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County: Chatham.
Nearest Named Waterbody: Salt Creek.
Overall Project Purpose: Commercial Development.
County: Chatham.
Nearest Named Waterbody: Salt Creek.
Overall Project Purpose: Commercial Development.
DEPARTMENT OF THE ARMY
SAVANNAH DISTRICT, CORPS OF ENGINEERS
100 WEST OGLETHORPE AVENUE
SAVANNAH, GEORGIA 31401-3640
January 18, 2019
Regulatory Branch
SAS-2009-00770
JOINT PUBLIC NOTICE
Savannah District/State of Georgia
The Savannah District 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 follows:
Application Number: SAS-2009-00770
Applicant: Mr. Dick Evans, Manager
Skidaway Cattle & Land
Post Office Box 143
Taylorsville, IL 62568
Agent: Mr. Alton Brown
Resource and Land Consultants
41 Park of Commerce Way, Suite 303
Savannah, Georgia 31405
Location of Proposed Work: The 9.2-acre project site is Lots 9 and 10A of Southern
Oaks Business Park, and is located in the southwest quadrant of the intersection of
Southern Boulevard and Southern Oaks Drive, in Savannah, Chatham County, Georgia
(Latitude 32.060092, Longitude -81.156115).
Description of Work Subject to the Jurisdiction of the U.S. Army Corps of Engineers:
The applicant proposes to impact 4.27 acres of jurisdictional wetland to facilitate
development of Lot 10A of Southern Oaks Business Park; with 3.55 acres of fill for the
construction of a commercial building, parking, and an access road, and 0.72 acres of
excavation for the construction of an on-site stormwater pond. The applicant's
proposed compensatory mitigation plan is the purchase of 25.2 credits from Margin Bay
Wetland Mitigation Bank. Plans and drawings for the provided by the applicant.
BACKGROUND
This Joint Public Notice announces a request for authorizations from both the U.S.
Army Corps of Engineers and the State of Georgia. The applicant's proposed work may
also require local governmental approval.
The infrastructure for Southern Oaks Business Park was constructed on a 32.85-acre
tract that was purchased by the applicant in 1996. By letter dated May 2, 1997, the
Corps verified that this tract consisted of 6.42 acres of wetland and 26.43 acres of
upland. By letter dated June 30, 1997, the Corps verified that the discharge of fill
material into 0.99 acres of the wetlands located on this tract was authorized by
Nationwide Permit 26. The applicant perpetually preserved the remaining 5.43 acres of
wetlands on the 32.85-acre tract, which was compensatory mitigation for the 0.99 acres
of wetland impact. Between 1997 and 2009, the business park was built out, with the
exception of Lots 9 and 10A, which remain undeveloped.
By letter to the applicant dated April 8, 2016, the Corps verified that Lots 9 and 10A
are now totally wetland. The lots are comprised of 2.53 acres of wetland that was
previously verified in 1996, and protected by restrictive covenant, and 6.67 acres of
wetland that had been verified by the Corps as upland in 1996. According to
information provided by the applicant, increased stormwater runoff due to development
within the business park, and inadequate management of increased stormwater runoff
are the primary reasons that the 6.67-acres is now saturated sufficiently to meet the
hydrology criteria of a jurisdictional wetland.
The applicant originally submitted an application for a permit to impact 6.67 acres of
wetland on Lots 9 and 10A, to facilitate the commercial development of these lots, and
build-out of Southern Oaks Business Park. For the purposes of this permit application,
the permit area is only 6.67 acres of the 9.2-acre lots; since 2.53 acres of these lots is
perpetually protected by restrictive covenant, and cannot be developed. Subsequently,
the applicant amended the application and reduced proposed impacts down to 4.27
acres for development of lot 10A only, with avoidance of the 2.4 acres of wetland
located on lot 9. The 2.4 acres of wetland located on Lot 9 would be considered on-site
aquatic resource avoidance (i.e., a form of mitigation) pursuant to the sequential
requirements of Section 404(b)(1) Guidelines of the Clean Water Act; and therefore not
available for future development. As discussed above, construction of the proposed
project would result in the build-out of Southern Oaks Business Park.
STATE OF GEORGIA
Water Quality Certification: The Georgia Department of Natural Resources,
Environmental Protection Division will review the proposed project for Water Quality
Certification, in accordance with the provisions of Section 401 of the Clean Water Act.
Prior to issuance of a Department of the Army Permit for a project located in, on, or
adjacent to the waters of the State of Georgia, review for Water Quality Certification is
required. A reasonable period of time, which shall not exceed one year, is established
under the Clean Water Act for the State to act on a request for Water Quality
Certification, after which, issuance of a Department of the Army Permit may proceed.
State-owned Property and Resources: The applicant may also require assent from
the State of Georgia, which may be in the form of a license, easement, lease, permit or
other appropriate instrument.
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Georgia Coastal Management Program: Prior to the Savannah District Corps of
Engineers making a final permit decision on this application, the project must be
certified by the Georgia Department of Natural Resources, Coastal Resources Division,
to be consistent with applicable provisions of the State of Georgia Coastal Management
Program (15 C.F.R. § 930). Anyone wishing to comment on Coastal Management
Program certification of this project should submit comments in writing within 30 days of
the date of this notice to the Federal Consistency Coordinator, Ecological Services
Section, Coastal Resources Division, Georgia Department of Natural Resources, One
Conservation Way, Brunswick, Georgia 31523-8600 (Telephone 912-264-7218).
U.S. ARMY CORPS OF ENGINEERS
The Savannah District must consider the purpose and the impacts of the applicant's
proposed work, prior to a decision on issuance of a Department of the Army Permit.
Cultural Resources Assessment: Review of the latest published version of the
National Register of Historic Places indicates that no registered properties or properties
listed as eligible for inclusion are located at the site or in the area affected by the
proposed work. Presently unknown archaeological, scientific, prehistorical or historical
data may be located at the site and could be affected by the proposed work.
Endangered Species: The following federally listed species have ranges that extend
into Chatham County, Georgia: Acipenser brevirostrum (shortnose sturgeon);
Acipenser oxyrinchus oxyrinchus (Atlantic sturgeon); Ambystoma cingulatum (frosted
flatwoods salamander); Calidris canutus (red knot), Caretta caretta (loggerhead sea
turtle); Charadrius melodus (piping plover); Chelonia mydas (green sea turtle);
Dermochelys coriacea (leatherback sea turtle); Eubalaena glacialis (Northern Atlantic
right whale); Gopherus polyphemus (gopher tortoise); Lepidochelys kempii (Kemp's
Ridley sea turtle); Lindera melissifolia (pondberry); Mycteria americana (wood stork);
Picoides borealis (red-cockaded woodpecker); and Trichechus manatus (manatee).
Based on the site assessment conducted by the applicant, and because the project site
is located within an existing commercial park, within a developed area of Chatham
County, Georgia, neither habitat nor any individual species occur with in the project
area. Pursuant to Section 7(c) of the Endangered Species Act of 1973, as amended
(16 U.S.C. § 1531 et seq.), the Corps has determined that the proposed project would
have no effect on any federally listed species or their critical habitat.
Public Interest Review: 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 benefit, 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 the cumulative effects thereof; among those are conservation, economics,
3
aesthetics, general environmental concerns, wetlands, historic properties, fish and
wildlife values, flood hazards, flood plain 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.
Consideration of Public Comments: The Corps is soliciting comments from the
public; federal, state, and local agencies and officials; Native American 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.
Application of Section 404(b)(1) Guidelines: The proposed activity involves the
discharge of dredged or fill material into the waters of the United States. The Savannah
District's evaluation of the impact of the activity on the public interest will include
application of the guidelines promulgated by the Administrator, Environmental
Protection Agency, under the authority of Section 404(b) of the Clean Water Act.
Public Hearing: Any person may request, in writing, within the comment period
specified in this notice, that a public hearing be held to consider this application for a
Department of the Army permit. Requests for public hearings shall state, with
particularity, the reasons for requesting a public hearing. The decision whether to hold
a public hearing is at the discretion of the District Engineer, or his designated appointee,
based on the need for additional substantial information necessary in evaluating the
proposed project.
Comment Period: Anyone wishing to comment on this application for a Department
of the Army Permit should submit comments in writing to the Commander, U.S. Army
Corps of Engineers, Savannah District, Attention: Richard W. Morgan, 100 West
Oglethorpe Avenue, Savannah, Georgia 31401-3640, no later than 30 days from the
date of this notice. Please refer to the applicant's name and the application number in
your comments.
Enclosures
4
SOUTHERN OAKS LOTS 9 & 10
PROPOSED ACTIVITY:
Engineering | Surveying | Planning | GIS | Consulting
LOCATION MAP
CLIENT:
50 Park of Commerce Way
Savannah, GA 31405 · 912.234.5300
KNIGHTSWOOD, INC
LOCATION: CHATHAM COUNTY, GA
DATE: 1/16/2019
DRAWN BY: TJB
JOB NUMBER: J-26180.0001
REVIEWED BY: DMB
SHEET: W1
SCALE: 1" = 2000'
www.thomasandhutton.com
W3
SOUTHERN OAKS LOTS 9 & 10
PROPOSED ACTIVITY:
Engineering | Surveying | Planning | GIS | Consulting
SHEET INDEX/PROJECT MAP
CLIENT:
50 Park of Commerce Way
Savannah, GA 31405 · 912.234.5300
KNIGHTSWOOD, INC.
LOCATION: CHATHAM COUNTY, GA
DATE: 1/16/2019
DRAWN BY: TJB
JOB NUMBER: J-26180.0001
REVIEWED BY: DMB
SHEET: W2
SCALE: 1" = 1000'
www.thomasandhutton.com
SOUTHERN OAKS LOTS 9 & 10
PROPOSED ACTIVITY:
Engineering | Surveying | Planning | GIS | Consulting
IMPACT PLAN
CLIENT:
50 Park of Commerce Way
Savannah, GA 31405 · 912.234.5300
KNIGHTSWOOD, INC.
LOCATION: CHATHAM COUNTY, GEORGIA
DATE: 1/16/2019
DRAWN BY: TJB
JOB NUMBER: J-26180.0001
REVIEWED BY: DMB
SHEET: W3
SCALE: 1" = 200'
www.thomasandhutton.com
LEGEND
PROJECT SITE
9.20 ACRES
PROJECT SITE
0.0 ACRES
UPLAND
9.20 ACRES
TOTAL WETLAND AREA
WETLAND IMPACT SUMMARY
JURISDICTIONAL WETLAND FILL ( I-1 )
3.55 ACRES
JURISDICTIONAL WETLAND EXCAVATION ( I-2 )
0.72 ACRES
UNDISTURBED WETLAND
2.40 ACRES
TOTAL PRESERVED WETLANDS
2.53 ACRES
TOTAL WETLAND IMPACT
4.27 ACRES
TOTAL PROPOSED FILL
TOTAL PROPOSED EXCAVATION
± 22,910 CY
± 2,355 CY
SOUTHERN OAKS LOTS 9 & 10
PROPOSED ACTIVITY:
Engineering | Surveying | Planning | GIS | Consulting
IMPACT SUMMARY
CLIENT:
50 Park of Commerce Way
Savannah, GA 31405 · 912.234.5300
KNIGHTSWOOD, INC
LOCATION: CHATHAM COUNTY, GA
DATE: 1/16/19
DRAWN BY: TJB
JOB NUMBER: J-26180.0001
REVIEWED BY: DMB
SHEET: W4
SCALE: N.T.S.
www.thomasandhutton.com
SOUTHERN OAKS LOTS 9 & 10
PROPOSED ACTIVITY:
Engineering | Surveying | Planning | GIS | Consulting
WETLAND IMPACT DETAIL
CLIENT:
50 Park of Commerce Way
Savannah, GA 31405 · 912.234.5300
KNIGHTSWOOD, INC.
LOCATION: CHATHAM COUNTY, GA
DATE: 1/16/2018
DRAWN BY: TJB
JOB NUMBER: J-26180.0001
REVIEWED BY: DMB
SHEET: W5
SCALE: N.T.S.
www.thomasandhutton.com