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: Minto Communities - USA
Mr. Brian Cale
4042 Park Oaks Boulevard, Suite 450
Tampa, FL 33610
Consolidated Tomoka Land Company
Mr. Scott Bullock
1140 North Williamson Blvd, Suite 140
Daytona Beach, FL 32114
WATERWAY AND LOCATION: The Minto – Tract A 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 north and west of LPGA Boulevard and south of SR 40 in Sections 1, 2, 6, 27, 34-36, Townships 14-15S, Range 31-32E, Daytona Beach, Volusia County, Florida.
Directions to the site are as follows: From the intersection of I-95 and SR 40, travel west on SR 40 approximately 2.3 miles, the main access is located on the south side of the road along the power line corridor.
APPROXIMATE CENTRAL COORDINATES:
Latitude 29.24053°
Longitude -81.14363°
PROJECT PURPOSE:
Basic: Residential Development.
Overall: Residential Development near the I-95 and SR 40/LPGA Boulevard corridor in Volusia County.
EXISTING CONDITIONS: The project area currently includes the following land use types/vegetative communities:
215 – Cropland and Pastureland (Hay fields): The majority of the interior of the subject site is open land currently used for agricultural hay production and consists primarily of grasses. This land use/vegetative community is best characterized by the Field Crops (215) FLUCFCS classification. This is a maintained community remaining after the silviculture and habitat conversion activities. Vegetation observed within this community type includes rattlebox (Sesbania punicea), beggarticks (Bidens alba), thistle (Carduus nutans), broomsedge (Andropogon virginicus), Mexican clover (Richardia brasiliensis), common ragweed (Ambrosia artemisiifolia), rose natalgrass (Melinis repens), vaseygrass (Paspalum urvilli), lovegrass (Eragrostis spp.), yellow bristlegrass (Seatria parviflora), bahiagrass (Paspalum notatum), bermudagrass (Cynodon dactylon), crabgrass (Digitaria serotina), hairy indigo (Indigofera hirsuta), dogfennel (Eupatorium capillifolium) and caesarweed (Urena lobata).
320 – Shrub and Brushland: The remaining native uplands within the project are populated primarily with scrub species, saw palmetto (Serenoa repens) and open sand. This land use/vegetative community is best characterized by the Shrub and Brushland (320) FLUCFCS classification. This is a regenerative community remaining after the silviculture and habitat conversion activities. Vegetation observed within this community type includes sand live oak (Quercus geminata), live oak (Quercus virginiana), slash pine (Pinus ellottii), loblolly bay (Gordonia lasianthus), winged sumac (Rhus copallinum), saw palmetto (Serenoa repens), fetterbush (Lyonia lucida), gallberry (Ilex glabra), American beautyberry (Callicarpa americana), bracken fern (Pteridium aquilinum), beggarticks (Bidens alba), crowfootgrass (Dactyloctenium aegyptium), dogfennel (Eupatorium capillifolium), hairy indigo (Indigofera hirsuta), shiny blueberry (Vaccinium myrsinites), and bahiagrass (Paspalum notatum).
441 – Coniferous Plantations: Mainly located in the southwest portion of the subject site are upland areas of planted pines which appear to be periodically logged. This land use/vegetative community is best characterized by the Coniferous Plantations (441) FLUCFCS classification. Vegetation observed within this community type includes slash pine (Pinus ellottii), loblolly bay (Gordonia lasianthus), saw palmetto (Serenoa repens), bracken fern (Pteridium aquilinum), bahiagrass (Paspalum notatum) and bermudagrass (Cynodon dactylon).
832 – Electrical Power Transmission Lines: There is one (1) strip of area which contains electrical power lines and a dirt access road which extends north to south across the center of the site. This land use/vegetative community is best characterized by the Electrical Power Transmission Lines (832) FLUCFCS classification. Vegetation observed within this community type includes broomsedge (Andropogan virginicus), crowfootgrass (Dactyloctenium aegyptium), bahiagrass (Paspalum notatum) and bermudagrass (Cynodon dactylon).
510 – Streams and Waterways (Ditches): The project site contains multiple drainage paths between forested and herbaceous wetlands throughout the property. These drainage ways would be best characterized by the Streams and Waterways (Ditch) (510) FLUCFCS classification. Vegetation observed within this community type includes dotted smartweed (Polygonum punctatum), chalky bluestem (Andropogon virginicus), waterhyssop (Bacopa monnieri), dogfennel (Eupatorium capillifolium), bahiagrass (Paspalum notatum), common ragweed (Ambrosia artemisiifolia), St. John’s wort (Hypericum perforatum), maidencane (Panicum hemitomon) and broomsedge (Andropogan virginicus).
624 – Cypress-Pine-Cabbage Palm: The most predominant forested wetland community on the site is comprised mainly of cypress and pine, and is found throughout the site. This land use/vegetative community type is best characterized by the Cypress-Pine-Cabbage Palm (624) FLUCFCS classification. Vegetation observed within this community type includes bald cypress (Taxodium distichum), swamp tupelo (Nyssa sylvatica), loblolly bay (Gordonia lasianthus), dahoon holly (Ilex cassine), pond pine (Pinus serotina), slash pine (Pinus ellottii), Chinese tallowtree (Triadica sebifera), wax myrtle (Myrica cerifera), fetterbush (Lyonia lucida), maidencane (Panicum hemitomon), St. John’s wort (Hypericum perforatum), sawgrass (Cladium jamaicense), cinnamon fern (Osmunda cinnamomea), Virginia chain fern (Woodwardia virginica), savanna iris (Iris savannarum), pale meadow beauty (Rhexia mariana), starrush whitetop (Rhynchospora colorata), duck potato (Sagittaria latifolia), southern beaksedge (Rhynchospora microcarpa), roadgrass (Eleocharis baldwinii), yellow-eyed grass (Xyris flabelliformis), soft rush (Juncus effusus), bogbutton (Lachnocaulon spp.), yellow hatpins (Syngonanthus flavidulus), maidencane (Panicum hemitomon), dwarf fakahatchee grass (Tripsacum dactyloides), wiregrass (Aristida stricta), chalky bluestem (Andropogon virginicus), Peruvian primrosewillow (Ludwigia peruviana), torpedograss (Panicum repens), caesarweed (Urena lobata), dotted smartweed (Polygonum punctatum), sphagnum moss (Sphagnum andersonianum), and greenbriar (Smilax spp.).
PROPOSED WORK: The applicant seeks authorization to fill 76.07 acres of waters of the United States to construct the Minto – Tract A (unnamed at this time) residential development. The construction includes residential lots, stormwater management ponds, and infrastructure. The applicant is seeking a 20 year permit.
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:
“Every effort was made to avoid and minimize wetland impacts to the greatest extent practicable. The applicant proposes impacts to 76.07 acres of existing wetlands of which 14.53 acres of those wetlands were previously impacted and identifies for restoration in the EPA settlement agreement. The landowner has worked with the EPA on resolving outstanding wetland impacts on the site. Resolution to the unauthorized wetland impacts was obtained through the issuance of Administrative Compliance Order on Consent Docket Number: CWA-04-2016-5755. The landowner, CTLC, agreed to restore all wetlands within this parcel until a development plan was created that better defined the extent of impacts.”
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.”
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 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, 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.