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) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:
State of Florida DEP Park Service
Attn: Mr. Phil Rand
2099 N Beach Street
Ormond Beach, Florida 32174
WATERWAY AND LOCATION: Approximately 2600 feet of shoreline within the Tomoka State Park would affect waters of the United States associated with the Daytona-St. Augustine subbasin (HUC 03080201). The project midpoint is located at approximately 29.352247°, -81.090242° in Section 42, Township 13 South, Range 32 East in Volusia County, Florida.
Directions to the site are as follows: From I-95 take exit 273 for US-1 toward Ormond Beach/Bunnell (0.3mi). Turn left onto US-1 (0.8mi). Turn left onto Pine Tree Dr. (0.2mi). Turn right onto N Beach St. (0.7mi). Turn left at Park entrance (50ft).
APPROXIMATE CENTRAL COORDINATES:
Basic: Shoreline stabilization
Overall: Implement living shoreline techniques, using planted mangroves, smooth cordgrass, and oyster substrate, to restore an eroded area along the shoreline of Tomoka State Park.
PROPOSED WORK: 2600 linear feet of shoreline stabilization.
AVOIDANCE AND MINIMIZATION INFORMATION – The project utilizes established living shoreline methodology and is considered a restoration project.
COMPENSATORY MITIGATION – Mitigation is not required as the project is considered restoration.
The Corps determined the proposed project would have no potential to cause effect to historic properties. There are known cultural resource sites located within the permit area, however, through previous coordination for another shoreline stabilization project, it was determined by SHPO and the Tribes, that installation of shoreline protection including living shorelines with no excavation are of such limited nature and scope that there is little likelihood of impinging on a historic property even if such property were to be present within the permit area.
Wood Stork: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork and its designated critical habitat. The Corps completed an evaluation of the project based upon the US Fish and Wildlife Service (FWS) North Florida Ecological Services Field Offices Programmatic Concurrence for use with the Wood Stork (September 2008). Use of the Key for Wood Stork resulted in the following sequential determination: A (The project is l than 2,500 feet from a colony site.) > B (Project impacts SFH) >C (Impacts to SFH < 0.5 acres) = “not likely to adversely affect” for wood storks. The Corps has FWS concurrence for the proposed activities through the use of the aforementioned determination key.
Eastern Indigo Snake: The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake and its designated critical habitat. Based upon review of the Corps and Service’s Eastern Indigo Snake Programmatic Effect Determination Key (dated August 13, 2013), the proposed project resulted in the following sequential determination: A (The project is located in open water or salt marsh.) = “no effect” for the Eastern indigo snake. No further consultation was required.
West Indian Manatee: The RAR report identified the work area as part of the Manatee consultation area. The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013. Use of this key resulted in the sequence A (project in waters accessible to manatees) ->B (Project other than those listed) -> C (Project in an IMA) -> D (Project does not include dredging)-> G (Project does not provide new access) -> N (Project impacts to SAVs will have beneficial, insignificant, discountable or no effects on the manatee) -> O (Project proponent elects to follow standard manatee conditions for in water work) -> P (shoreline stabilization) = May Affect, Not Likely to Adversely Affect. The Corps partially based this determination on the implementation of the Standard Manatee Conditions for In-Water Work, 2011, which the applicant agreed to implement. No further consultation was required.
The Corps will coordinate with the National Marine Fisheries Service (NMFS) through their US Army Corps of Engineers Jacksonville District Programmatic Biological Opinion (JAXBO) program for concurrence of a may affect, not likely to adversely affect determination. No further consultation will be required.
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. The RAR report identified the work area as EFH for shrimp, snapper, and grouper. 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 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 Engineer through the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 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, Brandon J. Conroy, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida 32926; by electronic mail at email@example.com; by facsimile transmission at (321) 504-3803; or, by telephone at (504) 321-3771 x11.
IMPACT ON NATURAL RESOURCES: 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.
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 or 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 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 determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. 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.