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 Holly.M.Millsap@usace.army.mil.
APPLICANT: Rise Ventures, LLC.
c/o Sam Berry, Director of Development, Rise Ventures LLC.
832 Georgia Avenue, Suite 300
Chattanooga, TN 37402
WATERWAY AND LOCATION: The project would affect aquatic resources associated with 4 Mile Creek/LaGrange Bayou. The project site is located at on US Highway 331, in Section 22, Township 1 South, Range 19 West, in Freeport, Walton County, Florida.
Directions to the site are as follows: From Freeport, head east on State Highway 20, then south on US Highway 331 approximately one (1) mile. The site is located on the west side of US-331 south of Riverwalk at 17192 US Highway 331.
APPROXIMATE CENTRAL COORDINATES: Latitude 30.476565°
Longitude -86.129374°
PROJECT PURPOSE:
Basic: Commercial Development
Overall: Construct a large commercial development (grocery store and fuel station) to accommodate the growing retail needs in Freeport, Walton County, FL.
EXISTING CONDITIONS: The wetland system consists of a 107-acre freshwater forested system that connects to 4 Mile Creek/LaGrange Bayou, comprised of 67.3 acres of uplands and 40.02 acres of wetlands. “The site is largely undeveloped with the exception of several dirt roads and a small commercial nursery fronting Highway 331. There are small tributary fingers that bisect the property and drain to the west. The eastern portion of the site consists primarily of pine canopied flatwood communities that transitions into small tributaries that connect to the floodplain of Four Mile Creek to the west. Along with its eastern frontage along U.S. Highway 331, this property is bordered by developed residential and light commercial properties along its north, east, and south boundaries. The western boundary borders Fourmile Creek. Site terrain is characterized by gently sloping uplands descending gradually into small ditches and seepage streams that eventually flow west into the floodplain of Fourmile Creek. The uplands are comprised of several different community types but are primarily a mixture of pine and hardwoods. The wetlands onsite are typical wetlands associated with riverine and creek systems of 4 Mile Creek/Choctawhatchee Bay and are historically small streams, and floodplain swamps. On-site species include slash pine (Pinus elliottii), sweetbay magnolia (Magnolia virginiana), Tupelo (Nyssa spp.) Cypress (Taxodium spp.), red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), red titi (Cyrilla raceimiflora), black titi (Cliftonia monophylla), tall gallberry (Ilex coriacea), Florida anise (Illicium floridanum), netted chain fern (Woodwardia aerolata), and royal fern (Osmunda regalis), and the typical floodplain ferns/forbs/sedges.
PROPOSED WORK: The applicant seeks authorization to fill a total of 1.09 acres of wetlands for the construction of a commercial development consisting of a large grocery store, parking, stormwater, fuel station, and associated infrastructure.
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: “Avoidance and minimization have been included in the project design and wetland impacts have been reduced from previous phases. The total wetland acreage in 40.02 acres with the highest quality wetlands located to the west of the project site. Out of the 40.02 acres of wetlands, only 1.09 acres of wetlands will be impacted for the large development. The remaining 38.93 acres of wetlands will be undisturbed. In addition, upland areas to the west will also be avoided in lieu of impacting additional wetland impacts. Upland areas to the southeast will also be avoided for archeological buffers. This project has reduced impacts significantly by orienting the site plan to avoid wetlands to the greatest extent possible. Additionally, the project avoids all of the higher quality wetlands to the west and is only impacting the upper extent of the wetlands which are of lower quality. To offset for wetland impacts, the applicant will purchase credits from Nokuse Mitigation Bank.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant has proposed to purchase 1.19 palustrine forested credits from Nokuse Mitigation Bank.
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 Eastern indigo snake (Drymarchon corais couperi) as determined using the 2013 U.S. Fish and Wildlife Service (FWS) Eastern Indigo Snake Programmatic Effect Determination Key, following couplets A> B> C> D> E.
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 or Federally managed fisheries. 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 within 30 days from the date of this notice. Comments should be submitted via the Regulatory Request System public notice module at https://rrs.usace.army.mil/rrs/public-notices. Alternatively, you may submit written comments through the Pensacola Permits Section at 41 North Jefferson Street, Suite 301, Pensacola, FL, 32502.
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, Holly Millsap, in writing at the Pensacola Permits Section, 41 North Jefferson Street, Suite 301, Pensacola, FL, 32502; by electronic mail at Holly.M.Millsap@usace.army.mil; or by telephone at (850)470-9823 extension 3.
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 Florida Department of Environmental Protection (FDEP).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. 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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