Good Morning, Palm Coasters!

Only with your support we have been able to have PEACE and QUIET on Sundays!  Thank you very much, but we still need more signatures!  Please spread the word!  We have more work to do!

Some of you may be aware of the proposed development of the WETLANDS between the Z and K Sections of Quail Hollow.  We request the Army Core of Engineers DENY the PERMIT.  We have drafted a letter to make it easy for you to COPY, PASTE, and SIGN YOUR NAME into email.  Edit, if you'd like, but this must be done by 4pm tomorrow.  Please take a minute and send it today!

Onward!

With Gratitude,

The Peace for Palm Team

 

Email Addresses:

Terri.M.Mashhour@usace.army.mil, Report@SJRK.org, KrissySJake@gmail.com, CThaell@gmail.com, AlexZelenski@outlook.com

 

**COMPLAINT LETTER --- COPY and PASTE**

Terri M. Mashhour

Project Manager

U.S. Army Corps of Engineers

Jacksonville District

Regulatory Division

 

To:  Terri.M.Mashhour@usace.army.mil

          Report@SJRK.org

          KrissySJake@gmail.com

          CThaell@gmail.com

          AlexZelenski@outlook.com

Re: Public Comment – Strong Opposition to Issuance of Department of the Army Permit SAJ-2005-035550  

Applicant: Brad Odom / Greenpointe Developers, LLC  

Project: Impacts to wetlands and ditches associated with Black Branch Swamp / Haw Creek / Bulow Creek  

Location: East of US Highway 1 along Belle Terre Boulevard, Palm Coast, Flagler County, Florida  

Public Notice Published: February 3, 2026; Expires: March 3, 2026

 

Dear Ms. Mashhour and Reviewing Officials:

I am writing to submit formal comments in strong opposition to the issuance of a Section 404 permit for the proposed project referenced above. I urge the Corps to **deny the permit in its entirety** or, at minimum, require a full public hearing and rigorous reevaluation under the Clean Water Act (CWA), National Environmental Policy Act (NEPA), and applicable guidelines.

This approximately 589-acre site contains significant forested wetlands, swamps, streams, ditches, and a reservoir tied to Black Branch Swamp, which flows into Black Branch, Haw Creek, and ultimately Bulow Creek—important aquatic resources in Flagler County. The project would authorize direct and indirect impacts to these jurisdictional wetlands and other waters, contributing to cumulative loss in an area already experiencing rapid development pressure.

**Key Reasons for Opposition and Denial:**

1. **Failure to Avoid and Minimize Impacts (404(b)(1) Guidelines Violation)**  

   The Clean Water Act's Section 404(b)(1) Guidelines require that practicable alternatives that avoid wetland impacts be considered first, with minimization next, and compensation only as a last resort. The project description indicates development across a large forested tract with "intertwining strands of forested wetland swamp," wet pine plantations, streams, ditches, and other aquatic features. No evidence is provided in the public notice that less-impacting alternatives (e.g., clustering development on upland pine areas, reducing density/intensity, preserving larger contiguous wetland buffers, or abandoning portions of the site) were seriously evaluated or rejected for specific, documented reasons. Denying or redesigning to avoid all/all practicable impacts is required unless clearly impracticable.

2. **Inadequate Alternatives Analysis**  

   The notice references prior authorizations (e.g., SAJ-2004-04984 from 2007/2011 for Flagler Central Commerce Park), but this appears to be a new or modified proposal for residential/commercial/industrial development on previously undeveloped land. A full, site-specific alternatives analysis—including a true "no action" alternative and off-site options—is essential. The Corps must demonstrate that the applicant's preferred alternative is the least environmentally damaging practicable alternative (LEDPA). Without this, the permit cannot be issued.

3. **Significant Adverse Effects on Aquatic Resources and No Net Loss Policy**  

   Impacts to high-value forested wetlands and connected systems would degrade functions like flood storage, water quality filtration, habitat for wildlife (including endangered and threatened species in Flagler County's wetland corridors), and groundwater recharge. Even partial impacts contribute to cumulative loss in northeast Florida, where wetland extent has declined due to development. The Corps' no net loss policy requires full replacement of functions/values; however, mitigation (if proposed) often fails to fully replicate complex forested swamp systems. I request details on any proposed mitigation plan, including location, type, and success metrics.

4. **Cumulative and Secondary Impacts Ignored**  

   The site is surrounded by existing high-density residential, business parks, and other developments. Additional buildout here would exacerbate cumulative effects on hydrology (increased flooding risks downstream in Haw Creek/Bulow Creek), stormwater runoff pollution, habitat fragmentation, and strain on regional ecosystems. The notice does not adequately address these.

5. **Public Interest Review Factors Weigh Against Approval**  

   Under 33 CFR Part 320, the Corps must balance factors including conservation, aesthetics, wetlands, fish/wildlife values, flood hazards, recreation, water quality, and economics. Here, environmental values (wetlands/swamps as natural flood buffers and biodiversity hotspots) outweigh speculative economic benefits, especially given nearby developed areas that could accommodate growth without further wetland loss.

6. **Request for Public Hearing**  

   Due to the project's scale, potential for significant impacts, and public interest in preserving remaining natural lands in Palm Coast/Flagler County, I formally request a public hearing under 33 CFR 327.4 to allow broader input, expert testimony, and scrutiny of the application.

7. **Additional Concerns**  

   - Potential impacts to state-listed or federally protected species (e.g., via wetland-dependent wildlife).  

   - Consistency with Florida's wetland protection rules and any St. Johns River Water Management District/FDEP requirements.  

   - The site's history (including a prior failed county ESL purchase attempt) suggests conservation alternatives were feasible but not pursued.

In conclusion, I respectfully request that the Corps **deny this permit application in its entirety**. If not denied, condition any approval on maximum avoidance/minimization, robust mitigation, and monitoring. Please add me to any correspondence regarding this application and confirm receipt of these comments.

Thank you for considering these concerns and for protecting our nation's waters under the Clean Water Act.

Sincerely, 

(Name)

Palm Coast, Florida

CC: 

- Sierra Club Florida Chapter

- St. Johns Riverkeeper