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: Chris Shee
HDG Cypress Point, LLC
200 Business Park Cir, Ste 105
St Augustine, Florida 32095
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Moses Creek. The project site is located at the dead-end road of Cypress Point Drive in Section 4, T9S-R30E, in the City of St. Augustine, St. Johns County, Florida.
Directions to the site are as follows: Located at the dead end of Cypress Point Drive approximately 0.65-mile south of the intersection of State Road 206 E and Cypress Point Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.744623°
Longitude -81.281488°
PROJECT PURPOSE:
Basic: The basic project purpose is housing.
Overall: The overall project purpose is to provide housing in southern St. Johns County, Florida and meet local demands for housing by expanding an existing residential community and constructing single-family residential housing.
EXISTING CONDITIONS: The project site is approximately 87.27 acres in size and is currently undeveloped. The property was found to contain 30.8 acres of wetlands. 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-Mesic Oak (FLCCS 1124) – This vegetative community consisted primarily of slash pine (Pinus elliottii), loblolly bay (Gordonia lasianthus), sweetgum (Liquidambar styrafilua), gallberry (Ilex glabra), wax myrtle (Morella cerifera), saw palmetto (Serenoa repens), and cinnamon fern (Osmundastum cinnamomeum).
Xeric Hammock (FLCCS 1150) – This vegetative community consisted primarily of sand pine (Pinus clausa), sand live oak (Quercus geminata), dwarf live oak (Quercus minima), saw palmetto, scrub palmetto (Sabal etonia), gallberry, sparkleberry (Vaccinium arboreum), common persimmon (Diospyros virginiana), bracken fern (Pteridium aquilinum), rusty staggerbush (Lyonia ferruginea), beaksedge (Rhynchospora megalocarpa), and wiregrass (Aristida stricta).
Mesic Flatwoods (FLCCS 1311) – This vegetative community consisted primarily of slash pine, gallberry, wiregrass, shiny blueberry (Vaccinium myrsinites), and broomsedges (Andropogon spp.).
Other Open Lands – Rural (FLCCS 183315) – This vegetative community consisted primarily of open land with bahia grass (Paspalum notatum), dog fennel (Eupatorium capillifolium), and beaksedges (Rhynchospora spp.).
Coniferous Plantation (FLCSS 183332) – This vegetative community consisted primarily of planted slash pine, saw palmetto, gallberry, cinnamon fern, and muscadine (Vitis rotundifolia).
Wetlands
Freshwater Non-Forested Wetlands (FLCCS 2100) – This vegetative community consisted primarily of Virginia chain fern (Woodwardia virginica), redroot (Lacnanthes caroliniana), blue maidencane (Amphicarpum muhlenbergianum), sand cordgrass (Spartina bakeri), sphagnum moss (Sphagnum spp.), lemon bacopa (Bacopa caroliniana), with minimal American olive (Cartrema americanum), highbush blueberry (Vaccinium corymbosum), and swamp bay (Persea palustris) in the center.
Wet Flatwoods (FLCCS 2221) – This vegetative community consisted primarily of slash pine, loblolly bay, swamp bay, eastern red cedar (Juniperus virginiana), dahoon holly (Ilex cassine), red maple (Acer rubrum), wax myrtle, cabbage palm (Sabal palmetto), fakahatchee grass, saw grass (Cladium jamaicense), duck potato (Sagittaria latifolia), redroot, swamp milkweed (Asclepias incarnata), cowbane (Oxypolis rigidior), rosy camphorweed (Pluchea rosa), lizard’s tail (Saururus cernuus), lemon bacopa, bog button (Lachnocaulon anceps), blue skyflower (Hydrolea corymbosa), and beaksedges.
Slash Pine Swamp Forest (FLCCS 2224) – This vegetative community consisted primarily of slash pine, loblolly bay, bald cypress (Taxodium distichum), cinnamon fern, fetterbush (Lyonia lucida), and highbush blueberry.
Cypress/Hardwood Swamps (FLCCS 2241) – This vegetative community consisted primarily of bald cypress, black gum (Nyssa sylvatica), red maple, button bush, wax myrtle, possumhaw viburnum (Viburnum nudum), sawgrass (Cladium jamaicense), and lizard’s tail.
The existing area surrounding the project area consists of a residential development to the north and undeveloped lands, within the Matanzas State Forest, east, south, and west of the project area.
PROPOSED WORK: The applicant seeks authorization to place fill material into approximately 7.61 acres of wetland consisting of 4.25 acres of Cypress/Hardwood Swamp, 1.87 acres of Wet Flatwood, and 1.49 acres of Freshwater Non-Forested Wetlands for expansion of a single-family residential development, related infrastructure, and stormwater management.
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 project has been designed to minimize impacts to wetlands as much as practicable and still have a viable project. Upland buffers have been proposed around the high-quality wetlands and wherever feasible. The proposed site plan avoids high-quality wetlands on-site as much as practicable by impacting the lower-quality and edge wetlands.
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 a Corps approved Wetland Mitigation Bank.
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), Florida scrub-jay (Aphelocoma coerulescens), 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), rufa red knot (Calidris canutus rufa), 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 7.61 acres of wetland consisting of 4.25 acres of Cypress/Hardwood Swamp, 1.87 acres of Wet Flatwood, and 1.49 acres of Freshwater Non-Forested Wetlands inland of tidal waters and EFH utilized by 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 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 Benjamin LaCount at benjamin.j.lacount@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, Benjamin LaCount, in writing at benjamin.j.lacount@usace.army.mil; or, by telephone at (920) 718-0622.
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.