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:
APPLICANT: Fredda Levenson
2225 South Daytona Avenue
Flagler Beach, Florida 32136
WATERWAY AND LOCATION: The project would affect wetlands adjacent to waters of the United States associated with Matanzas River. The project site is located at 2230 South Daytona Avenue (Flagler County Property Appraiser – Parcel Identification Number 19-12-32-4550-0030-0070), in Section 19, Township 12 South, Range 32 East, Flagler Beach, Flagler County, Florida.
Directions to the site are as follows: Traveling from Jacksonville take I-95 South to FL-100/E Moody Boulevard. Turn left onto FL-100/E Moody Boulevard and continue for 3 miles. Turn right onto S. Daytona Avenue and the site will be on the right.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.454722°
Longitude -81.117451°
PROJECT PURPOSE:
Basic: The basic project purpose is housing.
Overall: The overall project is to construct a private residential single-family home and associated infrastructure in Flagler Beach, Flagler County, Florida.
EXISTING CONDITIONS:
a. General: The subject property is approximately 0.23-acres in size. The property is boarded to the north and south by developed residential lots, to the east by South Daytona Avenue, and to the west by an undeveloped lot.
b. Project History: An application was submitted to construct a private residential single-family residence on January 5, 2024. A request for additional information was issued on January 17, 2024. On March 22, 2024, the application was withdrawn due to lack of applicant response.
c. State Permit History: An application was submitted to the Florida Department of Environmental Protection (FDEP) on July 14, 2023, and is being reviewed under FDEP site number 18-0437672-001-EI.
d. Elevations and Hydrology: The topography of the site slopes moderately from the uplands on the eastern portion of the site towards the northern portion of the site. The elevations of the property range from approximately +2 feet to +1 feet NGVD. Elevations in the wetlands are approximately 1 to 2 feet lower than the adjacent uplands. The site generally drains towards the North.
e. Soils: The Soil Survey of Flagler County, FL indicates the following soil type within the property:
Narcoossee, shell substratum-Welaka complex (32). This very deep, nearly level,
somewhat poorly drained Narcoossee soil and the very deep, well drained, gently
sloping Welaka soil are on the Coastal Strand, between the Atlantic Ocean and the
intercoastal waterway. The soils occur in regular, repeating pattern. The Welaka
soil is on the lower back slopes of primary sand dunes, on the lower relic
secondary and tertiary sand dunes and the salt marshes. The Narcoossee soil is in
swales between sand dunes and on low knolls between dunes and the salt
marshes.
Turnbull and Pellicer Soils, tidal (26). These very deep, nearly level, very poorly
drained soils are in tidal marsh areas. These soils do not occur in a regular and
repeating pattern. They are frequently flooded. Individual areas are broad to
narrow and elongated in shape.
f. Vegetative Community Types:
The property is characterized by two (2) generalized vegetative communities per
Florida Land Use, Cover, and Forms Classification System [(FLUCFCS) Florida
Department of Transportation (FDOT), State Topographic Bureau, Thematic
Mapping Section, 1999)].
Upland Communities:
Sand Live Oak (FLUCFCS 432) (0.05 acres)– This community is found along the eastern site boundary and near the center of the site in small upland islands. The
vegetation in this community consisted of several sand live oak (Quercus
geminata) in the subcanopy along the western site boundary, wax myrtle
(Morella cerifera) in the shrub stratum, and beach sunflower (Helianthus deibilis),
American beachgrass (Ammophila breviligulata), straw-colored flatsedge
(Cyperus strigosus) and in the groundcover stratum. This community was
dominated by amberique-bean (Strophostyles helvula) near the center of the site.
Wetland Communities:
Wetland Hardwood Forest (FLUCFCS 610) (0.18 acres) – Wetland Hardwood Forests are those Wetland areas which meet the crown closure requirements for forestland as outlined under the Upland Forest Classification (400) (minimum 10 percent closure). To be included in the Wetland Hardwood Forest category, the stand must be 66 percent or more dominated by wetland hardwood species, either salt or freshwater.
PROPOSED WORK: The applicant seeks authorization to discharge clean fill over 0.14 acres of wetland hardwood forest (850 cubic yards) and 0.04 acres of secondary impacts to the wetland hardwood forest for the development of a private residential single-family home and associated infrastructure. The wetlands are adjacent and connected to waters of the United States associated with the Matanzas River.
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:
Proposed wetland impacts have been avoided and minimized to the maximum extent practicable. A swale is proposed to run east to west along the north side of the lot and a swale is proposed to run northwest to southeast along the backside of the project to assist with stormwater outfall. Best management practices, such as silt fencing, would be utilized prior to and during construction activities.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant proposed to purchase 0.092 freshwater forested credits from a federal 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 ran a Regulatory Screening Tool (RST), using the Regulatory Viewer, for the ESA action area, which included an approximate 0.01-mile buffer. The RST Report did not indicate that the site is contains habitat critical to any federally listed threatened or endangered species. The RST Report indicated that the following federally listed species have the potential to be affected by the proposed project: Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), loggerhead sea turtle (Caretta caretta), Hawksbill sea turtle (Eretmochelys imbricata), and Smalltooth Sawfish (Pristis pectinata).
Additionally, the RST also indicated that the USFWS Information for Planning and Consultation (IPAC) species list for the Flagler County Range that have habitat and could be located within the project site include: Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Everglades snail kite (Rostrhamus sociabilis plumbeus),
Florida scrub-jay (Aphelocoma coerulescens), Piping Plover (Charadrius melodus), Hawksbill sea turtle (Eretmochelys imbricata),
Consider the direct and indirect effects of the regulated activity to evaluate whether the action may affect a species or habitat regulated under the ESA. If the proposed activity is located in the known or expected range of listed species (or species proposed for listing) or is located in, or in the vicinity of, designated critical habitat (or critical habitat proposed for such designation), select "yes" and continue to the next subsection; otherwise, if the proposed activity is located outside the known or expected range of listed or proposed species and outside of designated critical habitat or proposed critical habitat, select "no" and conclude that section 7 responsibilities have been satisfied, and the remainder of this section may be deleted. The PM should evaluate the timing and location of the regulated activity when determining if a listed species (or species proposed for listing) may be present or in the vicinity of the Corps’ action area.
Also, the Corps evaluated the potential effects of the proposed project on the Eastern Indigo snake (Drymarchon couperi) as this species is found throughout Florida and the work would require disturbance to uplands adjacent to the waters of the United States within the ESA action area.
NO EFFECT:
West Indian manatee (Trichechus manatus): Since the proposal by the applicant is for upland and wetland construction and no in-water construction, potential impacts to the manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 and the 2013 Manatee Key addendum issued May 13, 2019. Use of this key resulted in the sequential determination A-No Effect. This determination is based on the applicant constructing the project from the uplands with no in water work. The FWS previously indicated that they concur with determinations of No Effect based on the key for manatees; and, that no additional consultation is necessary.
Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus), green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), loggerhead sea turtle (Caretta caretta), Hawksbill sea turtle (Eretmochelys imbricata), and Smalltooth Sawfish (Pristis pectinata) and the IPAC species that are found within Flagler County that could include the Eastern Black rail (Laterallus jamaicensis ssp. jamaicensis), Everglade snail kite (Rostrhamus sociabilis plumbeus), and Piping Plover (Charadrius melodus). These species’ ranges do not include this area or habitat to support these species is not found on site. Therefore, routes to effects for these species were not reviewed. The RST did not indicate that the site is utilized by, or contains habitat critical to, any federally listed threatened or endangered species, other than those mentioned above. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any federally listed, threatened, or endangered species, other than those mentioned above.
MAY AFFECT, NOT LIKELY TO ADVERSELY AFFECT:
Eastern indigo snake (Drymarchon corais couperi): The proposed work is connected to an upland area; therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequence A-B-C-may affect, but is not likely to adversely affect, as the applicant has agreed to implement the Standard Protection Measures for the Eastern Indigo Snake, August 12, 2013. The FWS has indicated that they concur with determinations of may affect, not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is necessary.
Wood Stork (Mycteria americana): The project site is approximately 19 miles from the Lake Disston Wood Stork Colony; therefore, the Corps evaluated potential effects to this species. The work proposed would not affect suitable foraging habitat (SFH). In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida, September 2008, to determine potential effects upon this species. Use of this key resulted in the sequence A-B-no effect. The U.S. Fish and Wildlife Service (FWS) previously indicated that they concur with determinations of no effect affect based on the key for Wood Storks; and, that no additional consultation is necessary.
Florida scrub-jay (Aphelocoma coerulescens): The project site is within a consultation area identified by the Corps and the FWS for the Florida Scrub Jay (Aphelocoma coerulescens). Therefore, this species may utilize the project site. There is no designated critical habitat for the Florida Scrub Jay listed in the federal register (52 FR 20715-20719). However, information from the FWS indicates that the Florida Scrub Jay has extremely specific habitat requirements. It is endemic to peninsular Florida’s ancient dune ecosystem or scrubs, which occur on well drained to excessively well drained sandy soils. Relict oak-dominated scrub, or xeric oak scrub, is essential habitat to the Florida Scrub Jay. Optimal habitat incorporates four species of stunted, low growing oaks [sand live oak (Quercus geminata), Chapman oak (Quercus chapmanii), myrtle oak (Quercus myrtifolia), and scrub oak (Quercus inopina)] that are 1-3 meters high, interspersed with 10 to 50 percent non-vegetated sandy openings, with a sand pine (Pinus clausa) canopy of less than 20 percent. Therefore, Florida Scrub jay habitat is absent from the project site. It is likely that this species only opportunistically forages within forested areas in the vicinity of the project site, which the project would not preclude. In consideration of the lack of appropriate habitat at the site, the local abundance of foraging habitat, and the distance to the nearest colony, the Corps determined that the project would have no effect upon this species.
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 proposal would impact approximately 0.18 acres of wetland hardwood forest that connects to the Matanzas River which may be utilized by various life stages shrimp, spiney lobster, snapper group, windowpane flounder, and sharks. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Matanzas River. 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 structure 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 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 Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232 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, Janice Price, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232; by electronic mail at Janice.R.Price@usace.army.mil; by facsimile transmission at (904)232-1904; or, by telephone at (904)251-9193.
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.
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 may be required from the Florida Department of Environmental Protection (FDEP). The project is being reviewed under FDEP application no. 18-0437672-001-EI.
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.