SAJ-2024-03634 (SP-RLG)

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/or Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403). The purpose of this public notice is to solicit comments from the public regarding the work 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 Rachel.Gralnek@usace.army.mil.

APPLICANT: Carmelo Morales

                          City of Palm Coast

                          160 Lake Avenue

             Palm Coast, FL 32164

AGENT:          William Hart

                          DRMP Inc.

                          941 Lake Baldwin Lane

                          Orlando, FL 32814

WATERWAY AND LOCATION:  The project would affect waters of the United States Listed as Wetland-1N, Wetland-2N, WR.  The project/review area is located on the along Colbert Lane and Blare Drive in 16, 42, and 48 Sections, 11 S Township, 31 E Range; at Latitude -81.186395 and Longitude 29.55319; in Palm Coast, Flagler County, Florida.

EXISTING CONDITIONS: The project is located along sections of Colbert Lane and Blare Drive that are active roadways and transportation easements. The existing area surrounding the project area consists of primarily residential properties or neighborhoods and schools.

The wetland system consists of a primarily hardwood forested wetland dominated by bald cypress (Taxodium distichum) and sweetgum (Liquidambar styraciflua). The onsite vegetation consists of a mixture of species such as sweet bay (Laurus nobilis), red maple (Acer rubrum), red cedar (Juniperus virginiana),

cabbage palm (Sabal palmetto), water oak (Quercus nigra), wax myrtle (Myrica cerifera), royal fern (Osmunda regalis), cinnamon fern (Osmundastrum cinnamomeum), dogfennel (Eupatorium capillifolium), Brazilian pepper (Schinus terebinthifolia), American holly (Ilex opaca), and common greenbrier (Smilax rotundifolia).

PROJECT PURPOSE:

Basic:  The basic project purpose is roadway improvements.

Overall:  The City of Palm Coast intends to improve surface water conveyance across Blare Drive and Colbert Lane at three crossings in order to provide an increased level of flood protection for upstream residential areas. The project will consist of replacing the existing culvert structures at three separate locations, two locations on Colbert Lane and one location on Blare Drive.

PROPOSED WORK:  The City of Palm Coast requests authorization to improve surface water conveyance across Blare Drive and Colbert Lane at three crossings in order to provide an increased level of flood protection for upstream residential areas. The project will consist of replacing the existing culvert structures at three separate locations, two locations on Colbert Lane and one location on Blare Drive. The improvements at the western most location on Colbert Lane (Colbert West) will consist of replacing the existing four 72’’ Reinforced Concrete Pipes (RCP) with four 7x12 Concrete Box Culverts (CBC). The improvements at the eastern most location on Colbert Lane (Colbert East) will consist of replacing the existing three 72’’ RCP’s with two 7’x8’ CBC’s. The improvements located on Blare Drive will consist of adding three more 36” RCP to the existing three 36’ RCP for a total of six 36’’ RCP. Additionally, a phased Maintenance of Traffic (MOT) plan will be provided for the two work zones along Colbert Lane that will involve the construction of a temporary embankment and roadway for the diversion of lanes around the work zones. Blare Drive will be closed for the duration of the construction on that street.

AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:

“The proposed project has been designed to minimize impacts to the greatest extent practicable. Impacts due to the placement of fill and riprap at the culvert locations will not negatively affect the aquatic ecosystem. The proposed activities are anticipated to improve water quality by alleviating flooding problems. The proposed mitigation to offset unavoidable impacts will be located within the same drainage basin.”

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

“The proposed project will incur approximately 1.73-acres of jurisdictional wetland impacts that will require mitigation. Overall, mitigation has been accomplished through the prior purchase of credits from a federally approved wetland mitigation bank that services the project area. Approximately 0.77 credits have been purchased from Brick Road 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, federally recognized tribes and other interested parties.

ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC), and the NMFS Critical Habitat Mapper to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.

Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.

This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.

ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the project area. The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.

NAVIGATION: The proposed structure or 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 of 1899 (33 USC 408) because the activity, in whole or in part,   would not alter, occupy, or use a Corps Civil Works project.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the St. Johns River Water Management District.

COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence may be required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.

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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

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, aesthetics, 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. A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 28, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Rachel Gralnek at Rachel.Gralnek@usace.army.mil. Alternatively, you may submit comments in writing to : Attention: Rachel Gralnek, 332 Minnesota Street, Suite E1500, St. Paul, Minnesota 55101.  Please refer to the permit application number in your comments.

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

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