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 – Solid Waste Division
c/o Mr. Leonard Marion
1990 Tomoka Farms Road
Port Orange, FL 32128
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Upper Tomoka River Hydrologic Basin (12-digit Hydrologic Unit Code (030802010202) and the Spruce Creek Hydrologic Basin (12-digit Hydrologic Unit Code (030802010101). This project is located west of Tomoka Farms Road and south of I-4 in Port Orange, Florida. The project is further located in Sections 9, 10, 15 and 16, Township 16 South, Range 32 East, Volusia County, Florida.
Directions to the site are as follows: From I-95 take US 17-92 exit (Daytona Beach) west to the intersection with Tomoka Farms Road and turn south, travel 2.75 miles to the site on the west side of the road.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.12488°
Longitude -81.09198°
PROJECT PURPOSE:
Basic: Landfill Expansion.
Overall: Expand the Volusia County Tomoka Farms Landfill in Volusia County, Florida.
HISTORY: The project site was previously permitted under SAJ-1997-07654 in 1999 for an industrial park as part of the existing Volusia County Tomoka Farms Landfill. There were fill impacts to wetlands and appropriate mitigation that was completed to offset the impacts. However, the industrial park was not completed, the stormwater infrastructure was constructed (including ponds and outfalls), and the land was cleared and is being utilized for landfill staging activities. A certain amount of wetlands were left when the basic land manipulation was accomplished. Those wetlands remain today, however, due to the ongoing activities at the site, they are considered low quality.
EXISTING CONDITIONS: As previously stated above, this site was previously permitted and construction activities had begun, but were not completed. The land is primarily in a cleared and maintained state with several stormwater ponds and some ditching. There are a few wetland areas that remain, however, they are degraded and of low quality. The adjacent parcels consist of the existing landfill, more holding ponds, an FPL easement and high power lines, and some areas of natural vegetation primarily in the pine flatwoods community. There are several ditches that have drained the area over the years, and the area has seen some alteration by silviculture and agricultural activities.
PROPOSED WORK: The applicant seeks authorization to fill 9.52 acres of waters of the U.S. (low quality wetlands), for the construction of the Southeast Cell of the existing landfill. All the surface waters that will be impacted are part of the stormwater management system and are therefore non-jurisdictional to the Corps.
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 Tomoka Farms Road Landfill (TFRL) represents the only disposal facility within Volusia County permitted for the disposal of Class I waste materials (e.g. household garbage). The TFRL also receives and disposes of Class III waste materials (primarily construction and demolition materials) and provides ancillary operations and facilities for the management of household hazardous waste, waste tires, yard waste, and scrap metal (white goods).
Volusia County has made economic, social, and environmental evaluations as part of a thorough site selection process. It was decided to take advantage of the current TFRL facility, including the existing and extensive site infrastructure, secondary and local road network, equipment and power systems, water and groundwater management systems, and operations and maintenance programs. The expansion of the current facility achieves synergy with the County’s existing solid waste system as well as the current facility operations, and minimizes social, environmental and economic impacts to the area. Increasing the disposal capacity by expanding the current TFRL facility is far more sustainable and economically beneficial to the County than developing a green field site.
In reviewing the options for developing an expansion of the TFRL on adjoining County property, Interstate 4 bounds the property to the north, Tomoka Farms Road (CR 415) and Interstate 95 bounds the property to the east, and extensive swamp and hardwood forest associated with Tiger Bay and Bennett Swamp bound the property to the west. The southern boundary however is a cleared area where an industrial park was to be located. This makes the adjacent southward landfill expansion the preferred alternative for the facility.
The proposed Southeast Expansion Landfill at the TFRL facility provides Volusia County a vital component of a sustainable long-term solution for solid waste management in the County. The proposed landfill expansion area allows the County to continue to utilize the County’s investment in the facility utilities, equipment, roadways, and solid waste-specific infrastructure.
In addition, for the proposed development area immediately to the south, the adjacent wetlands have been separately assessed by USACE and FDEP, and determined to be of lower functional value than other wetlands in the area. Furthermore, Volusia County has identified the more sensitive and higher functioning eastern hardwood swamp strands that convey surface water flows north to the Tomoka River and south to Spruce Creek were selected early for avoidance and preservation. These wetlands will not be impacted by the proposed landfill expansion site to the south in the previously proposed industrial park area.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“To assure the proposed wetland impacts are being adequately offset, the applicant is proposing to purchase mitigation credits from a regionally significant 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 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 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 burrows, 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 have no 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 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 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.