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.

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SAJ-2018-00294 (SP-JCP)

Published June 27, 2018
Expiration date: 7/18/2018
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. Ted Serbousek
932 N. Nova Road
Daytona Beach, FL 32117

WATERWAY AND LOCATION: The Subaru of Daytona 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 of the I-95 and US-92 Interchange, and west of Tomoka Farms Road in Section 21, Township 15S, Range 32E, Daytona Beach, Volusia County, Florida.

Directions to the site are as follows: From the intersection of I-95 and US-92 (International Speedway Boulevard (ISB)), travel west on ISB to Tomoka Farms Road, turn north and travel on Tomoka Farms Road approximately 1.25 miles, the project site is on the west side of the road along the power line corridor.

Latitude 29.18481°
Longitude -81.09487°


Basic: Commercial Development.

Overall: Commercial Development near the I-95 and US-92/Tomoka Farms Road corridor in Volusia County.

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

190 – Open Land (Hay fields): The majority 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 Open Land (190) FLUCFCS classification. This is a maintained community remaining after the silviculture and habitat conversion activities. Vegetation observed within this community type includes juvenile slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), saltbush (Baccharis halimifolia), saw palmetto (Serenoa repens), dogfennel (Eupatorium capillifolium), bahiagrass (Paspalum notatum), pepperweed (Lepidium virginicum), blackberry (Rubus pensilvanicus), soft rush (Juncus effusus), thistle (Cirsium spp.), smutgrass (Sporobolus indicus), broomsedge (Andropogon spp.), caesarweed (Urena lobata), muscadine grapevine (Vitis rotundifolia), winged sumac (Rhus copalliunum), lantana (Lantana camara), beggarticks (Bidens alba), common dandelion (Taraxacum ifficinale), slender goldentop (Solidago microcephala), flat-top goldenrod (Euthamia caroliniana), brackenfern (Pteridium spp.), flatsedge (Cyperus spp.), beaksedge (Rhynchospora spp.), nutrush (Scleria spp.), fleabane (Erigeron spp.), heartwing dock (Rumex hastatulus), purple passionflower (Passiflora incarnata), pawpaw (Asimina spp.), cogongrass (Imperata cylindrica), bermudagrass (Cynodon dactylon), Mexican clover (Richardia spp.), crowfootgrass (Dactyloctenium aegyptium), and blazing star (Liatris spp.).

624 – Cypress-Pine-Cabbage Palm: Historically a portion of the subject site contained forested wetland areas that were located in the center of the project site and a separate system that extend off property to the west. Based on historical aerial photographs these are best classified as Cypress-Pine-Cabbage Palm (624), per the FLUCFCS. Vegetative species identified within this land use type include bald cypress (Taxodium distichum), slash pine (Pinus elliottii), cabbage palm (Sabal palmetto), dahoon holly (Ilex cassine), beaksedge (Rhynchospora spp.), gallberry (Ilex glabra), Carolina redroot (Lachnanthes caroliana), Florida yelloweyed grass (Xyris floridana), wax myrtle (Myrica cerifera), blackberry (Rubus cuneifolius), broomsedge (Andropogon spp.), hatpins (Syngonanthus flavidulus), bogbutton (Lachnocaulon beyrichianum), wire grass (Aristida stricta), chalky bluestem (Andropogon capillifolium), St. John’s-wort (Hypericum exile), muscadine grapevine (Vitis rotundifolia), spikerush (Eleocharis spp.), dogfennel (Eupatorium capillifolium), maidencane (Panicum hemitomon), fetterbush (Lyonia lucida), soft rush (Juncus effusus), sedges (Carex spp. and Cyperus spp.), spadeleaf (Centella asiatica), marsh pennywort (Hydrocotyle umbellata), and Virginia chain fern (Woodwardia virginica).

PROPOSED WORK: The applicant seeks authorization to fill 4.32 acres of waters of the United States to construct the Subaru of Daytona commercial development project. The construction includes commercial buildings, stormwater management ponds, 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:

“The proposed project is located in the City of Daytona Beach, on the western side of North Tomoka Farms Road just north of West International Speedway Boulevard (US 92). The proposed project, Subaru of Daytona, is approximately 12.70-acres and is zoned as Acreage Not Zoned Agricultural within Volusia County. As such, the subject site is better suited than surrounding alternative development options, particularly due to its location, current zoning and future land use, utilities, and current ownership when compared to alternative sites. The proposed site plan was developed with specific goals to allow for project feasibility. From a planning perspective of the surrounding areas, the vast majority of these lands consist of comparable land use type (car dealerships). With respect to current zoning, the subject property is zoned as non-agricultural. Additionally; the vast majority of developed lands within the surrounding area are zoned as commercial. The subject site is better prepared than surrounding alternative development options, particularly due to its location, current zoning and future land use, utilities, and its efforts to minimize impacts to ecological communities compared to alternative sites potential impacts. The project’s location was chosen due to its proximity to main, highway roads (I-95, LPGA Blvd, & I-4); thereby supporting access to the surrounding commuting in Daytona Beach. The proposed automotive center is intended to provide automotive sales to its customers. The automotive center is projected to service the east coast of Florida. From a planning perspective of the surrounding area, residential, commercial, and hotel buildings are being constructed to meet the demand for visitors at the Daytona International Speedway and Daytona Airport directly across the highway. Many other automotive dealerships and service centers are located in the immediate area, particularly off of Tomoka Farms Road to the north of the preferred site, making the surrounding area a central Florida destination for automotive related business and a destination for car buyers.”

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 federal mitigation bank credits from the 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 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.