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: First Coast Energy, LLP
Attention: Aubrey Edge
6867 Southpoint Drive North
Jacksonville, Florida 32216
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at the northwest quadrant of the intersection of County Road 210 West and Longleaf Pine Parkway/County Road 16A, Orangedale, St. Johns County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel south on Interstate 95. Exit onto County Road 210 West and travel west. Take a left and travel onto County Road 210 West. The project site is at the intersection of County Road 210 West and Longleaf Pine Parkway/County Road 16A on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.015719°
Longitude -81.605633°
PROJECT PURPOSE:
Basic: Commercial development.
Overall: The applicant has stated that the overall project purpose is development for the construction of a vehicle service station in the southwest area of St. Johns County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine forested system. The existing vegetative communities have been characterized pursuant to the Florida Department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS) as described below:
Onsite Uplands:
Pine Flatwoods (FLUCFCS 411) 2.12 acres: Most of the property comprises upland pine flatwoods. The canopy in the flatwoods is dominated by young slash pine (Pinus elliottii) mixed with scattered hardwood saplings such as water oak (Quercus nigra). The shrub layer and ground cover comprise a dense growth of saw palmetto (Serenoa repens), bitter gallberry (Ilex glabra), muscadine grape (Vitis rotundifolia), and greenbriar (Smilax spp.) which reflects prolonged suppression of wildfires.
Abandoned Roadbed (FLUCFCS 814) 0.17 acre: The Lidar for the property indicates the presence of an abandoned road that traverses the property in the northwest to southeast direction. The roadbed is raised above the grade of the adjacent approximately 2 feet. The road has been abandoned for many years and has naturally revegetated with species that occur in the adjacent pine flatwoods. There is no culvert under this road which would otherwise provide a hydrologic connection between the two onsite wetlands.
Onsite Wetlands
Willows (FLUCFCS 618) 0.20 acre: All of Wetland 1 had been clear cut around 2008. This area has since revegetated mostly with young coastal plain willow (Salix caroliniana) along with scattered sapling red maple (Acer rubrum). The ground cover vegetation is currently sparse. The ground surface contains a layer of fine material such as loam that may have been deposited into the wetland when the adjacent stormwater pond to the north was being constructed (during dewatering). This wetland will still periodically hold shallow standing water during the rainy season (perhaps due to the deposition of the loam) but is normally dry.
Hydric Pine Flatwoods (FLUCFCS 625) 0.21 acre: Wetland 2A comprises hydric pine flatwoods. Most of this wetland is vegetated with young slash pine and scattered Virginia chain fern (Woodwardia viriginica) and sapling red maple. This wetland forms a relatively narrow finger that curls around to the south and east and connects to an offsite slough. This area has a seasonal high water table at or near the ground surface but does not hold standing water during normal rainy seasons.
Mixed Wetland Hardwoods (FLUCFCS 617) 0.40 acre: The canopy in these areas is dominated by such species as red maple, swamp laurel oak (Quercus laurifolia), and sweet bay (Magnolia virginiana). The understory and ground cover vegetation is relatively open and includes various grasses and sedges. This wetland regularly holds shallow standing water during the rainy season.
The existing area surrounding the project area consists of Old County Road 210 and Longleaf Pine Parkway (State Road 16), a residential development to the south west, a stormwater pond to the west, and undeveloped land with two single family residences across Old County Road 210 to the east. Base on information provided by the applicant, the subject commercial parcel was almost completely clear cut by 2008 during the time the adjacent section of Longleaf Pine Parkway was being constructed. The property was then allowed to naturally revegetate until the present time.
PROPOSED WORK: The applicant seeks authorization to place 2,613-cubic-yards of clean fill into 0.79 acres of wetlands for the construction of a vehicle service station that would include fueling stations, a convenience store, and a car wash. An Approved Jurisdictional Determination has not been verified by this project. Therefore, the Corps has not determined the jurisdictional status of the aquatic resources at this site.
On August 13, 2019 the Corps issued permit No. SAJ-2018-03124 for the Grand Creek development which authorized the discharge clean fill material in 1.00 acre of waters of the United States (wetlands) and 3.76 acres of surface waters to establish a mixed-use (commercial/residential) development and set aside 30.19 acres of wetland avoidance areas. The wetlands were set aside to comply with avoidance and minimization requirements for the 2019 permit for the purpose of preventing wetland disturbance by any activities that would degrade the ecological integrity of the site including dredging, filling, land clearing, or other construction work whatsoever except as required or authorized by this permit. The Corps reserves the right to deny review of any requests for impacts to the avoided wetland areas.
The current proposal is located on the SE corner of the Grand Creek development. This area was authorized for discharge of fill into 0.08 acres of wetlands under the 2019 permit. However, the work was not completed prior to permit expiration. The current proposal includes re-authorization for discharge of 258 cubic yards of fill material into 0.08 acres of wetlands in addition to the discharge of 2,355 cubic yards of fill material in 0.65 acres of wetlands avoided areas.
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 applicant had originally considered three other designs for the proposed project which would have required even more wetland impact.
Plan 1: One plan entailed constructing a retail store with adjacent parking and a driveway wrapping around the northeast side of the Daily’s convenience store along with adjacent parking. The area between CR 210 West and the eastern access drive would all be impacted. This version of the site plan would have entailed a total of 1.23 acres of wetland impact.
Plan 2: A second plan dropped the retail store and adjacent parking but included a driveway wrapping around the northeast side of the Daily’s convenience store along with adjacent parking. The area between CR 210 West and the eastern access drive would all be impacted. This version of the site plan would have entailed a total of 1.09 acres of wetland impact.
Plan 3: A third plan dropped the retail store and adjacent parking as well as the driveway around the entire Daily’s convenience store. The area between CR 210 West and the eastern access drive would all be impacted. This version of the site plan would have entailed a total of 0.98 acre of wetland impact.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The proposed wetland impacts have been assessed pursuant to the Uniform Mitigation Assessment Methodology (UMAM). Mitigation for the proposed new wetland impacts will be provided by purchasing UMAM credits from a mitigation bank that serves the same drainage basin as 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 (Drymarchon couperi) based on programmatic key. Therefore, 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 coordinate with the applicant to determine whether the work would be completed prior to any federal listing, if the applicant would like the corps to initiate Section 7 consultation with the United States Fish and Wildlife Service (USFWS) pursuant to the Endangered Species Act (ESA), or if the applicant would initiate Section 10 consultation with the USFWS pursuant to the ESA.
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), 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. The proposal is located upstream of any EFH. 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 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 Utah Permits Section, 533 West 2600 South, Bountiful, Utah 84010 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, Nicole D. Fresard, in writing at the Utah Permits Section, 533 West 2900 South, Bountiful, Utah 84010; by electronic mail at Nicole.D.Fresard@usace.army.mil or, by telephone at (801) 295-8380 Extension 8321.
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 is 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.