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.

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.

SAJ-2015-02761 (MOD-JCP)

Published May 29, 2018
Expiration date: 6/19/2018
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:

Mr. Richard Smith
3479 West Vine Street
Kissimmee, FL 34741

WATERWAY AND LOCATION: The Mosaic 2 project would affect waters of the United States associated with the Tomoka River Hydrologic Basin (10-digit Hydrologic Unit Code (0309020102)). The project site is located west of LPGA Boulevard and north of Father Lopez Catholic School in portions of Sections 19-20, 29-30, Township 15S, Range 32E, Daytona Beach, Volusia County, Florida.

Directions to the site are as follows: From the intersection of I-95 and LPGA Blvd., travel west and south on LPGA Blvd past Tournament Drive, the site is on the west side of the road.

Latitude 29.1796°
Longitude -81.1229°


Basic: Residential Development.

Overall: Residential Development near the I-95 and LPGA Boulevard corridor in Volusia County.

EXISTING CONDITIONS: The project area currently includes the following land use types/vegetative communities:

211 – Cropland and Pastureland (Hay fields): This category includes a small portion of the site at the north end, which is an existing hay field. Historically, a portion of this site was under silviculture activities with planted pine, and around 2006 was converted to hay fields. The hay field area is comprised of scattered cabbage palm (Sabal palmetto), saltbush (Baccharis halimifolia), dogfennel (Eupatorium capillifolium), bahiagrass (Paspalum notatum), pepperweed (Lepidium virginicum), blackberry (Rubus pensilvanicus), thistle (Cirsium spp.), broomsedge (Andropogon spp.), caesarweed (Urena lobata), muscadine grapevine (Vitis rotundifolia), beggarticks (Bidens alba), flat-top goldenrod (Euthamia caroliniana), brackenfern (Pteridium spp.), flatsedge (Cyperus spp.), fleabane (Erigeron spp.), and cogon grass (Imperata cylindrica).

411 – Pine Flatwoods: A majority of the upland area is most consistent with the Pine Flatwoods (411) FLUCFCS classification. Vegetation observed within this community type includes slash pine (Pinus elliottii), longleaf pine (Pinus palustaris), cabbage palm (Sabal palmetto), loblolly bay (Gordonia lasianthus), saw palmetto (Serenoa repens), winged sumac (Rhus copallina), dog fennel (Eupatorium capillifolium), broomsedge (Andropogon virginicus), wax myrtle (Myrica cerifera), wiregrass (Aristida stricta), gallberry (Ilex glabra), cinnamon fern (Osmunda cinnamomea), and bog button (Lachnocaulon anceps). This area was also historically under silviculture activities.

510 – Streams and Waterways (Ditches): There is a large ditch/canal known as Thayer Canal at the south end of the property.

630 – Mixed Forested Wetland: The majority of the western half of the site is comprised of a forested wetland system that is most consistent with the Wetland Forested Mixed (630) FLUCFCS classification. Vegetation observed within this community type includes bald cypress (Taxodium distichum), slash pine (Pinus elliottii), loblolly bay (Gordonia lasianthus), dahoon holly (Ilex cassine), pond pine (Pinus serotina), saw palmetto (Serenoa repens), gallberry (Ilex glabra), wax myrtle (Myrica cerifera), cinnamon fern (Osmunda cinnamomea), yellow-eyed grass (Xyris flabelliformis), St. Johns wort (Hypericum fasciculatum), chalky bluestem (Andropogon virginicus), and Carolina redroot (Lachnanthes caroliana).

640 – Vegetated Non Forested Wetlands: Two (2) small herbaceous wetland systems exist within the project site. These areas are most consistent with the Vegetated Non-Forested Wetlands (640) FLUCFCS classification. Vegetation observed within this wetland system includes Virginia chain fern (Woodwardia virginica), cinnamon fern (Osmunda cinnamomea), bog button (Lachnocaulon anceps), yelloweyed grass (Xyris flabelliformis), St. Johns wort (Hypericum fasciculatum), bushy bluestem (Andropogon glomeratus), chalky bluestem (Andropogon virginicus), Carolina redroot (Lachnanthes caroliana), dahoon holly (Ilex cassine), pond pine (Pinus serotina), and wax myrtle (Myrica cerifera),

PROPOSED WORK: The applicant seeks authorization to fill 10.51 acres of waters of the United States to construct the next phase of the Mosaic residential development. The construction includes residential lots, stormwater management ponds, and infrastructure. Access to the development will occur from the north (existing development) with an emergency access from the east.

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:

“In considering alternative site plans with respect to the elimination or reduction of wetland impacts, it is believed that the provisions of the Clean Water Act Section 404(b)(1) Guidelines have been met. The proposed project design will include certain unavoidable impacts to wetland systems. These impacts are required to facilitate basic design requirements, including roadway access to major roadways, roadway alignments with existing and previously approved roadways, minimum roadway turning radii to meet minimum safety requirements, and other design characteristics necessary to meet local, regional and other agency requirements.
The submitted design requires some wetland impacts that could not be practicably avoided. The impacts are limited to the small, isolated wetland system and the outer edge of the large wetland system. The proposed wetland impacts are to low quality systems that have been impacted by past timbering activities on the subject property. To minimize impacts to resources, the project design was modified several times so as to preserve the highest-functioning wetland areas and direct any unavoidable impacts to areas of lower-quality wetlands and smaller wetlands that would be extremely difficult to maintain in any post-development setting.
The largest single impact from the proposed site plan eliminates the projecting wetland arm of Wetland 1. This 8.62-acre impact is unavoidable due to the roadway design and alignment with the Bayberry site plan off-site to the north. The proposed development has been designed in conjunction with the Bayberry site plan for accommodating a new entrance road to LPGA Boulevard and additional homes along the extended roadways. All site plan iterations included the elimination of the Wetland 1 arm as the roadway connectivity required a large impact due to the right-of-way width.”

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

“The mitigation to offset the adverse effects from all unavoidable impacts will require the purchase of off-site federal credits from Farmton Mitigation Bank, located within the Halifax River basin.”

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, 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.