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 as described below:
APPLICANT: St. Johns County
Greg Caldwell
2750 Industry Center Road
St. Augustine, Florida 32084
WATERWAY AND LOCATION: The project area consists of approximately 28.84 acres of undeveloped land within a roadside right-of-way (ROW) and existing roadway proposed to be utilized as part of a roadway improvement project for State Road 16. The ROW is located along 1.3 miles of State Road 16 east of the intersection of State Road 16 and International Golf Parkway, in Section 38, Township 6 South, Range 28 East, St. Augustine, Florida. The project would affect aquatic resources associated with wetlands (mixed forested wetlands and vegetated non-forested wetlands) and streams and waterways associated with Mill Creek.
Directions to the site are as follows: From downtown Jacksonville, head south on I-95 and take International Golf Parkway. Then head southwest on International Golf Parkway for approximately 2.25 miles until you reach the intersection of International Golf Parkway and State Road 16.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.9626°
Longitude -81.4844°
PROJECT PURPOSE:
Basic: The basic project purpose is for roadway improvements.
Overall: The overall project purpose is to widen an existing roadway (SR16) to provide increased safety and level of service in St. Augustine, Florida.
EXISTING CONDITIONS:
Existing Conditions:
The project area consists of approximately 28.84 acres of undeveloped land within a roadside right-of-way (ROW) and existing roadway proposed to be utilized as part of a roadway improvement project for State Road 16. The ROW is located along 1.3 miles of State Road 16 east of the intersection of State Road 16 and International Golf Parkway, in St. Augustine, Florida. The project would affect aquatic resources associated with wetlands (mixed forested wetlands and vegetated non-forested wetlands) and streams and waterways associated with Mill Creek.
Project History (previous permits): There is no previous permitting history for this project location with the Corps.
State Permit History: An application was submitted to the St. Johns River Water Management District (SJRWMD) and is currently being reviewed under SJRWMD permit no. 160248-3.
Elevations and Hydrology: A review of the United States Geological Survey (USGS) topographical maps for this parcel (Bakersville, FL Quadrangle), and elevation data from St. Johns County and Google Earther indicate the roadway corridor undulates between 21 and 25 feet AMSL with higher elevations towards the eastern portion of the project area. On-site hydrology likely flows towards the west, and eventually connects to Mill Creek west of the project site. Roadside swales and ditches immediately adjacent to (and within) wetland areas help capture and direct a westerly flow.
Soils: According to the Natural Resources Conservation Service (NRCS) Soil Survey for St. Johns mapped soil unites on the site include the following:
58 EauGallie Fine Sand. Poorly drained, nearly level soil on low knolls and ridges, adjacent to depressions and drainage ways in the flatwoods. The water table is within 10 inches of the surface for a period of one to four months and within 40 inches for more than six months. Typically, the surface layer is black fine sand, about six inches thick that cotains many uncoated sand grains. The subsurface layer, about 11 inches thick contains of gray and light gray fine sand.
62 Floridana Fine Sand, 0 to 2 percent slopes. Poorly drained, nearly level soil on low broad flats. In the soil’s natural state, the seasonal high-water table is within a depth of 10 inches for four to six months. Typically, the surface layer is black fine sand about 11 inches thick. The subsurface layer, which is about 19 inches thick, consists of light brownish gray and gray fine sand.
63 Placid Fine Sand. Poorly drained, nearly level soil on broad, low, flat areas. This soil has a seasonal high-water table within a depth of 10 inches for more than six months in most years. During extended dry periods, the water table may recede to a depth of more than 40 inches. Typically, the surface layer is black fine sand about 12 inches thick. The subsurface layer is fine sand, which extends to a depth of 51 inches. It is dark gray in the upper soil column and grayish brown, light gray, and dark grayish brown below.
65 Riviera Fine Sand. Poorly drained, nearly level soil in low, broad areas in the flatwoods. The seasonal high-water table is within 10 inches of the surface for two to four months in most years. It is below 40 inches during long dry seasons. Typically, the surface layer is black and dark grayish brown fine sand about six inches thick. The subsurface layer, to a depth of 28 inches, is grayish brown fine sand.
69 Bakersville Muck. Very poorly drained soil in depressional areas of the flatwoods. The seasonal high-water table is above the soil surface for six months or more in most years. Typically, in undisturbed areas, a layer of black much about five inches thick is on the surface. The surface layer is black and very dark greayish brown loamy fine sand, which extends to a depth of about 41 inches.
According to the Hydric soils of Florida Handbook, EauGallie Fine Sand (58), Floridana Fine Sand (62), Placid Fine Sand (63), Riviera Fine Sand (65), and Bakersville Muck (69) are categorized as hydric soils.
Vegetative Community Types: Six different community types, as defined by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) can be found within the project area. A description of each community type can be found below:
Other Pines (Mapped FLUCFCS Code – 419) ±2.43 acres. Undeveloped upland areas on-site can be classified as pine dominated with a dominant canopy of loblolly pine (Pinus taeda). The groundcover contains a mix of poison ivy (Toxicodendron radicans), greenbrier (Smilax spp.), and grapevine (Vitis rotundifolia).
Streams and Waterways (Mapped FLUCFCS Code – 510) ±0.29 acres. Two small ditches are located on the eastern and western extents of the work area running parallel to State Road 16 within the right-of-way. These ditches act as a connection to downstream and potential upstream waters.
Mixed Forested Wetlands (Mapped FLUCFCS Code – 630) – ±6.08 acres. The majority of the wetlands within the work area, along with the offsite outfall area can be classified as Mixed Forested Wetlands where the canopy is neither dominated by hardwoods or pines. The canopy consists of loblolly pine, sweetgum (Liquidambar styraciflua), red maple (Acer rubrum), and Chinese tallow (Triadica sebifera). Similar to the uplands, the groundcover contains poison ivy, greenbrier, and grapevine. The mixed forested wetlands adjacent to State Road 16 are remnant wetlands between the roadway and existing development averaging only ±80’ in width and within the roadway right-of-way..
Vegetated Non-Forested Wetlands (Mapped FLUCFCS Code – 640) – ±1.93 acres. The western portion of the work area contains previously disturbed roadside wetlands with limited to no canopy species present. A sparse and limited canopy consists of loblolly pine and Chinese tallow. The groundcover is mostly lizard’s tail (Saururus cernuus), soft rush (Juncus effusus), maidencane (Panicum hemitomon), greenbrier, and grapevine, yellow-eyed grass (Xyris spp.), and common duckweed (Lemna minor). The vegetated non-forested wetlands are remnant wetland communities between State Road 16 and existing development averaging only ±80’ in width and within the roadway right-of-way.
Disturbed Land (Mapped FLUCFCS Code – 740) – ±3.53 acres. The non-hydric areas within the western portions State Road 16 right-of-way can be classified as disturbed lands. These areas appear to be disturbed and potentially subjected to historic fill. The main canopy species consists of loblolly pine and Chinese tallow. Various grass species make up the groundcover, some of which appear to be periodically mowed and maintained.
Roads and Highways (Mapped FLUCFCS Code – 814) – ±14.58 acres. The remaining portions of the work area contain the current footprint of State Road 16.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill into 8.40 acres (120,000 cubic yards) of wetlands to perform roadway improvements to a section of SR 16 in order to provide greater safety for travelers to improve the level of service as defined by the Florida Department of Transportation. These impacts include fill impacts to approximately 0.35 acres of ditches. In addition, approximately 0.04 acres of the discharge are proposed for an associated outfall structure that is located outside of the roadway work area and located within the floodplain wetlands associated with Mill Creek. The outfall structure impacts are proposed as stormwater treatment to increase the treatment and attenuation of the roadway.
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:
During the design phase, several design elements and considerations were utilized to avoid and minimize wetland impacts to the greatest extent practical in the currently proposed project design. The proposed improvements need to occur within the existing right-of-way (ROW), and as such, are extremely limited. Shifting improvements to the southern portion of the ROW is not feasible as there is insufficient space available to add the necessary improvements due to the location of the current roadway in relation to the ROW. Therefore, improvements must occur on the north side of the ROW, where wetland presence is dominant. The wetlands proposed for impact can be characterized as lower in quality due to historic alteration including ditching.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant is proposing to purchase mitigation bank credits from a federally approved wetland mitigation bank that services the project area.
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 Regulatory Screening Tool (RST), using the Regulatory Viewer, for the ESA action area, which included an approximate 0.1-mile buffer. The RST Report did not indicate that the site is contains habitat critical to any federally listed threatened or endangered species. The RST Report indicated that the following federally listed species have the potential to be affected by the proposed project: Wood Stork (Mycteria americana).
Additionally, the RST also indicated that the USFWS Information for Planning and Consultation (IPAC) species list for the St. Johns County Range that have habitat and could be located within the project site include: Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Eastern indigo snake (Drymarchon corais couperi), green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Tri-colored bat (Perimyotis subflavus), Whooping Crane (Grus americana), and Wood Stork (Mycteria americana).
NO EFFECT:
Whooping Crane (Grus americana): This project site is located within wetland habitat which could be utilized by the species for foraging and breeding. This species breeds, migrates, winters, and forages in a variety of wetland and other habitats, including coastal marshes and estuaries, inland marshes, lakes, ponds, wet meadows and rivers, and agricultural fields. For feeding, whooping cranes primarily use shallow, seasonally, and semi permanently flooded palustrine wetlands for roosting, and various cropland and emergent wetlands. Whooping cranes are omnivorous, probing the soil subsurface with their bills and taking foods from the soil surface or vegetation. While the habitat features in the proposed project area have the potential to be utilized by this species, there is a low likelihood of them being impacted by the proposed project due to their small range and estimated population size of this species in Florida. Therefore, the Corps determined the proposed work would have no impact on this species.
On 1 September 2024, the Corps executed an RST report. The RST indicated that the IPAC species that are found within St. Johns County could include the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), and the Leatherback sea turtle (Dermochelys coriacea). 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 RST 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.
MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT:
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-D-E-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.
Tricolored bat (Perimyotis subflavus): The species is listed as an IPAC species in the St. Johns County range, per U.S. Fish and Wildlife Service (USFWS), and there is tricolored bat habitat on the project site. Therefore, the Corps evaluated potential effects to this species. The tricolored bat is one of the smallest bats native to North America. The once common species is wide ranging across the eastern and central United States and portions of southern Canada, Mexico and Central America. During the winter, tricolored bats are found in caves and mines, although in the southern United States, where caves are sparse, tricolored bats are often found roosting in road-associated culverts. During the spring, summer and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves. During the spring, summer and fall - collectively referred to as the non-hibernating seasons - tricolored bats primarily roost among live and dead leaf clusters of live or recently dead deciduous hardwood trees. In the southern and northern portions of the range, tricolored bats will also roost in Spanish moss (Tillandsia usneoides) and Usnea trichodea lichen, respectively. In addition, tricolored bats have been observed roosting during summer among pine needles, eastern red cedar (Juniperus virginiana), within artificial roosts like barns, beneath porch roofs, bridges, concrete bunkers, and rarely within caves. Female tricolored bats exhibit high site fidelity, returning year after year to the same summer roosting locations. Female tricolored bats form maternity colonies and switch roost trees regularly. Males roost singly. During the winter, tricolored bats hibernate - which means that they reduce their metabolic rates, body temperatures and heart rate - in caves and mines; although, in the southern United States, where caves are sparse, tricolored bats often hibernate in road-associated culverts, as well as sometimes in tree cavities and abandoned water wells. Tricolored bats exhibit high site fidelity with many individuals returning year after year to the same hibernaculum. The project site hosts habitat conducive to host tricolored bats. According to the applicant’s environmental consultant, there is a marginal habitat for this species within the forested portions of the project corridor, but no evidence of the species has been noted on-site. Should the species be formally listed prior to site clearing, the project will comply with any newly established regulations to ensure no adverse effect on this species. Therefore, the Corps has determined the proposed work may affect, but would not be likely to adversely affect the tricolored bat. Because there is no programmatic agreement or Standard Local Operating Procedures for Endangered Species (SLOPES), a may affect, not likely to adversely affect determination by the Corps could require a conference opinion coordination with the USFWS. However, the species is not listed at this time. The applicant’s environmental consultant stated that work would begin immediately following any permit authorization from the Corps and the state. Therefore, the work could begin prior to the species being officially designated as listed and the Corps has determined that the permittee would stop work and request the Corps to re-evaluate the effects of the permitted action for the species being designated. Any authorization would be conditioned to include language that requires Section 7 consultation with the USFWS in the event that the work is not completed prior to designation.
Wood Stork (Mycteria americana): The project site is approximately 12.9 miles from the St. Augustine Alligator Farm Wood Stork Colony; and, within the Core Foraging Area of this colony, therefore, the Corps evaluated potential effects to this species. 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-D-E-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.
ESSENTIAL FISH HABITAT (EFH): The proposed project is located in freshwater wetlands, which are inland and upstream of tidal waters and 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. Our initial determination is that the proposed action would not impact EFH or Federally managed fisheries in Mill Creek. 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 15 days from the date of this notice. The commenting timeframe of the Public Notice comments has been reduced to ensure timely processing of the authorization due to the project is tied to Florida Department of Transportation DOT grant funding.
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 SJRWMD. The project is being reviewed under SJRWMD application no. 160248-3.
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.