Jacksonville District Header Image

 

JACKSONVILLE DISTRICT

Home
Home > Missions > Regulatory > Public Notices

Public Notice Archive

Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

ATTACHMENTS


  Graphics
Bookmark and Share Email Print


SAJ-2017-1987(SP-DSG)

Posted: 11/9/2017

Expiration date: 12/9/2017


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: Consolidated-Tomoka Land Co.
1530 Cornerstone Boulevard, Suite 100
Daytona Beach, Florida 32117

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Tomoka River. The project site is located on parcel number 04-15-32-00-00-0010, adjacent to North Williamson Boulevard on the east, Strickland Range Road on the north, and Interstate 95 on the west, in Section 49, Township 15 south, Range 32 east, Daytona Beach, Volusia County, Florida.

Directions to the site are as follows: The entrance to the site is located on N. Williamson Boulevard, just south of Strickland Range Road. From Interstate 95 take Exit 265 toward Holly Hill/Daytona Beach and head east on LPGA Boulevard. Travel 0.8 mile and then turn left onto Williamson Boulevard. Travel another 0.8 mile and the site will be on the left.

APPROXIMATE CENTRAL COORDINATES:

Latitude 29.234975°
Longitude -81.101624°

PROJECT PURPOSE:

Basic: The basic project purpose is to construct a distribution center.

Overall: The overall project purpose is to construct a commercial distribution center in north Volusia County with access to major thoroughfares to service areas within a 45-mile radius.

EXISTING CONDITIONS: The project site includes both upland and wetland communities. Existing wetlands are classified as streams and waterways, wetland forested mixed, and vegetated non-forested wetlands per the Florida Land Use, Cover and Forms Classification System, Level III. Existing vegetation along the eastern edge of the site associated with the existing ditch consists of wax myrtle (Myrica cerifera), saltbush (Baccharis halimifolia), Peruvian primrosewillow (Lidwigia peruviana), blackberry (Rubus cuneifolius), sedges (Carex spp. and Cyperus spp.), spadeleaf (Centella asiatica), dogfennel (Eupatorium capillifolium), muscadine grapevine (Vitis rotundifolia), and marsh pennywort (Hydrocotyle umbellate). Vegetation within the forested wetland areas consists of bald cypress (Taxodium distichum), slash pine (Pinus ellotti), wax myrtle (Myrica cerifera), sweetbay (Magnolia virginiana), red maple (Acer rubrum), saltbush (Baccharis halimifolia), winged sumac (Rhus copalliunum), blackberry (Rubus cuneifolius), bracken fern (Pteridium spp.), Virginia chain fern (Woodwardia virginica), muscadine grapevine (Vitis rotundifolia), poison ivy (Taxixodendron radicans), marsh pennywort (Hydrocotyle umbellate), broomsedge (Andropogan spp.), yellow-eyed grass (Sisyrinchium spp.), and St. John’s wort (Hypericum perforatum). Within the vegetated non-forested wetlands, which has been previously impacted by hayfield conversion, vegetation consists of bahiagrass (Paspalum notatum), bermudagrass (Cynodon dactylon), pepperweed (Lepidium virginicum), blackberry (Rubus pensilvanicus), thistle (Cirsium spp.), smutgrass (Sporobolus indicus), wild lettuce (Lactuca spp.), broomsedge (Andropogan spp.), caesarweed (Urena lobate), muscadine grapevine (Vitis rotundifolia), beggarticks (Bidens alba), common dandelion (Taraxacum ifficinale), grass-leaved ladies tresses (Spiranthes praecox), cudweed (Gnaphalium spp.), slender goldentop (Solidago microcephala), flat-top goldenrod (Euthamia caroliniana), bracken fern (Pteridium spp.), hairy indigo (Indigofera hirsute), lovegrass (Eragrostis spp.), mock bishopweed (Ptilimnuim capilladeum), Mexican clover (Richardia spp.), Florida tasselflower (Emilia fosbergii), crowfootgrass (Dactyloctenium aegyptium), and blazing star (Liatris spp.).

The upland areas are classified by the Florida Land Use, Cover and Forms Classification System, Level III as cropland and pastureland and hardwood – conifer mixed. Vegetation identified within the cropland and pastureland areas, which are currently being used for hay production, consists of bahiagrass (Paspalum notatum), bermudagrass (Cynodon dactylon), pepperweed (Lepidium virginicum), blackberry (Rubus pensilvanicus), thistle (Cirsium spp.), smutgrass (Sporobolus indicus), wild lettuce (Lactuca spp.), broomsedge (Andropogan spp.), caesarweed (Urena lobate), muscadine grapevine (Vitis rotundifolia), beggarticks (Bidens alba), common dandelion (Taraxacum ifficinale), grass-leaved ladies tresses (Spiranthes praecox), cudweed (Gnaphalium spp.), slender goldentop (Solidago microcephala), flat-top goldenrod (Euthamia caroliniana), bracken fern (Pteridium spp.), hairy indigo (Indigofera hirsute), lovegrass (Eragrostis spp.), mock bishopweed (Ptilimnuim capilladeum), Mexican clover (Richardia spp.), Florida tasselflower (Emilia fosbergii), crowfootgrass (Dactyloctenium aegyptium), and blazing star (Liatris spp.). The vegetation identified within the hardwood-conifer mixed area consists of slash pine (Pinus ellotti), cabbage palm (Sabal palmetto), red maple (Acer rubrum), camphortree (Cimmamonum camphora), chinaberry (Melia azedarach), American beauty (Callicarpa Americana), saw palmetto (Serenoa repens), saltbush (Baccharis halimifolia), Adam’s needle (Yucca filamentosa), bahiagrass (Paspalum notatum), St. Augustinegrass (Stenotaphrum secundatum), goldenrod (Solidago spp.), cudweed (Gamochaeta pensylvanica), Mexican clover (Richardia brasiliensis), broomsedge (Andropogon spp.), greenbriar (Smilax spp.), common ragweed (Ambrosia artemisiifolia), bracken fern (Pteridium aquilinum), rose natalgrass (Melinis repens), lovegrass (Eragrostis spp.), dog fennel (Eupatorium capollifolium), caesarweed (Urena lobate), muscadine grapevine (Vitis rotundifolia), blackberry (Rubus cuneifolius), lantana (Lantana camara), pepperweed (Lepidium campestre), beggarticks (Bidens alba), crowfootgrass (Dactyloctenium aegyptium), and hairy indigo (Indigofera hirsute).

The parcel lies in the northeast part of Volusia County, is 79.23 acres in size, and is currently undeveloped. The property abuts Strickland Range Road on the North, North Williamson Boulevard on the east, and Daytona State College is lies adjacent on the southeast corner. The remainder of the property abuts undeveloped land. Interstate 95 lies 0.14 mile to the west of the project site.

PROPOSED WORK: The applicant seeks after-the-fact authorization to retain and maintain the discharge of fill material in 37.86 acres of waters of the United States and seeks authorization for the proposed discharge of fill material in 2.08 acres of waters of the United States all in association with the construction of a commercial distribution center.

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 reports alternate site plans and reconfigurations were done to minimize impacts, but due to the required magnitude and size of the proposed distribution center, wetland impacts would be unavoidable.

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

The applicant proposes to offset impacts through the purchase of mitigation bank credits from a Federally-approved wetland mitigation bank.

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES:

The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.

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 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’s Water Management Districts.

COMMENTS regarding the potential authorization of the work should be submitted in writing to the attention of the District Engineer through the Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019 within 30 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, Dianne Griffin, in writing with the Enforcement Section, Post Office Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at Dianne.S.Griffin@usace.army.mil; by facsimile transmission at 904-232-1904; or, by telephone at 904-232-3697.

ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.

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.

Jacksonville District permit public notice U.S. Army Corps of Engineers USACE Volusia County