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:
1784 Capital Holdings, LLC
Attn: Kelly McKone
877 N. Gainey Center Dr. #191
Scottsdale, Arizona 85258
WATERWAY AND LOCATION: The project would affect waters of the United States (including wetlands) associated with the Daytona-St. Augustine Hydrologic Basin (HUC # 03080201. The property is specifically located north of the Palm Coast Elks Lodge, east of Interstate 95, south of the First A.M.E. Church of Palm Coast, and west of Old Kings Road North, Section 12, Township 11 South, Range 30 East in Flagler County.
Directions to the site are as follows: From Jacksonville take I-95 South to exit 293 Matanzas Woods Parkway, turn east on Matanzas Woods Parkway. Turn south on Old Kings Road North, site is directly south of the First A.M.E. Church of Palm Coast.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.568192°
Longitude -81.226678°
PROJECT PURPOSE:
Basic: Commercial development.
Overall: To construct a public storage facility along with its required infrastructure and stormwater management.
EXISTING CONDITIONS: The project area exists as mixed pine oak uplands and a hardwood swamp associated with Mulberry Branch. Description of each habitat is found below:
Pine Mesic Oak (FLUCCS 414) – Approximately 9.31 acres of forested uplands within the subject property consist of a closed canopy pine-mesic oak habitat. The dominate tree species found include longleaf pine (Pinus palustris), slash pine (Pinus elliottii), sand pine (Pinus clausa), live oak (Quercus virginiana), laurel oak (Quercus laurifolia), water oak (Quercus nigra), and loblolly bay (Gordonia lasianthus). The sub-canopy is comprised of species such as saw palmetto (Serona repens), myrtle oak (Quercus myrtifolia), gallberry (Ilex glabra), and fetterbush (Lynonia lucida), highbush blueberry (Vaccinium corymbosum), bracken fern (Pteridium aquilinum).
Wetland Mixed Forest (FLUCCS 630) – Approximately 2.57 acres of forested wetland is located through the central portion of the property and extends offsite to the north and south, and eventually connects to the north into Mulberry Branch. Vegetation within the wetland consists of red maple (Acer rubrum), slash pine, laurel oak, bald cypress (Taxodium distichum), loblolly bay, swamp tupelo (Nyssa sylvatica var. biflora) and Virginia chain fern (Woodwardia virginica).
The table below indicates the acreage for each vegetative and land use cover types classified on the project site:
|
FLUCCS CODE
|
NAME
|
% of the Project Area
|
Total Acres
|
|
414
|
Pine Mesic Oak
|
78%
|
9.31
|
|
630
|
Wetland Mixed Forest
|
22%
|
2.57
|
|
Total
|
|
100%
|
11.88 acres
|
PROPOSED WORK: The applicant seeks authorization to construct a commercial storage facility, including the filling of 1.41 acres of waters of the United States (wetlands). The facility is proposed to contain three floors and would be approximately 30,381 square feet on each floor. The project would include also include a parking area with spaces for approximately 150 vehicles.
AVOIDANCE AND MINIMIZATION INFORMATION: Due to the location, size, and geometry of Wetland 1 centrally through the property it was determined avoidance of impacts to this wetland were not possible. The wetland is located within the center of the subject property and therefore wetland impact minimization was completed by design alterations to limit impacts to 1.41 acres. Future designs on the property would potentially require the entire 2.57 acres of wetlands to complete a functional site design. The applicant has completed site design changes to reduce impacts from 2.57 acres to the proposed 1.41 acres.
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
Compensatory mitigation for the proposed 1.41 acres of wetland impacts will be accomplished through the purchase of 1.05 UMAM credits from a federally permitted wetland mitigation bank within the service area.
CULTURAL RESOURCES:
The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.
ENDANGERED SPECIES:
The Corps has determined the proposed project will have no effect to wood storks (Mycteria americana) using the Wood Stork determination key dated September 2008. No nesting rookeries are located within the subject property. The subject property is not located within a Core Foraging Area (CFA).
The Corps has determined the proposed project is not likely to adversely affect the Eastern indigo snake (Drymarchon corais couperi). Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps determination sequence resulted in A>B>C>D>E = “not likely to adversely affect”. This determination results from there being less than 25 acres of Eastern indigo snake habitat, and no known holes, cavities, active or inactive gopher tortoise burrows or underground refugia. The permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). The Corps has U.S. Fish and Wildlife Service concurrence for the proposed activities through use of the aforementioned determination keys.
The Corps reviewed the project using the Regulatory Screening Tool (RST). The RST did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. 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 other federally listed threatened or endangered species.
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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH. 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.
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.
AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification will be required through the St. Johns River Water Management District.
COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District through the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, FL 32232 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, Larry Puchalski, in writing at the Bemidji Regulatory Field Office, 4111 Technology Drive NW, Suite 295, Bemidji, Minnesota, 56601, by electronic mail at Lawrence.S.Puchalski@usace.army.mil, or by telephone at 651-290-5339.
IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat.
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 of the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
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 decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
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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