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. 2
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 Engineering Surveying Planning GIS Consulting LOCATION MAP KNIGHTSWOOD, INC LOCATION: CHATHAM COUNTY, GA DATE: 1/16/2019 JOB NUMBER: J-26180.0001 REVIEWED BY: DMB SHEET: W1 SCALE: 1" = 2000'
W3 SOUTHERN OAKS LOTS 9 & 10 SHEET INDEX/PROJECT MAP KNIGHTSWOOD, INC. LOCATION: CHATHAM COUNTY, GA DATE: 1/16/2019 JOB NUMBER: J-26180.0001 REVIEWED BY: DMB SHEET: SCALE: W2 1" = 1000' Engineering Surveying Planning GIS Consulting
SOUTHERN OAKS LOTS 9 & 10 IMPACT PLAN KNIGHTSWOOD, INC. LOCATION: CHATHAM COUNTY, GEORGIA DATE: 1/16/2019 JOB NUMBER: J-26180.0001 REVIEWED BY: DMB SHEET: W3 SCALE: 1" = 200' Engineering Surveying Planning GIS Consulting
PROJECT SITE PROJECT SITE UPLAND TOTAL WETLAND AREA LEGEND 9.20 ACRES 0.0 ACRES 9.20 ACRES WETLAND IMPACT SUMMARY JURISDICTIONAL WETLAND FILL ( I-1 ) JURISDICTIONAL WETLAND EXCAVATION ( I-2 ) UNDISTURBED WETLAND 3.55 ACRES 0.72 ACRES 2.40 ACRES TOTAL PRESERVED WETLANDS 2.53 ACRES TOTAL WETLAND IMPACT TOTAL PROPOSED FILL TOTAL PROPOSED EXCAVATION 4.27 ACRES ± 22,910 CY ± 2,355 CY SOUTHERN OAKS LOTS 9 & 10 IMPACT SUMMARY KNIGHTSWOOD, INC LOCATION: CHATHAM COUNTY, GA DATE: 1/16/19 JOB NUMBER: J-26180.0001 REVIEWED BY: DMB SHEET: SCALE: W4 N.T.S. Engineering Surveying Planning GIS Consultin
SOUTHERN OAKS LOTS 9 & 10 WETLAND IMPACT DETAIL KNIGHTSWOOD, INC. LOCATION: CHATHAM COUNTY, GA DATE: 1/16/2018 JOB NUMBER: J-26180.0001 REVIEWED BY: DMB SHEET: SCALE: W5 N.T.S. Engineering Surveying Planning GIS Consultin