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: The Episcopal Church in the Diocese of Florida, Inc.
c/o: Bishop Samuel Howard
325 N Market St
Jacksonville, FL 32202
WATERWAY AND LOCATION: The project would result in the permanent discharge of fill material into approximately 1.01-acres of aquatic resources associated with a mix of forested wetlands which drain through Wades Creek to St. Johns River. The project site is located along the northern portion of Trinity Episcopal Church North Campus parcel number 02798-100-21 at 6350 County Road 16A, in Section 38, Township 06 South, Range 28 East, St. Johns County, Florida.
Directions to the site are as follows: From Interstate 95 (I-95), take exit number 323 and turn west on International Golf Parkway. Take International Golf Parkway for approximately 2.4 miles and turn right on State Highway (SHW) 16. Continue on SHW 16 for about 1.5 miles to the intersection of Silvernail Parkway. Here, SHW 16 turns to the south; continue forward on County Highway 16A and proceed approximately 0.5 miles. The site is on the north side of the road at 6350 County Road 16A.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.9798°
Longitude -81.5162°
PROJECT PURPOSE:
Basic: The basic purpose is Institutional Development.
Overall: The overall project is to provide expanded religious and educational services in the northern part of St. Johns County to meet current demand for Episcopal Day School and church services at the Trinity Episcopal Church North Campus. The proposed expansion includes additional roadways, parking, structures, and an increased stormwater management pond. The applicant proposes to expand its facilities to fully utilize the parcel to meet current demand for Episcopal Day School and church services. The stormwater pond would be enlarged to accommodate the additional development. As proposed, the project would develop an additional 7.11 acres of the 12.81-acre of the parcel, in addition to the 5.70 acres authorized under Phase I of development.
History: The St. Johns River Water Management District (SJRWMD) issued a Section 404 Permit (Number 181905-2) on January 27, 2023, for the construction of Phase I development of the Trinity Episcopal Church North Campus. A small portion (0.12-acre), located in the northeast corner, of the property sits under Conservation Easement (SJRWMD issued Permit Number 99446-3). A search of the Corps’ regulatory database (ORM2) shows no Department of the Army permit history within the project area.
EXISTING CONDITIONS: As of the date of application, Phase I construction was underway in the 5.70-acre southeastern portion of the property, immediately adjacent to the project area. Phase I development includes the construction of 10,000 square foot church with courtyard, education facilities, access roads, parking, and a stormwater retention pond. A small portion of the northeast corner of the property sits under Conservation Easement. No impacts are proposed within the easement area. Wades Creek flows west north of the northern boundary and then south near the western boundary, crossing under CR 16a west of the site.
The existing vegetative communities and land uses have been characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) as described below. The proposed project site represents 7.11-acres of undeveloped forested upland and wetland. Existing land cover types include Mixed Hardwoods (438), and Mixed Wetland Hardwoods (617).
Uplands
Hardwood Forests – 5.78 ac. ± (FLUCFCS code 438): The majority of the expansion site is comprised of Hardwood Forests (438), a hardwood community in which no single species or species group appears to achieve a 66 percent dominance of the canopy. Dominant species within the hardwood forest includes a mix of sweetgum (Liquidambar styraciflua), water oak (Quercus nigra), laurel oak (Quercus laurifolia), live oak (Quercus virginiana), wax myrtle (Morella cerifera), broomsedge (Andropogon virginicus), witchgrasses (Dichanthelium spp.) and greenbrier (Smilax spp.) vines. A small portion of the upland (0.05 ac.) is within the conservation easement in the northeast corner of the site that will not be directly impacted as a result of the proposed project.
This area is discerned from adjoining wetlands by lack of hydrologic indicators and non-hydric soils.
Wetlands
Mixed Wetland Hardwoods – 1.33 ac. ± (FLUCFCS code 617): The Mixed Wetland Hardwoods (617) community comprises the majority of the expansion site’s northern boundary and is composed of a large variety of hardwood species tolerant of hydric conditions yet exhibit an ill-defined mixture of species. The canopy is diverse, with dominant species comprised of bald cypress (Taxodium distichum), red maple (Acer rubrum), black tupelo (Nyssa sylvatica), red bay (Persea borbonia), swamp bay (Persea palustris), water oak, of red bay, and laurel oak (Quercus laurifolia). Additional dominant species include buttonbush (Cephalanthes occidentalis), lizard’s tail (Saururus cernuus), pennywort (Hydrocotyle sp.), netted chain fern (Woodwardia areolate), and royal fern (Osmunda regalis). A total of 0.07 acre of this community occurs within the recorded conservation easement in the northeast corner of the site. The conservation easement will not be directly impacted by the proposed project.
PROPOSED WORK: The applicant seeks authorization to permanently discharge fill material into 1.01-acres of wetland for the purpose of constructing a multi-purpose field, covered pavilion, and expansion of the associated stormwater management pond, at the Trinity Episcopal Church North Campus.
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:
This expansion plan underwent design iterations to ensure it would minimize direct wetland impacts, and any remaining impacts would be mitigated for via the purchase of Mitigation Bank Credits. Initial project plans included the permanent discharge of fill material into 1.30-acres of wetland. Current plans propose impacts to 1.01-acres of wetland, a 22% reduction from initial plans. Additionally, water quality in wetlands adjacent to impact areas will be protected from construction impacts through the use of silt screens along the margin of the development area. Wetland functions, with respect to water quality, are not expected to be adversely affected as a result of proposed development. Adequate stormwater treatment will be provided through the proposed expansion of the stormwater pond in the northeast portion of the overall site.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The Uniform Mitigation Assessment Method (UMAM) for an accounting of the primary and secondary impact functional losses was used to determine loss and required compensatory mitigation for the proposed impacts. All of the functional losses incurred by this project will be fully offset by the utilization of mitigation bank credits from the appropriate common regulatory basin (Sixmile & Julington Creeks Nested – Regulatory Basin 5). These credits have been set aside at Star 4 Mitigation Bank specifically for this project.
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) based on programmatic key. Therefore, no additional consultation with the U.S. Fish and Wildlife Service is required 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 tricolored bat (Perimyotis subflavus) based on programmatic key. The applicant would complete work prior to any potential listing of the species; or, if the species is listed prior to work completion, the applicant would pursue consultation with the United States Fish and Wildlife Service pursuant to Section 10 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on the Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis) or the Whooping Crane (Grus americana), or on any other listed threatened or endangered species or designated critical habitat.
ESSENTIAL FISH HABITAT (EFH): Our initial determination is that EFH is not present within the project area; therefore, the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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 Tim Orlowski at Timothy.K.Orlowski@usace.army.mil 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, Tim Orlowski, in writing at Timothy.K.Orlowski@usace.army.mil; or, by telephone at (920) 912-5427.
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.
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.