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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-2018-01761 (SP-JCP)

Published June 27, 2019
Expiration date: 7/15/2019

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:           American SW-30 Investments, LLC

                                Andre Michael Vidrine, Program Manager

                               PO Box 1391

                               Winter Park, FL 32790

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Tomoka River Hydrologic Basin (10-digit Hydrologic Unit Code (0308020102).  The project is located on LGPA BLVD. and west of I-95 in Daytona Beach, Volusia County, Florida. The project is further located in Sections 21, 28, 29, 32, and 33; Township 15 South; Range 32 East.

 

Directions to the site are as follows:  From Interstate 4 take I-95 north to W. International Speedway Boulevard. Travel west on W. International Speedway Boulevard for 1.95 miles to LPGA Boulevard. Head north on LGPA Boulevard for 1 mile and site will be on east side of road.

 

APPROXIMATE CENTRAL COORDINATES: 

Latitude:        29.165519°

Longitude:    -81.118856°

 

PROJECT PURPOSE:           

Basic: Residential Development

Overall:  Construct a residential development in the LPGA Boulevard corridor of Daytona Beach, Volusia county, Florida.

 

Existing Conditions:  The site consists of forested wetlands, planted pines, and agricultural fields used for hay production.  The site has been heavily manipulated by agricultural use. 

PROPOSED WORK:  The applicant seeks authorization to fill 4.48 acres of waters of the U.S. (WOUS) for the construction of the proposed residential development. The proposed construction includes infrastructure, residential development, and stormwater management facilities.

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: 

“Several iterations of development plans were explored to create the least impactful plan while maintaining the integrity of the applicant’s proforma.  To reduce wetland impacts the applicant eliminated lots and roadways located in wetlands.  Based on the construction plans provided, it is believed that all avoidance and/or minimization efforts with respect to the project’s direct wetland and surface water impacts have been demonstrated.

The applicant will implement and maintain erosion and sediment control measures both prior to and during the proposed project. This practice will ensure that no adverse water quality impacts to receiving waters and adjacent lands will occur during the proposed work. Control measures will retain sediment on-site and prevent potential violations of State standards. Practices incorporated will be in accordance with Chapter 6 of the Florida Land Development Manual: A Guide to Sound Land and Water Management.”

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

“Mitigation to offset the functional losses incurred via the projects 4.48 acres of direct wetland impacts and 1.01 aces of secondary impacts consist of the purchase or 3.01 federal mitigation credits from the Farmton Mitigation Bank.”

CULTURAL RESOURCES:  The US Army Corps of Engineers (Corps) is not aware of any known historic properties within the permit area.  The Florida Division of Historical Resources issued a letter indicating that the proposed project is unlikely to affect historic properties on August 28, 2018.  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 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, John Palmer, in writing at the Cocoa Permits Section, 400 High Point Drive, Suite 600, Cocoa, Florida, 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.