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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Terri.M.Mashour@usace.army.mil.
APPLICANT: St. Johns County
Attention: Duane Kent
500 San Sebastian View
St. Augustine, Florida 32084
WATERWAY AND LOCATION: The project would affect waters of the United States associated with Orange Grove Branch, which flows into the St. Johns River. The project site is located south of the intersection of Greenbriar Road and Rubicon Drive, Section 39, Township 5 South, Range 27 East, St. Johns, St. Johns County, Florida.
Directions to the site are as follows: From downtown Jacksonville, travel south on Interstate (I) 95 and exit west onto County Road 210. Just west of Longleaf Pine Parkway, take a left at the intersection of Greenbriar Road and Rubicon Road, opposite of Mill Creek Reserve subdivision, to reach the property.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.050849°
Longitude -81.621865°
PROJECT PURPOSE:
Basic: The basic project purpose is public recreation.
Overall: The overall project purpose is to construct a public regional park and associated infrastructure in Northwest, St. Johns County, Florida.
EXISTING CONDITIONS: The wetland system consists of a palustrine forested wetlands. The project site is 22.54 acres in size. The existing and surrounding parcel consists of undeveloped planted pine mesic flatwoods. Further west, a high density residential development is under construction. North of the site is Greenbriar Road and the additional high density residential development of Mill Creek Reserve. Further east is Longleaf Pine Parkway with additional high density residential development. The onsite vegetation consists of the following:
a. Land use/land cover types were identified within the project area as depicted on Exhibit 3. These communities were classified using the Florida Department of Transportation (FDOT) Florida Land Use, Cover and Forms Classification System (FLUCFCS, 1999). The on-site wetlands were flagged pursuant to the 1987 U.S. Army Corps of Engineers (USACE) Wetland Delineation Manual.
i. Coniferous Plantation (FLUCFCS 441; 18.99 acres±) – Uplands within the site have been managed for pine production through standard silvicultural practices. The canopy of this land use type is dominated by planted slash pine (Pinus elliottii). Subcanopy species are sparse throughout this area. Groundcover vegetation primarily consists of saw palmetto (Sereno repens), wax myrtle (Morella cerifera), broomsedge (Andropogon virginicus), bitter gallberry (Ilex glabra), bracken fern (Pteridium aquilinum), and Virginia
chainfern (Woodwardia virginica).
ii. Hydric Coniferous Plantation (FLUCFCS 441H; 2.37 acres±) – Portions of on-site wetlands have been planted and managed for silvicultural purposes with the adjacent upland communities. These areas are dominated by a planted slash pine canopy with sparsely naturally recruited subcanopy species including bald cypress (Taxodium distichum), myrtle leaf holly (Ilex myrtifolia), and loblolly bay (Gordonia lasianthus). Groundcover species include saw palmetto, Virginia chainfern, bitter gallberry, cinnamon fern (Osmunda cinnamomea), fetterbush (Lyonia lucida), highbush blueberry (Vaccinium corymbosum), and royal fern (Osmunda regalis).
iii. Wetland Forested Mixed (FLUCFCS 630; 0.03 acres±) – Portions of a contiguous forested wetland system are located in the southern portion of the site. This wetland is associated with the Orange Grove Branch creek system to the south. Review of aerial imagery indicates that portions of this system were harvested for timber in the early 2000s. Vegetation within this wetland include a canopy of bald cypress with inclusions of loblolly bay and tupelo (Nyssa biflora). Subcanopy species within this community
include young canopy species, swamp bay (Persea palustris), and myrtle leaf holly. Groundcover includes Virginia chainfern, royal fern, cinnamon fern, fetterbush, and a variety of hydrophytic rushes and sedges.
iv. Roads and Highways (FLUCFCS 814; 1.15 acres±) – Two man-made silvicultural roads run perpendicular to one another in the northern portion of the property.
PROPOSED WORK: The applicant seeks authorization to place approximately 15,338-cubic-yards of fill into 2.40 acres of aquatic resources (palustrine forested wetlands) for construction of a recreational park and associated infrastructure. All wetlands within the 22.54-acre project site boundary would be filled.
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 was designed in a manner to avoid wetland impacts to the greatest extent practicable, impacts are currently proposed to 2.40 acres of wetlands due to engineering requirements. Proposed wetland impacts are for the construction of a stormwater management facility, an outfall structure with dissipation, and the entry road to the site. The proposed impacts associated with the stormwater management system are based on pond sizing requirements and necessary discharge elevations. ERS
has worked with CHW to reduce these impacts to the currently proposed limits, please see the updated impact map.
The applicant was able to reduce the footprint of the pond outfall from 0.06 acre in the higher quality wetland to 0.03 acre in the currently proposed plan. The corridor for the entry road is governed by an agreement with the adjacent property owner granting the entry easement. The proposed impacts for the access roadway are to wetlands classified as hydric coniferous plantation, these wetlands have previously been impacted through the planting and harvesting of slash pine. In addition, the expansion
of wetland impacts in this area are for the County required addition of a sidewalk and ROW size to include utilities. Therefore, the project avoids impacts to higher quality wetlands, such as the off-site wetlands adjacent to Orange Grove Branch. All wetlands to remain within the applicant owned parcel were removed from the project boundary as their impacts were not required to fulfil recreational needs in northwest St. Johns County.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The applicant proposes compensatory mitigation through the allocation of mitigation from a St. Johns County sponsored and USACE permitted Advanced Permittee Responsible Mitigation Area (APROMA). Upon finalization of the provided mitigation plan, a letter of reservation will be provided.”
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 based on the 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 Wood Stork based on the 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), which is a species that is a candidate for federal listing. In the event that the trees on site cannot be cleared prior to species listing, the Corps will request U.S. Fish and Wildlife Service (USFWS) concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
The Corps has determined the proposal would have no effect on the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Red-cockaded woodpecker (Picoides borealis), Whooping Crane (Grus americana), or any other listed threatened or endangered species or designated critical habitat.
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 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 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 Jacksonville Permits Section, address located at the letterhead above 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.
QUESTIONS concerning this application should be directed to the project manager, Terri M. Mashour, in writing at the Jacksonville Permits Section, address at the letterhead above; by electronic mail at Terri.M.Mashour@usace.army.mil; or, by telephone at (904) 251-9179.
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.
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