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: England, Thims, & Miller, Inc.
Attention: Bran Landeweer
14775 Old. St. Augustine Road
Jacksonville, Florida 32258
WATERWAY AND LOCATION: The project would affect aquatic resources associated with an unnamed tributary that flows into Petty Branch, which flows into the St. Johns River. The project site is located starting just west of the intersection of County Road 210 and Greenbriar Road and runs west approximately 0.75 miles, along Greenbriar Road, Section 22, 21, 39, Township 5 South, Range 27 East, St. Augustine, St. Johns County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel south on Interstate 94, exit west onto County Road 210, and just past the intersection of County Road 210/Old County Road/Veterans Parkway the project begins.
APPROXIMATE CENTRAL COORDINATES:
Beginning Point:
Latitude 30.047893°
Longitude -81.575997°
Ending Point:
Latitude 30.050252°
Longitude -81.587826°
PROJECT PURPOSE:
Basic: The basis project purpose is transportation.
Overall: The overall project purpose is widening of Greenbriar Road, construction of sidewalks, and associated stormwater drainage for alleviation of traffic, improve safety, and plan for future traffic on Greenbriar Road, St. Johns County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine forested system. The onsite vegetation consists of the following:
i. Coniferous Plantations (441): this land use classification is applied to areas that have been planted with pine at densities well above those of a natural stand. At the site, planted slash pine (Pinus elliottii) is the dominant canopy species. The understory is comprised of shrubs, herbs and grasses including gallberry (Ilex glabra), saw palmetto (Serenoa repens), shiny blueberry (Vaccinium myrsinites), highbush blueberry (Vaccinium corymbosum), bluestem (Andropogon virginicus), bushy bluestem (Andropogon glomeratus), partridge pea (Chamaecrista nictitans var. nictitans), and wiregrass (Aristida stricta).
ii. Roads and Highways (814): this land use includes roadway facilities, maintained rights-of-way, and associated drainage features (swales, ditches and stormwater treatment ponds). At the site the road is a two-lane road with narrow shoulders and associated drainage swale running along the south side of the road. Vegetation within the maintained right of way and swale consists primarily of nuisance ruderal and/or exotic species.
iii. Streams and Waterways (510): this land cover type includes small semi-permanently flooded borrow ditches along two silvicultural roads. These conveyance features are relatively shallow and maintained infrequently. Vegetation consisting primarily of nuisance ruderal and/or exotic species is present within the ditches and provide marginal habitat to wildlife.
iv. Mixed Wetland Hardwoods (617): this category is reserved for wetland hardwood
communities which are composed of a large variety of hydrophytic wetland species. At the project site this community is applied to a wetland system the bisects the road near the eastern end of the project (CR-210 intersection). This community is characterized by a closed canopy of laurel oak (Quercus laurifolia), slash pine (Pinus elliottii), sweetgum (Liquidambar styriciflua), bald cypress (Taxodium distichum), red maple (Acer rubrum), and cabbage palm (Sabal palmetto).
v. Wetland Forested Mixed (630): this is a forested wetland community that contains a mixed canopy of hardwood and conifers, in which either achieve 66% dominance of the canopy. At the site, this land cover type was assigned to areas containing a mixed canopy of planted slash pine and hardwood species such as red maple, sweetgum, and dahoon holly (Ilex cassine var. cassine).
vi. Vegetated Non-Forested Wetlands (640): this classification is applied to wetland areas that do not have sufficient canopy or shrub/scrub cover to be classified as a forested community. At the site, this community occurs within the road right-of-way, where maintenance activities have precluded the establishment of trees. Vegetation typically consists of hydrophytic species that tolerate maintenance (mowing) activities.
The existing area surrounding the project area consists of an existing road, an unnamed tributary that runs under the existing road with an associated culvert, a private recreational barn facility, and a residential subdivision on the south side of the road, west of the unnamed tributary. The site is located west of the new Shearwater residential Subdivision.
PROJECT HISTORY:
PROPOSED WORK: The applicant seeks authorization to place 6,000-cubic-yards of fill into 2.63 acres of wetlands (0.92 acres of mixed wetland hardwoods, 0.93 acres of wetland forested mixed, 0.78 acres of vegetated, non-forested palustrine wetlands) for road improvements to alleviate traffic, add a sidewalk, and improve public safety. The proposed work would secondarily impact 3.95 acres of palustrine forested wetlands.
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:
“Due to the size of the road and wetland on both sides, minimum change is being requested. The project offers to expand one lane on each side, providing a buffer from the roads to the wetlands while meeting the goals of the project. This widening is proposed to better handle traffic throughout the growing St. Johns area. The project has been designed in such a way to create the least impact area possible, while serving the current and future needs of the county. Due to the nature of road widenings there are no alternative locations to review. A total of 2.69 acres of direct wetland impacts is proposed from this project and all of the functional losses incurred by this project are expected to be offset by the utilization of regional significant mitigation of greater long term ecological value. This proposed location is in line with the adjoining properties and was selected so that it avoids impacts to the highest quality portions of the wetlands. Other areas may illicit impacts of potentially greater magnitude unto wetland systems of higher quality.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To offset unavoidable direct and secondary impacts to wetlands, the applicant proposes to purchase 1.65 credits from a mitigation bank located within the same drainage basin. The proposed mitigation is sufficient to fully offset the loss of ecological values associated with the project.
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 has determined the proposed project may affect, but is not likely to adversely affect the eastern indigo snake based on programmatic key. Therefore, no additional consultation is required. 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 may affect, but is not likely to adversely affect the Wood Stork based on programmatic key. Therefore, no additional consultation is required. Therefore, pursuant to Section 7 of the Endangered Species Act, no additional consultation is required.
The Corps has determined the proposed project may affect, but is not likely to adversely affect the tricolored bat (Perimyotis subflavus). The Corps will work with the applicant to determine whether the applicant would prefer the Corps to conduct consultation with the U.S. Fish and Wildlife Service to request concurrence with this determination pursuant to Section 7 of the Endangered Species Act up front, or whether the tree clearing would occur prior to the species being listed.
The Corps has determined the proposal would have no effect on Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle (Caretta caretta), Red-cockaded woodpecker (Picoides borealis),
Whooping crane (Grus americana) or any other listed threatened or endangered species or 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. [INCLUDE IF APPROPRIATE] The proposal would impact approximately 0.45 acres of open water utilized by various life stages of species. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 would 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, address located at the letterhead above 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, address at the letterhead above; by electronic mail at Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179.
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.