Public Notice Notifications

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

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SAJ-2018-00999 (SP-JCP)

Published Nov. 29, 2018
Expiration date: 12/20/2018
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: Daytona Beach International Airport
Volusia County
Mr. James Dinneen
123 West Indiana Avenue
DeLand, FL 32720

WATERWAY AND LOCATION: The Daytona Beach International Airport (DBIA) – South Parcel Expansion project would affect waters of the United States (WOUS) associated with the Tomoka River Hydrologic Basin (10-digit Hydrologic Unit Code (0309020102)). The project site is located east of Williamson Blvd and north of Beville Road at the existing Daytona International Airport in Section 25 and 36, Township 15S, Range 32E, Daytona Beach, Volusia County, Florida.

Directions to the site are as follows: From the intersection of I-95 and International Speedway Blvd. (ISB), travel east on ISB to Williamson Blvd, turn south, turn left (east) onto Beville Road, the site is on the north side of the road.

APPROXIMATE CENTRAL COORDINATES:
Latitude 29.16887°
Longitude -81.05478°

PROJECT PURPOSE:

Basic: Airport/Commercial Expansion.

Overall: Airport/Commercial Expansion at the existing Daytona Beach International Airport in Volusia County.

EXISTING CONDITIONS: Much of the project area is maintained as pasture, with a portion still in natural vegetation, although some of that has been logged through silviculture activities over the years. The project area currently includes the following land use types/vegetative communities:

211 – Improved Pasture: This category is composed of land which has been cleared, tilled, reseeded with grass and is periodically improved with brush control and fertilizer applications.
411 – Pine Flatwoods: This community is found over a portion the uplands on site, and is dominated by Slash Pine (Pinus elliottii) in the canopy. The subcanopy consists of a mix of Wax Myrtle (Myrica cerifera), Cabbage Palm (Sabal palmetto), and juvenile canopy species. The groundcover is dominated by Saw Palmetto (Serenoa repens), with other components of Gallberry (Ilex glabra), Bracken Fern (Pteridium aquilinum), and juvenile canopy and subcanopy species.
414 – Pine-Mesic Oak: This community is found in a portion of the uplands on the northern portion of the site. The canopy is dominated by a mix of Slash pine (Pinus elliottii), Live oaks (Quercus virginiana) and Laurel Oaks (Quercus laurifolia). The subcanopy is dominated by a mix of Cabbage palm (Sabal palmetto), Yaupon Holly (Ilex vomitoria), and Wax Myrtle (Myrica cerifera). The groundcover is dominated by juvenile Cabbage palm and Saw Palmetto (Serenoa repens), Gallberry (Ilex glabra), Bracken fern (Pteridium aquilinum), and juvenile canopy and subcanopy species.
427 - Live Oak: This community is found over a portion of the uplands that are on site, and is dominated by mature Live Oaks (Quercus virginiana) and Laurel Oaks (Quercus laurifolia) in the canopy. There are some minor amounts of other species also present in this community, which includes Pignut Hickory (Carya glaba), and Southern Magnolia (Magnolia grandiflora). The subcanopy consists of Cabbage Palm (Sabal palmetto), Yaupon Holly (Ilex vomitoria), and Wax Myrtle (Myrica cerifera). The groundcover is scattered with Saw Palmetto (Serenoa repens), Gallberry (Ilex glabra), Bracken Fern (Pteridium aquilinum), and juvenile canopy and subcanopy species.
510 – Streams and Waterways: This classification is for the series of ditches that occur on site. These areas have been classified as surface waters. The ditches are primarily drainage ways with minimal vegetation.
617 – Mixed Wetland Hardwoods: This community is found over a portion of the wetlands that occur on site. This system is dominated by a mix of various forested species in the canopy such as Red maple (Acer rubrum), Sweetgum (Liquidambar styraciflua), Sugarberry (Celtis laevigata), Dahoon Holly (Ilex cassine) and Swamp Tupelo (Nyssa sylvatica). The groundcover is dominated by various ferns such as Netted Chain Fern (Woodwardia areolata), Virginia Chain fern (Woodwardia virginica), and Cinnamon fern (Osmunda cinnamomea).
620 - Wetland Coniferous Forests: This community is found over a portion of the wetlands that occur on site. This system is dominated by a mix of Slash pine and Bald Cypress (Taxodium distichum) and the subcanopy is dominated by young Slash pine and Bald Cypress mixed with Wax myrtle. The groundcover mainly consists of St. Johns wort (Hypericum fasciculatum), Blue maidencane (Amphicarpum muhlenbergianum), Red root (Lachnanthes caroliniana), Bog buttons (Eriocaulon spp.), and Yellow-eyed grass (Xyris spp.).
621 - Cypress: This community occurs in the deeper parts of the wetlands, and is dominated by Cypress in the canopy, with juvenile Cypress, Tupelo (Nyssa sylvatica), Dahoon holly (Ilex cassine), and Wax myrtle in the subcanopy. The groundcover is dominated by a mix of various wetland plants including several species of Rushes (Juncus spp.), Sedges (Carex spp.), Panic grasses (Panicum spp.), Beakrushes (Rhynchospora spp.), St. Johns wort (Hypericum spp.), and other supporting wetland species.
625 – Hydric Pine Flatwoods: This community is found over a portion of the wetlands that occur on site. This system is dominated by Slash pine and the subcanopy is dominated by young Slash pine mixed with Wax myrtle. The groundcover mainly consists of St. Johns wort (Hypericum fasciculatum), Blue maidencane (Amphicarpum muhlenbergianum), Red root (Lachnanthes caroliniana), Bog buttons (Eriocaulon spp.), and Yellow-eyed grass (Xyris spp.).
643 – Wet Prairies: This community is found small areas adjacent to the existing larger wetland systems on site. Most of these areas are herbaceous or mainly herbaceous, dominated by St. Johns wort and other supporting groundcover species (grasses, sedges, and rushes). Some of the areas have minor amounts of juvenile Slash pine mixing with Wax myrtle.

PROPOSED WORK: The applicant seeks authorization to fill 9.422 acres of WOUS (6.037 acres of wetlands and 3.385 acres of surface waters (ditches)) and excavate 3.672 acres of WOUS (2.284 acres of wetlands and 1.388 acres of surface waters (ditches)) to construct the expansion of the DBIA – South expansion project. The construction includes the expansion of the existing airport property to the south with airport related commercial and industrial development with stormwater management areas, land management, and infrastructure.

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:

(Per the applicant’s environmental assessment)
“The project site consists of cleared grassed in-field areas on an active airport and undeveloped upland and wetland areas that have been historically ditched and drained for agriculture. There are many areas where the SJRWMD claimed wetland jurisdiction where they are not considered jurisdictional by the Corps. As an example, areas WL NO. 3 and WL NO. 7 are totaling approximately 38 acres in size, are being preserved, but they are not claimed as jurisdictional by the Corps. These areas also represent the most diverse habitat on the site and least impacted. WL NO. 3 consists of cypress and hydric pine flatwoods. WL NO. 7 includes hydric pine flatwoods, cypress, wetland coniferous forest and wet prairie habitat within a single system. The drainage system has been designed to mimic pre-construction conditions to minimize hydrologic effects on these systems. The other on-site wetlands and surface waters are small, more disturbed systems primarily due to cattle grazing or by ditching. Thus, further reducing the value of these systems. To achieve the overall project purpose, additional avoidance and minimization to wetlands are not feasible. There are approximately 65 acres of wetlands (Jurisdictional and non-jurisdictional) on the site and the applicant is proposing to preserve 33.01acres (58.5%) of the on-site wetlands.”

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

“Compensatory mitigation for unavoidable wetland impacts will consist of mitigation at a Corps approved mitigation bank. On-site mitigation is not proposed. The final mitigation numbers will be developed following the Corps’ review of the UMAM scores. The applicant proposes to purchase 8.2 federal mitigation bank credits.”

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 proposed project may affect, but is not likely to adversely affect, wood stork (Mycteria americana) and Eastern indigo snake (Drymarchon corais couperi).

The proposed activity is not within the Core Foraging Area (CFA) of a wood stork rookery; the project supports marginally Suitable Foraging Habitat (SFH) for wood stork. Based on the Effect Determination Key for the Wood Stork in Central and North Peninsular Florida (dated September 2008), the Corps determination sequence was A>B>C>D>E = “may affect but is not likely to adversely affect”. The determination is supported by SFH compensation provided within the service area of a mitigation bank, and provides an amount of habitat and foraging function equivalent to that of impacted SFH; and is not contrary to the Service’s “Habitat Management Guidelines for the Wood Stork in the Southeast Region”. No further consultation is required.

Based on the Eastern Indigo Snake Effect Determination Key (dated January 25, 2010; August 13, 2013 Addendum), the Corps determination sequence resulted in A>B>C = “may affect but is not likely to adversely affect”. This determination is based on the project not being located in open water, the applicant adhering to the “Standard Protection Measures for the Eastern Indigo Snake” (dated August 12, 2013) and the absence of gopher tortoise, holes, and refugia within the work area where a snake could be buried or trapped and injured during project activities. No further consultation is required.

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

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH. Our final determination relative to project impacts and the need for mitigation measures is subject to review by and coordination with the National Marine Fisheries Service.

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 is required from the SJRWMD.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District through the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926 within 21 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, John Palmer, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, FL 32926, by electronic mail at John.Palmer@usace.army.mil, by fax at (321) 504-3803, or by telephone at (321) 504-3771, extension 10.

IMPACT ON NATURAL RESOURCES: Preliminary review of this application indicates that an Environmental Impact Statement will not be required. 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. By means of this notice, we are soliciting comments on the potential effects of the project on threatened or endangered species or their habitat

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 of 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 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.

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.