SELVA PRESERVE 15-REZN-1065 RAI Response 11.09.2015 c1 's1RT' E R 7 Waldo Street St. Augustine, FL 32084
Tel: 904.540.1786
ENVIRONMENTAL SERVICES WSW carterenv.com
November 9, 2015
Mr. Jeremy Hubsch
Building and Zoning Director
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32232-0019
Subject: 15-REZN-1065
Selva Preserve
RAI Response
Dear Mr. Husch:
This letter and attachments serve as response to the City of Atlantic Beach 30 October 2015 email Request for
Additional Information(RAI). Below are the RAI items and responses.
1. Policy A.1.2.1.d of the City of Atlantic Beach Comprehensive Plan and Section 24-270 of the Land
Development Regulations state, "It is the express intent of the City that no net loss of
jurisdictional wetlands occur through any development action within the City. Any impacted
wetlands on a development site shall be replaced elsewhere on the same site or elsewhere within
the City of Atlantic Beach." The proposed plan seeks to impact jurisdictional wetlands. The
SJRWMD permit states the applicants will mitigate for wetlands in the Greens Creek Mitigation
Bank in Clay County. This mitigation site is approximately 50 miles from the proposed
development in Atlantic Beach. The proposed mitigation does not occur within the city of Atlantic
Beach as required by Policy A.1.2.1.d and Section 24-270.
We request an exemption to this policy. Per the attached SJRWMD mitigation bank map generated
from their online list of available mitigation sites there are no mitigation sites in Atlantic Beach that
satisfies the St. Johns River Water Management District and the U.S.Army Corps of Engineers (ACOE)
mitigation requirements. Since the passage of the 10 April 2008 EPA Mitigation Rule(73 FR 19670),
there's a preference to use mitigation banks. Therefore,the applicant met the ACOE requirements by
providing a mitigation plan that meets both the 2008 EPA Mitigation Rule and the SJRWMD mitigation
requirements concurrently.
CARTER
ENVIRONMENTAL SERVICES
3. Policy A.1.2.4 states, "The City shall not issue development permits that would significantly
alter wetland communities and functions." Please describe how the proposed project will or will
not alter wetland communities and functions on site.
The wetlands on-site have already been significantly altered by the excavation of the canal in the 1950's,
the pond to the west in the 1980's, and various ditches and spoil berm's. In addition, our plan avoids
1.74 acres of wetlands that will remain. Further, the remaining wetlands will have the same hydrology
pre development as post per SJRWMD requirements. Therefore, there is no additional "significant"
alteration to the wetland community is proposed.
15. The proposed site is within Maps A-2 and A-4 of the Comprehensive Plan in an area
designated as an environmentally sensitive area. Per 24-272 (a) please provide "an
environmental assessment of the site and the potential for impacts to the presumed resource
shall be provided by the applicant seeking such permit."
The following paragraphs were extracted from the 15 April 2008 Community Development Staff Report
and referenced reports that were prepared by the applicant's agent and reviewed by the Cities
consultants.
Both reviews reached substantively the same findings, summarized as follows. The canal along the east
side of the site was created as a drainage canal, excavated in various stages from the 1940s through the
1960s prior to current environmental regulations. These canals were typically dug with a drag-line or a
backhoe. The excavated material was disposed of along the sides of the canal, resulting in elevated
berms along the edges of the canal. While such canals were effective at preventing flooding and moving
stormwater, the canals and berms altered the natural hydrology of the wetland systems. Fallen trees and
vegetative debris also naturally accumulated to impede drainage and degrade wetland functions.
The reports indicate that these significant alterations to natural systems have, over time, resulted in
severe soil subsidence; have significantly drained wetland areas; and that the area is undergoing
transition from wetlands to uplands as indicated by the dominance of upland vegetative communities
and soils found on the site. The remaining wetland areas on the site are of a low quality, and not
connected to other offsite wetland systems, in part due to the impacts of surrounding development,
which have interrupted connections to other wetlands and surface water areas. ATM notes that, if
designed properly, development of the site may provide opportunities to enhance remaining wetland
areas and improve hydrologic functions. The Applicant also provided a review for habitat and wildlife
species, and reported that while there are numerous species as would be expected on a 7-acre heavily-
wooded coastal site, including raccoons, opossum, armadillo, fox, turtles and a variety of birds, no
species listed by the state or any federal agency as threatened or endangered were observed.
This summarizes the current condition of the site. Further, since then the alteration to the hydrology has
progressed.
2
CARTER
ENVIRONMENTAL SERVICES
16.At this time, staff is not prepared to issue a ruling on the proposed exemption requested from
24-272 (d) (1). Staff would like to point out that the Army Corps of
Engineers permit for this project states that the proposed project will discharge fill into the
waters of the US. The language from the Army Corps appears to discredit the notion that this
project is exempt from 24-272 (c) (1). This requested waiver will be further evaluated as plans
are reviewed in future submittals.
The Canal is man-made;therefore, should meet the exemption referenced in 24-272 (d) (1). Further,
buffers can't be provided adjacent to proposed wetland impacts. Buffers are to protect presumed
secondary impacts to the wetlands and since the direct impacts are adjacent to the wetland, wetland
buffers will not be provided. The applicant isn't proposing additional impacts to provide buffers.
17.Army Corps of Engineers permit#SAJ-1992-00736 states that the development is approved for
a 9 unit residential project. The proposed SPA is seeking approval for up to 15 homes.
ACOE regulates development in wetlands, not lot yields. The ACOE could also review the type of
development. This project was permitted as residential and is still residential so is consistent with their
permit.
18. Please provide a description in the SPA text regarding how many acres of existing wetlands on
site will be filled, how many acres will be preserved and how any preserved wetlands will be
maintained.
The applicant proposes to fill approximate 1.8 acres of wetlands and 1.74 acres of wetlands remain.
I trust this information is sufficient for you to finalize the processing of our request. If you have any questions,
please contact me.
Sincerely,
_ ,y
Ryan Carter, PWS
Vice President
3
Home I FAQs I Resources I Help I floridaswater.com I This site only lists mitigation banks permitted by SJRWMD.
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Deepwater Wetland 4-Northern St.Johns River&Northern Coastal could potentially use one of the following Mitigation Banks:
Note:Miti.abco bank service areas ma include mulb.le draina.e basins Im.act.ro ads located within the se •area but outside the drain a.e basin in which the bank is located do not automasca meet the cumulative im.act criteria b rule.
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DistdctOwned Conservation Easements
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Bank Description Available Credit Balance Link aP Project Link
The Northeast Florida Wetlands Mitigation Bank covers a total of 774 acres,and is located approximately 8 miles west of the Jacksonville International
County Boundaries Airport,north of Acree Road,west of the Seaboard System Railroad,adjacent to the Thomas Creek floodplain swamp,in northwestern Duval County. Click
Habitats and land uses present on the site include cattle pastures and dairy facilities,pine plantation,upland hardwood hammock,wet prairie,floodplain to Click to
swamp,and mixed hardwood wetlands.The following ecological enhancement activities have been proposed or implemented at this mitigation bank:1.
SJRWMD Boundary Northeast Recording of a Conservation Easement to prevent future activities not consistent with the preservation of natural communities.2.Elimination of dairy and 0.00(GView View
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cattle activities.3.Removal of structures and other improvements associated with the dairy.4.Removal of accumulated cattle waste from surface waters. and Information
5.Native habitat restoration through elimination of inappropriate species and planting of target native wetland and upland trees.6.Hydrologic restoration Details
through filling and relocation of drainage ditches.7.Creation of forested wetlands through clearing,excavating,and planting an upland pine plantation.
Overview Map 8.Implementation of a perpetual preservation and management plan,including fire management,conducive to maintaining native natural habitats.
Northeast
Florida Click
Wetlands to Click to
Mitigation The conversion of Parcels C and D to UMAM. 11.68(Forested View View
Bank- Freshwater) Map Project
Parcel C& and Information
Details
ID-UMAM II
The Sundew Mitigation Bank covers a total of 2,107 acres,and is located in southern Clay County,contiguous to the Putnam/Clay boundary,about
midway between Palatka and Green Cove Springs.The site is bordered by Warner Road to the north,Sun Garden Road to the south,and U.S.Highway Click
17 to the east.The vegetative communities on the site have historically been altered to maximize pine production.The remaining wetland systems are
predominately mixed hardwoods with some cypress-dominated or herbaceous areas.The following ecological enhancement activities have been proposed 11.40(Forested to Click to
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Sundew or implemented at this mitigation bank:1.Recording of a Conservation Easement to prevent future activities not consistent with the preservation of Freshwater,Herbaceous View
natural communities.2.Cessation of silviculture activities and elimination of most planted pines.3.Elimination of most wetland bedding.4.Restoration Freshwater) Map Project
of hydrologic levels and patterns.5.Restoration of native forest through nurturing existing recruited trees and by additional plantings.6.Elimination of and Information
adverse hunting effects.7.Creation of small herbaceous wetlands by excavation of upland areas.8.Implementation of a perpetual preservation and Details
management plan,including prescribed burning,conducive to maintaining native natural habitats.
The Loblolly Mitigation Bank covers a total of 6,247 acres,and is located east of U.S.Highway 301 and north of County Road 228,in southwestern Click
Duval County.The site is dominated by an intensely managed,densely planted,slash pine plantation with small areas of native forest consisting primarily 0.00(Forested to Click to
Loblolly of cypress.The following ecological enhancement activities have been proposed or implemented at this mitigation bank:1.Cessation of silviculture Freshwater,General View Viewactivities and elimination of most planted pines.2.Hydrologic restoration.3.Restoration of native forests by nurturing native species and supplemental Wetlands) Map Project
tree plantings.4.Elimination of hunting leases.5.Implementation of a native-community-promoting fire management plan.6.Implementation of a and Information
perpetual preservation and management plan,conducive to maintaining native natural habitats. Details
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The application seeks to modify the Loblolly Mitigation Bank permit to correct identified errors in the credit calculations by phase and basin for both the to Click to
Loblolly- ratio or pre-UMAM permit and the UMAM conversion permit.The correction will result in a redistribution of credits by phase and basin but the total 18.57(Forested View View
UMAM potential amount of credits does not change. Freshwater) Map Project
and Information
Details
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Tupelo to Click to
Mitigation This Sequence(2)is a Permit Transfer of the original permit,Seq.1,which was permitted on January 13,2004.This permit transfer was done on August 34.49(General View View
Bank 11,2004. Wetlands) Map Project
(Transfer) and Information
Details
The Longleaf Mitigation Bank covers a total of 3,020 acres,and is located east of State Road 121,west of U.S.Highway 301,and south of State Road
108,in Nassau County.The project consists of three separate parcels known as the Northwest Site,East Site,and South Site.The Northwest Site contains Clk:k
waters and wetlands of Crosby Bay and Mill Creek.The East Site contains headwater wetland systems of Thomas Creek and Mill Creek.The South Site to Click to
contains waters and wetlands associated with Deep Creek,Brandy Branch,and Crosby Bay.Crosby Bay is a large,headwater wetland system that connects
Longleaf the three bank sites.The site is dominated by a densely planted slash pine plantation.Wetlands on the site include hydric pine plantation,along with 0.00(Forested View View
South Freshwater) Map Project
cypress sloughs,hardwood sloughs,and creek bottomlands.The following ecological enhancement activities have been proposed or implemented at this and Information
mitigation bank:1.Cessation of silviculture development practices.2.Hydrologic enhancement.3.Implementation of a Forestry Stewardship Plan,which Details
Includes pine removal,planting of appropriate native species,and prescribed burning.4.Implementation of hunting restrictions.5.Perpetual preservation
through conservation easements.6.Implementation of a perpetual preservation and management plan,conducive to maintaining native natural habitats.
The Longleaf Mitigation Bank covers a total of 3,020 acres,and is located east of State Road 121,west of U.S.Highway 301,and south of State Road
108,in Nassau County.The project consists of three separate parcels known as the Northwest Site,East Site,and South Site.The Northwest Site contains pick
waters and wetlands of Crosby Bay and Mill Creek.The East Site contains headwater wetland systems of Thomas Creek and Mill Creek.The South Site
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Longleaf contains waters and wetlands associated with Deep Creek,Brandy Branch,and Crosby Bay.Crosby Bay is a large,headwater wetland system that connects 0.00(Forested View View
East- the three bank sites.The site is dominated by a densely planted slash pine plantation.Wetlands on the site include hydric pine plantation,along with Freshwater) Map Project
South cypress sloughs,hardwood sloughs,and creek bottomlands.The following ecological enhancement activities have been proposed or implemented at this and Information
mitigation bank:1.Cessation of silviculture development practices.2.Hydrologic enhancement.3.Implementation of a Forestry Stewardship Plan,which Details
includes pine removal,planting of appropriate native species,and prescribed burning.4.Implementation of hunting restrictions.5.Perpetual preservation
through conservation easements.6.Implementation of a perpetual preservation and management plan,conducive to maintaining native natural habitats.
The Longleaf Mitigation Bank covers a total of 3,020 acres,and is located east of State Road 121,west of U.S.Highway 301,and south of State Road
108,in Nassau County.The project consists of three separate parcels known as the Northwest Site,East Site,and South Site.The Northwest Site contains
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waters and wetlands of Crosby Bay and Mill Creek.The East Site contains headwater wetland systems of Thomas Creek and Mill Creek.The South Site
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contains waters and wetlands associated with Deep Creek,Brandy Branch,and Crosby Bay.Crosby Bay is a large,headwater wetland system that connects
Longleaf the three bank sites.The site is dominated by a densely planted slash pine plantation.Wetlands on the site include hydric pine plantation,along with Freshwater)0.00(ForestView View
East-East Freshwater) Map Project
cypress sloughs,hardwood sloughs,and creek bottomlands.The following ecological enhancement activities have been proposed or implemented at this and Information
mitigation bank:1.Cessation of silviculture development practices.2.Hydrologic enhancement.3.Implementation of a Forestry Stewardship Plan,which Details
includes pine removal,planting of appropriate native species,and prescribed burning.4.Implementation of hunting restrictions.5.Perpetual preservation
through conservation easements.6.Implementation of a perpetual preservation and management plan,conducive to maintaining native natural habitats.
The Longleaf Mitigation Bank covers a total of 3,020 acres,and is located east of State Road 121,west of U.S.Highway 301,and south of State Road
108,in Nassau County.The project consists of three separate parcels known as the Northwest Site,East Site,and South Site.The Northwest Site contains Click
waters and wetlands of Crosby Bay and Mill Creek.The East Site contains headwater wetland systems of Thomas Creek and Mill Creek.The South Site to pick to
contains waters and wetlands associated with Deep Creek,Brandy Branch,and Crosby Bay.Crosby Bay is a large,headwater wetland system that connects View View
Longleaf the three bank sites.The site is dominated by a densely planted slash pine plantation.Wetlands on the site Include hydric pine plantation,along with 0.00(Forested
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Northwest cypress sloughs,hardwood sloughs,and creek bottomlands.The following ecological enhancement activities have been proposed or implemented at this Freshwater) and Information
mitigation bank:1.Cessation of silviculture development practices.2.Hydrologic enhancement.3.Implementation of a Forestry Stewardship Plan,which
includes pine removal,planting of appropriate native species,and prescribed burning.4.Implementation of hunting restrictions.5.Perpetual preservationll IDetalls
through conservation easements.6.Implementation of a perpetual preservation and management plan,conducive to maintaining native natural habitats.
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Longleaf This application is for the modification,within the existing Longleaf Mitigation Bank,of the credits from WRAP to UMAM 0.00(Forested Mew View
UMAM S-S Freshwater) Map Project
and Information
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Longleaf
UMAM S- This application is for the modification,within the existing Longleaf Mitigation Bank,of the credits from WRAP to UMAM 0.00(Forested View View
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and Information
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UMAM N- This application is for the modification,within the existing Longleaf Mitigation Bank,of the credits from WRAP to UMAM Fr P
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Longleaf 0.13(ForThis application is for the modification,within the existing Longleaf Mitigation Bank,of the credits from WRAP to UMAM ested View View
UMAM E-S Freshwater) Map Project
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Longleaf This application is for the modification,within the existing Longleaf Mitigation Bank,of the credits from WRAP to UMAM 0.50(Forested View View
UMAM E-S Freshwater) Map Project
and Information
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Longleaf to Click to
UMAM E- This application is for the modification,within the existing Longleaf Mitigation Bank,of the credits from WRAP to UMAM Freshwater)28.19(Foreed View View
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and Information
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Longleaf This application is for the modification,within the existing Longleaf Mitigation Bank,of the credits from WRAP to UMAM 0.00(Forested View View
UMAM E-E Freshwater) Map Project
and Information
Details
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to Click to
Longleaf This application is for the modification,within the existing Longleaf Mitigation Bank,of the credits from WRAP to UMAM 21.93(Forested View View
UMAM E-E Freshwater) Map Project
and Information
Details
Nochaway Establishment of a 4075.77 Wetland Mitigation Bank that will generate credits by preservation,enhancement and restoration of wetlands.Mitigation Click
Mitigation activities to be accomplished include mechanical modification of the existing water control features including removing or raising culverts,installing of to Click to
00Bank- low water crossings,removing bedding and filling ditches.The native vegetation communities will be enhanced or restored as applicable to soil type by Fr Freshhwwater))aterView Prow
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UMAM- select timber harvest,control of exotic and invasive plant species and re-establishment of the appropriate vegetation composition and strata through Map Proje
Basin 8 natural regeneration and succession. and Information
Details
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Nochaway Establishment of a 4075.77 Wetland Mitigation Bank that will generate credits by preservation,enhancement and restoration of wetlands.Mitigation to Click to
Mitigation activities to be accomplished include mechanical modification of the existing water control features including removing or raising culverts,installing of 56.85(Forested View view
Bank- low water crossings,removing bedding and filling ditches.The native vegetation communities will be enhanced or restored as applicable to soil type by Freshwater) Map Project
UMAM- select timber harvest,control of exotic and invasive plant species and re-establishment of the appropriate vegetation composition and strata through and
(Basin 4 natural regeneration and succession. Details Information
St.Marks Click
Pond This application Is for the construction,implementation and perpetual management of St.Marks Pond Mitigation Bank(SMP MB),a 756.19-acre project 38.42(Forested Click to
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Mitigation to be constructed and completed in accordance with the St.Marks Pond Mitigation Bank Construction,Implementation,Perpetual Management Document Freshwater,Herbaceous View View
Bank- received on April 12,2013. Freshwater) Map Project
UMAM and Information
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Star 4- 60.33(Forested View View
UMAM Creation of a 950 acre wetland mitigation bank to serve future development projects located within District Drainage Basins 4 and 5. Freshwater) Map Project
and Information
Details
Greens Click
Creek Greens Creek Mitigation Bank covers a project area of approximately 4201.22 acres,which is comprised of approximately 2,034.76 acres of wetlands and to Click to
Mitigation 2129.90 acres of uplands proposed for mitigation,and 36.56 acres of non-mitigation uplands(roadways,etc.)in southern Clay County.The mitigation 7.71(Forested View View
Bank- bank plan includes the preservation,enhancement,and restoration of wetlands,along with preservation and enhancement of uplands.A notable area of Freshwater) Map Project
Phase 1- preservation consists of approximately 3.5 miles of Greens Creek,a tributary of Black Creek. and Information
UMAM Details
Greens Click
Creek Greens Creek Mitigation Bank covers a project area of approximately 4201.22 acres,which is comprised of approximately 2,034.76 acres of wetlands and to Click to
Mitigation 2129.90 acres of uplands proposed for mitigation,and 36.56 acres of non-mitigation uplands(roadways,etc.)in southern Clay County.The mitigation 74.27(Forested View View
Bank- bank plan includes the preservation,enhancement,and restoration of wetlands,along with preservation and enhancement of uplands.A notable area of Freshwater) Map Project
Phase 2- preservation consists of approximately 3.5 miles of Greens Creek,a tributary of Black Creek. and Information
UMAM Details
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Johns 1.33(Forested View View
Mitigation The implementaion of a 990.01-acre mitigation bank Freshwater) Map Project
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Branch This application is for the construction,Implementation and perpetual management of Town Branch Mitibation Bank,a 432-acre project to be constructed 0.00(Forested View View
Mitigation as per the plans received by the District on July 2,2012.The mitigation activities must be completed in accordance with the final Mitigation Bank Plan Freshwater) Map Project
Bank- and associated documents received by the District on July 2,2012. and Information
UMAM
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Saltwater
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Marsh Modification to-2 to correct total project acreage,credit calculation and credit release schedule based on recorded conservation easement. M5.30(Herbaceous View View
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