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: James W. Paytas, II (Trey)
Walkers Green Development, LLC 908 Taylor Road, Suite A
Port Orange, FL 32127
WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Tomoka River. The project site is located south of Beville Road, east of I-95, west of Williamson Blvd, and north of Dunlawton Ave in Daytona Beach, Sections 1, 2, 11, and 12, Township 16 South, Range 32 East, Volusia County, Florida.
Directions to the site are as follows: From I-95, take exit to Beville Road and head east for 0.5 miles and turn right onto Williamson Blvd. Drive south for 1.5 miles and the project site will be on the west side of Willaimson Blvd.
APPROXIMATE CENTRAL COORDINATES: Latitude 29.134583°
Longitude -81.056586°
PROJECT PURPOSE:
Basic: Single and Multi-family housing development.
Overall: To construct a single and multi-family housing development in eastern Volusia County.
EXISTING CONDITIONS: The wetland system consists of a 178.76 acres freshwater pine and cypress wetland forests and wet prairies and 15.13 acres of surface waters. The onsite vegetation consists of slash pine, cypress, saw palmetto, dahoon holly, swamp bay, and fetterbush amongst many other species. The existing area surrounding the project area consists of single-family residential housing and highway transportation roadways.
PROPOSED WORK: The applicant seeks authorization to discharge and fill 18.53 acres of wetlands and 0.47 acres of surface waters for the construction of single and multi-family residences 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 Walkers Green project has seen several changes to the overall plans to reduce the overall wetland impacts by reducing the approximate lots from 1,000 to 450-500.
Specific areas of the project are set aside in easements to extend Madeline Ave.”
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 and surface water impacts will be offset through the purchase of both state and federal mitigation credits from either Tiger Bay or Farmton Mitigation Banks.
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 tortoises (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 suitable foraging habitat (surface waters). The project is proposed more than 2,500 feet from an active colony site and outside the 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: Florida scrub jay (Amphelocoma coerulscens), Florida pine snake (Pituophis melanoleucus), Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle (Caretta caretta), Rugal’s pawpaw (Deeringothamnus rugelii). The Corps has also determined the proposal may affect, not likely to adversely affect the following species Eastern indigo snake (Drymarchon couperi) and Wood stork (Mycteria americana).
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 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 Albuquerque District Regulatory Division, 4104 Jefferson Plaza NE, Albuquerque, NM 87109-3435 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, Justin Riggs, in writing at the Albuquerque Permits Section, 200 E. Griggs Ave, Las Cruces, NM 88001; by electronic mail at Justin.C.Riggs@usace.army.mil; by telephone at (575) 652-4574.
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:
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.
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 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.