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: r. Charlie Keels
Encore Multifamily
6900 Dallas Parkway 3rd Floor
Plano, TX 75024
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Halifax River. The project site is located west of South Beach Street, east of South Palmetto Avenue, and north of Wilder Boulevard in Daytona Beach, Section 40, Township 15 South, Range 33 East, Volusia County, Florida.
Directions to the site are as follows: From I-95, take exit for US-92 and head east for 1.3 miles and turn south on South Beach Street. Drive south for approximately 1 mile and the project site will be to the west off South Beach Drive.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.191533°
Longitude -81.010436°
PROJECT PURPOSE:
Basic: Multi-family housing development.
Overall: To construct a multi-family housing development in eastern Volusia County.
EXISTING CONDITIONS: The wetland system consists of 4.47-acres of freshwater mixed wetland hardwoods and vegetated non-forested wetlands. The existing area surrounding the proposed activity consists of vacant undeveloped land and multi-family and single-family residences.
PROPOSED WORK: The applicant seeks authorization to discharge fill material into 4.47-acres of wetlands for the construction of a multi-family development and associated 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 project has gone through several design changes to maximize development, while minimizing wetland impacts. The wetlands unfortunately cover half of the property in a way that prevents complete avoidance of wetland impacts. A conservation area has been proposed to avoid impacting a portion of the wetlands on the north end of the property.”
“The project includes a stormwater pond that will capture all runoff. The stormwater will be treated within this pond before being discharged into adjacent existing culverts and storm drains. All construction will occur within the silt fence to prevent negative impacts to adjacent wetlands and surface waters associated with Waters of the United States.”
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“Mitigation for the proposed wetland impacts will be offset through the purchase of both state and federal mitigation credits from Farmton Mitigation Bank.”
CULTURAL RESOURCES:
The Corps is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.
ENDANGERED SPECIES:
The Corps has determined the proposed project includes suitable habitat for the Eastern indigo snake (Drymarchon couperi) and Wood stork (Mycteria americana).
Eastern Indigo Snake:
The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and U.S Fish and Wildlife Service Determination Key for the Eastern Indigo Snake, August 2017. The project impacts potential suitable upland and wetland habitat. The project has no known holes, cavities, or inactive gopher tortoise (Gopherus polyphemus) burrows, or other refugia where the snake could be harmed. Use of this key resulted in the sequence A>B>C>D = May affect, not likely to adversely affect the Eastern indigo snake. No further consultation is necessary for the effects of the proposed action.
Wood Stork:
The Corps reviewed the project utilizing the Corps of Engineers, Jacksonville District, and U.S Fish and Wildlife Service Determination Key for Wood Stork in Central and North Peninsular Florida, September 2008. The project impacts to suitable foraging habitat (freshwater wetlands). The project is proposed more than 2,500 feet from an active colony site and outside of core foraging habitat. No wood storks have been observed foraging on the project site. Use of this key resulted in the sequence A>B>C>D = May affect, not likely to adversely affect wood stork. No further consultation is necessary.
The Corps has determined the proposal would have no effect to the following species due to unsuitable habitat: Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle (Caretta caretta), Red knot (Calidris canutus rufa), Rugel's pawpaw (Deeringothamnus rugelii), West Indian Manatee (Trichechus manatus).
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 Corps determination considered the potential impact of the proposed work on the following species and life stage(s):
|
Species
|
Life Stage
|
|
Spiny Lobster
|
All
|
|
Snapper Grouper
|
All
|
Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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.
Navigation: The proposed activity is not located in the vicinity of a federal navigation channel.
SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
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.
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, Cocoa, FL, 32926-6630, or via email to paul.j.ruben@usace.army.mil, 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, Paul Ruben, in writing at the Cocoa Permits Section, 400 High Point Drive, Cocoa, FL, 32926-6630; by electronic mail at paul.j.ruben@usace.army.mil; or, by telephone at (321) 504-3771 ext. 0026.
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.
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 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.
WATER QUALITY CERTIFICATION: Water Quality Certification will be required from the St. Johns Water Management District.
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.