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: County of Volusia
123 West Indiana Avenue, Room 302
DeLand, FL 32720
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Deep Creek South – St. Johns River Hydrologic Basin (10-digit Hydrologic Unit Code (0308010112)), the Puzzle Lake – St. Johns River Hydrologic Basin (10-digit Hydrologic Unit Code (0308010109)), and the Indian River Lagoon Hydrologic Basin (10-digit Hydrologic Unit Code (0308020203)). This phase of the project will run along Maytown Road from Gobbler’s Lodge Road to Maytown Spur Road, and from the Brevard County Line to Cow Creek along Cow Creek Road located near Edgewater, Florida. The project is further located in Sections 16, 17, 18, 21, 22, 23, 24, 25, Township 19 South, Range 33 East; Sections 21, 28, 29, 30, 31, 32, 39, 44, Township 19 South, Range 34 East; and Sections 8, 16, 17, 20, 21, 43, 47, Township 18 South, Range 34 East,. Volusia County, Florida.
Directions to the site are as follows: From I-95 take SR 442 east to Cow Creek Road and travel south about 0.5 miles to trailhead on west side of road to access the north end of the project. From US-1 in Oak Hill, take Halifax Road (Maytown Road) west, as you approach I-95 the project picks up running parallel to the road and follows the road path (mostly) to Gobbler’s Lodge Road. There is a spur that runs south down Maytown Spur Road to the Brevard County line.
APPROXIMATE CENTRAL COORDINATES:
North End
Latitude 28.9442°
Longitude -80.9431°
South End
Latitude 28.8453°
Longitude -81.0605°
PROJECT PURPOSE:
Basic: Recreational Trail.
Overall: Construct Phases 4 and 5 of the Volusia County Rails to Trails project in Volusia County, Florida.
EXISTING CONDITIONS: This phase of the project, like the other phases, follows the old railway bed that runs through primarily undeveloped woodlands. The trail runs through various habitat types, these community types are listed utilizing the Florida Land Use, Cover and Forms Classification System (FLUCFCS) handbook, created by the Florida Department of Transportation Surveying and Mapping Office Thematic Mapping Section. The communities are: pine flatwoods, coniferous plantations, wetland hardwood forests, stream and lake swamps, mixed wetland hardwoods, cypress, wet coniferous forests, wetland forested mixed, cypress-pine-cabbage palm, non-forested wetlands, and of course the abandoned railway. There are several small ditches that parallel the railway as well, and the trail will cross three larger drainage ways; one associated with Deep Creek and the other two with Cow Creek/Little Cow Creek.
PROPOSED WORK: The applicant seeks authorization to construct a 20-mile long segment of the Rails-to-Trails project. This is the last segment to be constructed, and will be a 12-foot wide asphalt multi-use trail with bridged sections over certain waters, like the previously authorized sections. The proposed work will require the filling of 0.82 acres of wetlands (waters of the U.S.) and the temporary impact of 0.52 acres of wetlands (waters of the U.S.).
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:
“Several design elements (bridges, boardwalks, etc.) and other considerations were utilized to avoid and minimize wetland impacts to the greatest extent practical in the currently proposed project design. Careful consideration was given to minimize wetland impacts while maintaining necessary requirements to meet project objectives. The minor “edge” wetland impacts were necessary to maintain safe bank slopes, for public safety. Furthermore, the proposed work will be conducted utilizing Best Management Practices (BMPs) for erosion and turbidity control.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To compensate for the proposed impacts, the applicant proposes the purchase of 0.99 WRAP freshwater wetland credits from Farmton Mitigation Bank.”
CULTURAL RESOURCES: The Florida East Coast railroad corridor is in itself a historic/cultural feature. Although railroad infrastructure on most of the corridor was removed in the 1960s, several historic features are still associated with the corridor, including the original earthen berm of soil and lime rock ballast. A systematic archaeological survey was completed for the Volusia County section of the trail by SEARCH, Inc. in 2010. Archaeologists did record the bridge crossings; however, none of them were considered eligible for listing by the State Historic Preservation Officer (SHPO). The results of the report indicated that there were no cultural resource issues associated with the project. By copy of this public notice, the Corps is providing information for review by SHPO. Our final determination relative to historic resource impacts is subject to review by and coordination with SHPO 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, the wood stork (Mycteria americana) and Eastern indigo snake (Drymarchon corais couperi).
The proposed activity is not within a Core Foraging Area (CFA) of a wood stork rookery; the project supports marginally Suitable Foraging Habitat (SFH) for wood stork, and the proposed impacts within suitable habitat will be less than 0.5 acres. 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 = “may affect but is not likely to adversely affect”. 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>D>E = “may affect but is not likely to adversely affect”. The project will impact less than 25 acres of xeric habitat, however, the project does support more than 25 active and inactive gopher tortoise burrows. The permit will be conditioned so that all gopher tortoise burrows, active or inactive, will be evacuated prior to site manipulation in the burrow vicinity. The applicant has obtained a valid gopher tortoise relocation permit that also addresses the potential occurrence of an Eastern Indigo Snake. The permittee agrees to use the Standard Protection Measures for the Eastern Indigo Snake (dated August 12, 2013). 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 not 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 Water Management Districts.
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 15 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.