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SAJ-2024-02917 (SP-TMM)

Jacksonville District
Published Feb. 4, 2025
Expiration date: 3/6/2025

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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below.

 

If you are interested in receiving an electronic copy of the project drawings associated with this Public Notice for the proposed project described, please send an e-mail to the project manager by electronic mail at Terri.M.Mashour@usace.army.mil.

 

APPLICANT:  St. Johns County, Engineering Division

                       Attention: R. Duane Kent

                       2750 Industry Center Road

                       St. Augustine, Florida 32084

 

WATERWAY AND LOCATION:  The project would affect aquatic resources associated with Red House Branch. The project site is located along the north/south segment of Woodlawn Road between the east/west segment of Woodlawn Road and State Road 16, Section 2, Township 7 South, Range 29 East, St. Augustine, St. Johns County, Florida.

 

Directions to the site are as follows:  From downtown Jacksonville, travel south on Interstate (I) 95 and exit east onto State Road 16. Take a left on Woodlawn Road and the project site runs from State Road 16 north to Woodlawn Road.

 

APPROXIMATE CENTRAL COORDINATES:   Latitude  29.92033°

                                                                      Longitude -81.36038°

 

PROJECT PURPOSE:

 

Basic: The basic project purpose is roadway improvements.

 

Overall: The overall project purpose is roadway improvements along the north/south segment of Woodlawn Road in St. Augustine, St. Johns County, Florida.

 

EXISTING CONDITIONS:  The project site is 16.31 acres in size. The wetland system consists of a palustrine wetland system and open water. The existing area surrounding the project area consists of Woodlawn Road and its associated right-of-way (ROW).

The subject area also includes low-density residential areas, dry detention stormwater management facilities (SWMF), a segment of Red House Branch, forested wetlands, and upland hardwood-conifer mixed areas. The onsite vegetation consists of the following:

 

i. Residential, Low-Density (FLUCFCS 110) 0.75-acre: This community consists of a single-family residence. Vegetation species found within the canopy of this community include Southern live oak (Quercus virginiana) and red cedar (Juniperus virginiana). The lower strata consists of cabbage palm (Sabal palmetto), sword fern (Nephrolepsis exalta), citrus species (Citrus sp.), and Bermuda grass (Cynodon dactylon).

ii. Hardwood-Conifer Mixed (FLUCFCS 434) 1.54-acres: This community has a mixed canopy of slash pine (Pinus elliottii), red maple (Acer rubrum), and sweet gum (Liquidambar styraciflua). The lower strata includes red cedar, slash pine, saw palmetto (Serenoa repens), wax myrtle (Morella cerifera), and muscadine grapevine (Vitis rotundifolia).

iii. Vacant Land (FLUCFCS 740) 0.68-acre: This community has been disturbed by human activities and remains vacant. The canopy of this community consists of live oak, red cedar, and sweetgum. The lower strata includes St. Augustine grass (Stenotaphrum secundatum), beggartick (Bidens alba), bahia grass, and sword fern.

iv. Transportation (FLUCFCS 810) 10.95-acres: Transportation facilities are used for the movement of people and goods; therefore, they are major influences on land. Transportation highways include areas used for interchanges, limited access rights-of-way, and service facilities. The center median, pavement, and sizable buffer zone should be included within this area. The subject property contains a segment of Woodlawn Road and its associated right-of- way (ROW). The ROW contained maintained grassy areas dominated by Bahia grass (Paspalum notatum).

v. Streams and Waterways (FLUCFCS 510) 0.03-acre: This community consists of an open body of water belonging to Red House Branch.

vi. Wetland Hardwood Forest (FLUCFCS 610) 1.19-acre: This community has a mixed canopy of slash pine (Pinus elliottii), bald cypress (Taxodium distichum), blackgum (Nyssa sylvatica var. biflora), and loblolly bay (Gordonia lasianthus).  The lower strata are vegetated with dahoon holly (Ilex cassine), cabbage palm, citrus species (Citrus spp.), sword fern, greenbriar (Smilax sp.), arrowhead (Syngonium podophyllum) and Virginia chain fern (Woodwardia virginica).

 

vii. Wetland Forested Mixed (FLUCFCS 630) 0.07-acre: This community has a mixed canopy of bald cypress (Taxodium distichum), laurel oak (Quercus laurifolia), and blackgum (Nyssa sylvatica var. biflora). The lower strata are vegetated with cabbage palm, Hoja santa (Piper auritum), bamboo (Arundinaria sp.), and Virginia chain fern (Woodwardia virginica).

 

viii. Roadside Drainage Ditches (FLUCFCS 510D) 0.58-acre: This habitat type is composed of roadside drainage ditches used as water conveyance from the runoff of Woodlawn Road. Various vegetation species are found in this community, including bahia grass, water pennywort (Hydrocotyle umbellata), and frog fruit (Phyla nodiflora).

ix. Stormwater Management Facilities (FLUCFCS 742) 1.10-acres: This habitat type is composed of dry detention stormwater management facilities and appears to be regularly mowed and maintained. This community is dominated by bahia grass.

PROJECT HISTORY: On December 16, 2024, the Corps held a preapplication meeting with Florida Department of Transportation under SAJ-2005-01212 for the segment of Woodlawn north/south and also the segment of Woodlawn Road that runs east/west.

 

PROPOSED WORK:  The applicant seeks authorization to place 1,964-cubic-yards of fill into 1.24-acre of aquatic resources (palustrine forested wetlands) and 0.58-acre of roadside ditches for roadway improvements. The proposed work would include lane widening, for safety and traffic flow, stormwater pond, and pedestrian accessibility. There would be 0.23-acre of wetlands to remain.

 

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 area contains ± 1.47-acres of aquatic resources. The proposed project will require approximately ± 1.24-acres of direct wetland impacts to federally jurisdictional wetlands. The consultant believes that the applicant has avoided and minimized wetland impacts to the greatest extent possible in order to achieve the project purpose.”

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

 

“To offset the ± 1.24-acres of direct wetland impacts, the applicant proposes to use mitigation credits from the SAJ-2010-00752 Rayonier-Terra Point Advanced Permittee Responsible Mitigation Site (APRMS).” The applicant has not proposed mitigation for the non-wetland roadside ditches.

 

In relation to the SAJ-2010-00752 Rayonier-Terra Point APRMS, the Woodlawn Road improvements project was included in the advanced list of impact sites that could utilize the APRMS for compensatory mitigation credits when the Rayonier-Terra Point APRMS was originally created. The APRMS has been previously utilized for credits to compensate for the functional loss of wetlands on other St. Johns County Corps permit authorizations, including SAJ-2006-03229 Holmes Boulevard/West King Street Improvements on December 1, 2015, SAJ-2016-01834 County Road 204 Culvert Safety Improvements on July 6, 2016, both of which are on the advanced list of impact sites for Rayonier-Terra Point APRMS. The Corps conducted a site visit to the SAJ-2010-00752 Rayonier-Terra Point APRMS on January 27, 2025. A recent functional assessment has not been completed at the APRMS; however, the proposed mitigation credit used would be in kind and the Corps will coordinate with the applicant as to the appropriate functional value provided by the APRMS. The project site is located in the same watershed basin as the APRMS site, which is the Pellicer Creek and Matanzas River Basin 9. Lastly, whereas the 404(b)(1) Guidelines establish a hierarchy for consideration of compensatory mitigation options, with mitigation banks given first preference where credits are available from a bank that serves the project area, and this proposed work is located within the service area of five mitigation banks, the Corps will work with the applicant to determine if use of the APRMS is preferential for compensatory mitigation for the proposed impacts.

 

The Rayonier-Terra Point APRMS is currently under review as a proposed Prospectus to convert numerous St. John’s County APRMS into mitigation banks under an Umbrella Mitigation Banking Instrument (UMBI). The proposal, which was received in January 2025, would be evaluated under project number SAJ-2025-00205.  A public notice for the proposed UMBI is pending, upon determination of completeness.

 

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: 

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork based on 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 West Indian manatee (Trichechus manatus) based on 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 eastern indigo snake (Drymarchon couperi) based on 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), Florida scrub-jay (Aphelocoma coerulescens), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea) or any other listed threatened or endangered species or 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 0.03-acre of open water utilized by various life stages of shrimp and snapper/grouper.  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 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 was issued by the St. Johns River Water Management District on October 24, 2024, under permit number 208350-1.

 

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.

 

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