bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).
Wetland Communities
Hydric Pine Flatwoods (FLUCFCS 625) (37.51 acres)– This community has a canopy of slash pine. The understory and groundcover are vegetated with scattered dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum), broomsedge (Andropogon virginicus), Virginia chain fern (Woodwardia virginica), and pipewort (Eriocaulon compressum).
PROPOSED WORK: The applicant seeks authorization to place fill material into approximately 6.97 acres of palustrine forested wetlands for the construction of Phase 1 and 2 of a single-family residential development, related infrastructure, and stormwater management. The applicant has requested an Approved Jurisdictional Determination from the Corps for up to 4.62 acres of wetland fill.
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:
All prudent and necessary steps will be taken during construction, and for the duration of the project, to ensure that no adverse impacts to water quality will occur. This may include, but is not limited to, siltation curtains, hay bales, and floating turbidity screens as necessary. All newly exposed surfaces will be seeded as soon as possible.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Purchase of a total of 1.57 WRAP credits from Farmton Wetland Mitigation Bank (1.37 WRAP for Phase 1; 0.20 WRAP credits for Phase 2)
CULTURAL RESOURCES:
The Corps 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 has determined the proposed project may affect, but is not likely to adversely affect the Eastern indigo snake (Drymarchon couperi) and tricolored bat (Perimyotis subflavus) or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposed project would have no effect on the wood stork (Mycteria americana), Eastern black rail (Laterallus jamaicensis ssp. Jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Whooping crane (Grus americana), Monarch butterfly (Danaus plesippus) or its designated critical habitat.
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 4.62 acres of palustrine forested wetlands inland of tidal waters and EFH utilized by various life stages of various species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in downstream tidal 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.
Navigation: The proposed activity 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 St. Paul District Regulatory Division, 332 Minnesota Street, Suite E1500, St. Paul, Minnesota 55101 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, Samantha Coungeris, in writing at the St. Paul District Regulatory Division, 332 Minnesota Street, Suite E1500, St. Paul, Minnesota 55101; by electronic mail at Samantha.S.Coungeris@usace.army.mil; or, by telephone at (651) 290-5268.
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 St. Johns River Water Management District.
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.