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: Coastland Group, LLC
Attention: Christopher Goodin
200 First Street, Suite 201
Neptune Beach, Florida 32266
WATERWAY AND LOCATION: The project would affect aquatic resources associated with Twelve Mile Swamp. The project site is located east of US Highway 1, south of CR 210 and north of International Golf Parkway, Sections 19 and 41, Township 5 South, Range 29 East, northeastern St. Johns County, Florida.
Directions to the site are as follows: From its intersection with Pine Island Road, drive north on US 1 approximately 0.32 mile to the property entrance.
APPROXIMATE CENTRAL COORDINATES: Latitude: 30.048722°
Longitude: -81.422658°
PROJECT PURPOSE:
Basic: The basic project purpose is to provide residential and commercial uses.
Overall: The applicant’s stated overall project purpose is to construct a mixed-use development to meet local market demand for multi-family housing and related commercial uses for residents in northeastern St. Johns County and southeastern Duval County. The Corps may refine the overall project purpose if necessary, in coordination with the applicant during evaluation of project alternatives.
EXISTING CONDITIONS: The onsite aquatic resources constitute a freshwater palustrine forested and non-forested system. The boundaries of the onsite wetlands have not yet been verified by the Corps. The applicant has identified that the following land cover types are present on the property, in accordance with the Florida Land Use, Cover and Forms Classification System (FLUCFCS):
Uplands (13.33 acres):
- Residential, Low Density (FLUCFCS 110) (2.15 acres): This land cover type encompasses areas that have a low population density and are primarily used for residential purposes. These areas typically feature single-family homes, with fewer than two dwelling units per acre. The south-central part of the subject property has been developed for single family residences and contains a number of mobile homes, outbuildings, dirt driveways, parking areas, and adjacent yards.
- Open Land (FLUCFCS 194) (6.00 acres): This land cover type consists of areas with minimal human disturbance and primarily natural vegetation. These areas often have low or no development and are characterized by their natural state. Most of the uplands in the northeastern half of the property may be described as open land. This area had been cleared and mostly filled over 20 years ago. The existing vegetation is dominated by various early successional species such as broomsedge (Andropogon sp.), Spanish needles (Bidens alba), and ragweed (Ambrosia artemisiifolia).
- Pine Flatwoods (FLUCFCS 411) (2.44 acres): Upland pine flatwoods are characterized by a relatively flat landscape, sandy soils, and a predominance of pine trees. Upland pine flatwoods are important for a variety of reasons, including biodiversity support, water filtering and purification, carbon sequestration, and providing opportunities for hiking, camping, and other outdoor activities. On the subject property, the canopy in these areas is dominated by a mixture of slash pine (Pinus elliottii) and loblolly pine (P. taeda) along with scattered hardwoods such as water oak (Quercus nigra), laurel oak (Q. laurifolia) and southern magnolia (Magnolia grandiflora). The shrub layer and ground cover vegetation is dominated by such species as saw palmetto (Serenoa repens), bitter gallberry (Ilex glabra) and bracken fern (Pteridium aquilinum).
- Hardwood-Conifer Mixed (FLUCFCS 434) (2.74 acres) This land cover type is a forest ecosystem characterized by a mix of hardwood and conifer trees. These forests are typically found in areas with higher elevations or cooler climates within Florida. Key characteristics include: a forest canopy composed of a combination of hardwood trees (such as oaks, maples, and hickories) and conifer trees (such as pines, cypress, and cedar); a diverse understory including a variety of shrubs, ferns, and herbaceous plants; and varying soil types, ranging from sandy to clay-rich, depending on the specific location. Hardwood-conifer mixed forests play a vital role in Florida's ecosystems, providing habitat for a variety of wildlife and contributing to the state's biodiversity. These forests also play a role in water quality, carbon sequestration, and soil conservation. On the subject property, some of the uplands were historically pine flatwoods but now have a canopy containing more hardwoods due to prolonged suppression of wildfires. The canopy includes such species as water oak, laurel oak, live oak (Quercus virginiana), loblolly bay (Gordonia lasianthus), southern magnolia, slash pine, and loblolly pine. The shrub layer and ground cover vegetation is similar to that of the upland pine flatwoods. A 0.26-acre portion of this area consists of a xeric hammock with dominant vegetation comprised of such species as live oak, sand live oak (Quercus geminata), coastal plain staggerbush (Lyonia fruticosa), Chapman’s oak (Quercus chapmanii), and wild olive (Osmanthus americanus).
Wetlands (7.33 acres):
- Inland Ponds and Sloughs (FLUCFCS 616) (3.24 acres): This land cover type describes inland bodies of water that are generally shallow and often connected to rivers or streams. These bodies of water can be natural or man-made and are typically characterized by their relatively small size and lack of significant tidal influence. Inland Ponds and Sloughs may provide habitat for a variety of aquatic plants and animals, including fish, amphibians, and reptiles. They also help to regulate water flow, filter pollutants, and recharge groundwater. The deeper wetlands onsite comprise forested sloughs. The canopy in these wetlands includes a variety of species such as blackgum (Nyssa sylvatica var. biflora), sweet bay (Magnolia virginiana), red maple (Acer rubrum), pond cypress (Taxodium ascendens), loblolly bay, American elm (Ulmus americana), and Carolina ash (Fraxinus caroliniana). The shrub layer and ground cover vegetation include such species as fetterbush (Lyonia lucida), buttonbush (Cephalanthus occidentalis), Virginia willow (Itea virginica), Virginia chain fern (Woodwardia virginica), royal fern (Osmunda regalis), and iris (Iris sp.). These areas regularly hold shallow standing water.
- Hydric Pine Flatwoods (FLUCFCS 625) (3.85 acres): Hydric pine flatwoods are similar to upland pine flatwoods but are located in areas with wetter soils and more frequent flooding. The soils in hydric pine flatwoods are typically saturated or flooded for a significant portion of the year, leading to more anaerobic conditions. The tree species found in hydric pine flatwoods are often adapted to wet conditions. These areas often have more prominent aquatic vegetation, such as water lilies and cattails. Hydric pine flatwoods provide important habitat for a variety of wildlife, including waterfowl, reptiles, and amphibians, and serve as important wetlands that provide water filtration, flood control, carbon sequestration and soil conservation functions. Most of the wetlands onsite are considered hydric pine flatwoods. The canopy is dominated by slash pine and pond pine (Pinus serotina) mixed with lesser amounts of loblolly bay and dahoon holly (Ilex cassine). The shrub layer and ground cover vegetation include such species as cinnamon fern (Osmunda cinnamomea), Virginia chain fern and fetterbush. These areas are saturated to the ground surface during the rainy season and may also hold water for extended periods.
- Wet Field (FLUCFCS 640) (0.15 acre): This land cover type describes areas that are saturated with water for most of the year. The vegetation in these areas is adapted to living in wet conditions, and often includes grasses, sedges, and aquatic plants. Wet fields often have standing water or shallow pools, especially during the wet season. The soils in wet fields may be low in nutrients due to the waterlogged conditions.These areas may provide habitat for a variety of aquatic and semi-aquatic species. They also help to regulate water flow and maintain water quality. The east central portion of the property contains a wet grassy area vegetated with such species as torpedo grass (Panicum repens), spike rush (Eleocharis sp.), dollar weed (Hydrocotyle sp.), and Asian coinwort (Centella asiatica). This area is saturated to the ground surface during the rainy season.
- Ditch (FLUCFCS 510) (0.09 acre): This land cover type describes man-made channels or trenches created to drain water. Ditches are often used for agricultural purposes, flood control, or to improve drainage in areas with poor soil conditions. The southeast corner of the property contains a section of man-made ditch that is vegetated with such species as coastal plain willow (Salix caroliniana) and swamp primrose (Ludwidgia spp.).
The Corps has identified the following land cover types adjacent to the project area: Roads and highways; pine flatwoods; mixed wetland hardwoods; coniferous plantations; crop- and pastureland; and low-density residential. The project area is bounded roughly by US 1 to the west, Old Dixie Highway to the east, mixed hardwood wetlands and coniferous plantations to the north, and low-density residential development to the south.
PROPOSED WORK: The applicant seeks authorization to discharge approximately 7,260 cubic yards of clean fill into approximately 2.25 acres of aquatic resources comprised of 2.11 acres of forested wetlands, 0.05 acre of forested wetland/excavated pond, and 0.09 acre of man-made ditch, for the construction of a multi-family residential development and associated facilities, a commercial development, parking facilities, a recreational park, and two stormwater detention basins.
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’s initial project design proposed 240 multi-family units and 24,500 square feet of commercial buildings, which would have resulted in the loss of 6.30 acres of aquatic resources. The project design was refined two more times before settling on the current proposal. The site plan revisions have substantially minimized impacts, particularly to the higher quality, contiguous wetlands. The total number of multi-family units has been decreased by 38, to 202 units, and the amount of commercial development has been decreased by nearly half to 12,600 square feet. The applicant has indicated that due to the cost of land and cost incurred with construction, further reductions in either multi-family units or square footage of commercial space would put the project in jeopardy of being financially unfeasible.
During the review process the Corps will review alternatives to the proposed action and determine whether all appropriate and practicable measures have been proposed to avoid and minimize adverse effects to the aquatic environment.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
To compensate for unavoidable direct impacts to aquatic resources, the applicant has proposed to purchase a sufficient number of palustrine forested credits from Fish Tail Swamp Mitigation Bank, as determined by application of the Uniform Mitigation Assessment Methodology (UMAM).
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:
Based on lack of suitable habitat, the Corps has determined the proposed project would have no effect on the Eastern black rail (Laterallus jamaicensis ssp. jamaicensis), Florida scrub-jay (Aphelocoma coerulescens), green sea turtle (Chelonia mydas), hawksbill sea turtle (Eretmochelys imbricata), leatherback sea turtle (Dermochelys coriacea), or their critical habitat. No further consultation on these species is necessary.
The Corps has determined the proposed project may affect but is unlikely to adversely affect the wood stork (Mycteria americana), based on programmatic key. Therefore, no additional consultation is required. The project lies within the 13-mile Core Foraging Area (CFA) buffer of the Dee Dot Ranch wood stork nesting colony and contains potentially suitable foraging habitat (SFH).
The Corps has determined the proposed project may affect but is unlikely to adversely affect the eastern indigo snake (Drymarchon couperi) due to project site proximity to known snake occurrences and onsite habitat considerations. The subject property is not within a USFWS-specified buffer zone of any known snake occurrence, contains poor habitat for the snake and has no gopher tortoise (Gopherus polyphemus) burrows with which the snake is associated.
The Corps has determined the proposed project may affect but is not likely to adversely affect the tricolored bat (Perimyotis subflavus). This species is not currently listed but is proposed federally endangered. The Corps will work with the applicant to determine whether the project would be complete prior to any listing, whether the applicant would conduct consultation with the U.S. Fish and Wildlife Service to request concurrence with this determination pursuant to Section 10 of the Endangered Species Act, or whether they would like 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.
The applicant has indicated that no federally threatened or endangered species have been observed on site.
ESSENTIAL FISH HABITAT (EFH): Our initial determination is that the proposed action would not have an 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 Sacramento District Regulatory Division, 1325 J Street, Room 860, Sacramento, California 95814-2922, 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, Zachary J. Fancher, in writing at the Sacramento District Regulatory Division, 1325 J Street, Room 860, Sacramento, California 95814-2922; by electronic mail at Zachary.J.Fancher@usace.army.mil; or, by telephone at (916) 537-6924.
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.
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.