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St. Johns County. BJN Investments, LLC. Pompano Beach, Florida. PROJECT PURPOSE: Basic: The basic project purpose is residential development. Overall: The overall project purpose is the establishment of a residential subdivision serving the greater area of the City of St. Augustine.

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: BJN Investments, LLC

2637 East Atlantic Boulevard, #26012

Pompano Beach, Florida 33062

WATERWAY AND LOCATION: The project would affect waters of the United States (wetlands) associated with the San Sebastian River. The project site is located north and south of Crookshank Drive between Cervantes Avenue and Ravenswood Drive, in Section 12, Township 7 South, Range 29 East, St. Augustine, St. Johns County, Florida.

APPROXIMATE CENTRAL COORDINATES: Latitude 29.906983°

Longitude -81.342682°

PROJECT PURPOSE:

Basic: The basic project purpose is residential development.

Overall: The overall project purpose is the establishment of a residential subdivision serving the greater area of the City of St. Augustine.

EXISTING CONDITIONS:

General: The topography of the site is varied and generally slopes from upland communities toward depressional wetland areas. The elevations of the property range from approximately 33 feet to 17 feet NGVD. The onsite drainage generally flows north and east. The drainage eventually flows into the San Sebastian River.

Soils: The Soil Survey of St. John County, Florida identifies four soil types within the project area.

Tavares fine sand, 0 to 5 percent slopes (map unit 06): Tavares fine sand, 0 to 5 percent slopes, is a moderately well drained, nearly level to gently sloping soil on narrow to broad low ridges and knolls. The seasonal high water table is between depths of 40 and 80 inches for six to eight months during most years, but it recedes to a depth greater than 80 inches during periods of lower rainfall. Typically, this soil has a gray fine sand surface layer about five inches thick. It is underlain by about four inches of pale brown fine sand. Below that, to a depth of 80 inches of more, it is very pale brown and white fine sand.

Immokalee fine sand (map unit 07): Immokalee fine sand is a poorly drained, nearly level soil on broad flats and low knolls in the flatwoods. The seasonal high water table is at a depth of less than 10 inches for about two months of the year. It is at a depth of 10 to 40 inches for more than eight months of the year, and it recedes to a depth of more than 40 inches during extended dry periods. Typically, the surface layer is very dark gray fine sand about eight inches thick. The subsurface layer, which is about 32 inches thick, is light gray and white sand.

Smyrna fine sand (map unit 11): Smyrna fine sand is a poorly drained, nearly level soil on broad areas in the flatwoods. The seasonal high water table is at a depth of less than 10 inches for one to four months, and it recedes to a depth of 10 to 40 inches for more than six months in most years. During the rainy seasons, the water table rises above the surface briefly. Typically, the surface layer is black fine sand about seven inches thick. The subsurface layer is gray fine sand to a depth of 14 inches.

St. Johns fine sand (map unit 13): St. Johns fine sand is a poorly drained, nearly level soil in broad flatwood areas and landscapes adjacent to drainageways. The seasonal high water table is at a depth of 0 to 15 inches for two to six months and at 15 to 30 inches during periods of lower rainfall in most years under natural conditions. Typically, the surface layer is about seven inches of black fine sand over three inches of very dark gray fine sand. The subsurface layer is gray fine sand that extends to a depth of 15 inches.

Vegetative Communities: The project site encompasses seven community types characterized by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).

Residential Low-Density (FLUCFCS code 110): This area of the subject property currently contains trailers and manufactured homes.

Pine Flatwoods (FLUCFCS code 441): This community has a canopy of slash pine (Pinus elliottii). The understory and groundcover are vegetated with yaupon holly (Ilex vomitoria), bitter gallberry (Ilex glabra), saw palmetto (Serenoa repens), and bracken fern (Pteridium aquilinum).

Roadway (FLUCFCS code 814): This portion of the subject property contains an old logging road.

Upland Cut Ditch (FLUCFCS code 510): This area is a small self-contained linear and rectangular depression which is man-made. The vegetation is dominated by slash pine.

Mixed Wetland Hardwoods (FLUCFCS code 617): This community has a canopy of red maple (Acer rubrum), sweetgum (Liquidambar styraciflua), cypress (Taxodium spp.), and blackgum (Nyssa sylvatica var. biflora). The understory and groundcover are vegetated fetterbush (Lyonia lucida), lizard’s-tail (Saururus cernuus), cinnamon fern (Osmunda cinnamomea), and Virginia chain fern (Woodwardia virginica).

Wetland Forested Mixed (FLUCFCS code 630): This community has a mixed canopy of slash pine, cypress, blackgum, dahoon holly (Ilex cassine), loblolly bay (Gordonia lasianthus), red maple, and sweetgum. The understory and groundcover are vegetated with fetterbush, highbush blueberry, (Vaccinium corymbosum) Virginia chain fern and pipewort (Eriocaulon sp.).

Borrow Area (FLUCFCS code 742): This feature is a borrow area dug wholly within uplands. It does not serve as stormwater treatment. It appears to have been dug in 1999.

PROPOSED WORK: The applicant seeks authorization to discharge clean fill material over a total of 1.76 acres of wetlands and 0.08 acre of ditches. The project also incorporates the expansion of an existing borrow pit (approximately 0.45 acre in size) to accommodate one of the stormwater management ponds associated with the proposed development.

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 applicant indicates that the work proposed is the minimum necessary to establish access and egress to the site from local roadways; and, establish sufficient residential parcels and associated infrastructure (roads, utilities, and stormwater ponds) to render the project economically viable.

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

The applicant’s ecological agent submitted a Uniform Mitigation Assessment Method (UMAM) quantifying and qualifying the loss of wetland functions and services associated with the project. The UMAM calculates that loss as 1.09 units. Therefore, the applicant proposes to purchase 1.09 palustrine forested credits from the Fish Tail Swamp Mitigation Bank (SAJ-2007-05851).

CULTURAL RESOURCES: The applicant previously contracted Bland and Associates, Inc. to implement An Intensive Cultural Resource Assessment Survey of the Ravenswood Village Parcel, St. Johns County, Florida (October 2016). That Cultural Resource Assessment Survey (CRAS) concluded that no previously recorded cultural resources occur within the project tract; that no artifacts, historic structures, or historic structural remnants were noted during fieldwork; and, that based upon the absence of cultural material and the lack of evidence for occupation, as well as the environmental conditions on-site, no further archaeological investigation was warranted. As such, the Corps notes that the permit area has been previously surveyed for cultural resources (DHR survey #23422). The Corps finds the survey report appropriate and sufficient in accordance with Chapters 1a-46, Florida Administrative Code and with Federal regulation 36 CFR 800: Protection of Historic Properties. No historic properties are located within the permit area. Based upon the results of the survey report, the Corps has determined that the project will have no effect on historic properties.

ENDANGERED SPECIES:

Wood Stork (Mycteria americana): The project site is within the Core Foraging Area of the Matanzas Marsh (606109) and St. Augustine Alligator Farm Wood Stork colonies. Therefore, this species could be present at (utilize) the project site. The work proposed would not affect suitable foraging habitat (SFH). In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-no effect.

The Corps executed a Resources At Risk (RAR) report. The RAR 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. The project would not affect marine or estuarine habitat or EFH. Our initial determination is that the proposed action would not have an impact on EFH or federally managed fisheries in the San Sebastian River or downstream waters. 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 may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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, Post Office Box 4970, Jacksonville, Florida 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, Mark R. Evans, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at mark.r.evans@usace.army.mil; by facsimile transmission at (904)232-1940; or, by telephone at (904)232-2028.

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. 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 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.

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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