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: St. Johns County Engineering
c/o Mr. Duane Kent
2750 Industry Center Road
Saint Augustine, FL 32084
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Mill Creek. The project site is located along Greenbriar Road between Balverie Drive and Fever Hammock Drive, Section 39, Township 5 South, Range 27 East. Fruit Cove, St. Johns County, Florida.
Directions to the site are as follows: From I-95 follow FL-13 S/San Jose Boulevard. Turn left onto Roberts Road, Continue to the right toward Longleaf Pine Parkway. Turn right onto Greenbriar Road.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.0562°
Longitude -81.6185°
PROJECT PURPOSE:
Basic: The basic project purpose is to construct a stormwater system and improve and expand an existing road.
Overall: The overall project purpose is to construct a stormwater system and to improve and expand a section of Greenbriar Road and between Balverie Drive and Fever Hammock Drive in Saint Johns County, Florida.
EXISTING CONDITIONS: The 33.15-acre project area is currently utilized as an existing roadway and right of way. The proposed project area is characterized by four generalized vegetative communities per Florida Land Use, Cover, and Forms Classification System.
Uplands:
Pine Flatwoods (FLUCFCS 411) – This community has a canopy of slash pine (Pinus elliottii) with lesser amounts of live oak (Quercus virginiana), with an understory and groundcover of bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens) and bracken fern (Pteridium aquilinum).
Roads and Highways (FLUCFCS 814) – This section of the property consists of
Greenbriar road and sidewalks adjacent to the roadway.
Wetlands:
Stormwater Pond (FLUCFCS 510) – This pond was wholly constructed within
uplands and was constructed to provide stormwater attenuation and treatment
for Greenbriar Road.
Wetland Forested Mixed (FLUCFCS 630) – This community, roughly 5.03 ac, has
a mixed canopy of red maple (Acer rubrum), blackgum (Nyssa biflora), slash pine,
cabbage palm (Sabal palmetto), sweet bay magnolia (Magnolia virginiana), water oak
(Quercus nigra) and Chinese tallow (Triadica sebifera). The understory and
groundcover are vegetated with dahoon holly (Ilex cassine), blackberry (Rubus),
sawgrass (Cladium), royal fern (Osmunda regalis), Virginia chain fern (Woodwardia
virginica), beakrush (Rhynchospora spp.).
PROPOSED WORK: The applicant seeks authorization to discharge fill material in approximately 5.56 acres of wetland for the construction of a stormwater management system and expand and improve a section of Greenbriar Road. The road would be widened from 2 to 4 traffic lanes.
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 engineer considered adjacent wetlands to create safety improvements which included the minimum amount of wetland impact (least damaging practicable alternative) while achieving the project purpose. The engineer also had to consider FDOT and SJC roadway requirements.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposes to mitigate for the adverse wetland impacts by purchasing mitigation bank credits from an approved 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:
Tricolored bat (Perimyotis subflavus): The action falls within the range for the tricolored bat, which is proposed for listing as threatened or endangered or proposed critical habitat for the species. If the tricolored bat is federally listed as threatened or endangered per the Endangered Species Act and the authorized work has not been completed, the Permittee is required to stop work and ask the Corps to re-evaluate the effects of the permitted action on the tri colored bat, and if needed, complete Section 7 consultation with the United States Fish and Wildlife Service to address potential impacts to the tricolored bat.
Eastern indigo snake (Drymarchon corais couperi): The proposed work would occur in uplands; 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.
The Corps has determined the proposal would have no effect on the Whooping Crane (Grus americana), Eastern Black Rail (Laterallus jamaicensis ssp. Jamaicensis), Green Sea Turtle (Chelonia mydas) Hawksbill Sea Turtle (Eretmochelys imbricata), Leatherback Sea Turtle (Dermochelys coriacea), and Loggerhead Sea Turtle (Caretta caretta).
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 project work is located in wetlands, which are inland and upstream of tidal waters and 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 Sacramento District, Utah Permits Section at 533 West 2600 South, Suite 150, Bountiful, Utah 84128; by electronic mail at Nicole.D.Fresard@usace.army.mil within 30 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.
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 Fresard, in writing at the Sacramento District, Utah Permits Section, address at 533 West 2600 South, Suite 150, Bountiful, Utah 84128; 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 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.