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: PDSK Land II, LLC (Attn: Ken Fulmer); 2281 Lee Rd, Ste 204, Winter Park, FL 32708.
AGENT: DRMP, Inc. (Attn: Shanda Ryer); 100 Parnell Street, Merritt Island, FL 32953
WATERWAY AND LOCATION: The project would affect wetlands and ditches with a surface water connection to the Indian River. The project site is located on Irwin Ave approximately 0.6-miles east of the intersection at Irwin Ave and Old Dixie Highway in Mims, Brevard County, Florida.
DIRECTIONS TO THE SITE ARE AS FOLLOWS: From I95 and SR 46 in Mims, Florida, head east of Main Street 1.4 miles to US-1; turn left onto US-1 and drive 2.3 miles; turn right onto Irwin Avenue and drive approximately 1-mile east to the project site. The project area is located on the south side of Irwin Ave just past Tracy Court.
APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.692032°
Longitude: -80.847389°
PROJECT PURPOSE:
Basic: To construct a new single-family residential subdivision.
Overall: To construct a 123-unit, single-family, residential subdivision in Brevard County.
EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite upland vegetation consists of oak-pine-hickory stands, improved pasture, fallow groves, Brazilian pepper (Schinus terebinthifolius), and temperate hardwoods. The existing area surrounding the project area consists of dense residential development to the west and south; dispersed residential development to the north; and undeveloped agricultural land to the east.
PROPOSED WORK: The applicant seeks authorization to discharge dredged and fill material into 0.885-acre of scrub-shrub wetlands (i.e., Wetland-1, Wetland- 2, & Wetland-5) and 1.021-acres of drainage ditches (i.e., SW-B, SW-D, SW-E, SW-F, SW-G, SW-H, SW-I, & SW-K). Additionally, the applicant proposes to dredge 0.161-acre of drainage ditches (i.e., SW-H). The work is associated to the construction of the Orchard Hills Subdivision, a proposed new 123-unit residential development. Specifically, impacts are associated to the construction of single-family residential homes, lot attenuate features, associated roadways, and an onsite stormwater retention pond.
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 applicant proposes permanent impacts to 0.885-acre of the 7.036-acres of wetlands onsite, avoiding a significant area of onsite wetlands. Additionally, the applicant has minimized wetland impacts by limiting impacts to the periphery of affected wetland areas.
COMPENSATORY MITIGATION – The applicant has offered permittee responsible mitigation (PRM) which would consist of enhancing and preserving onsite wetlands. The total proposed mitigated area is approximately 6.147-acres. A formal mitigation is forthcoming.
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 may affect, but is not likely to adversely affect the Eastern indigo snake (Drymarchon couperi). The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
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-Fort Carson Field Office, PO BOX 12611, Colorado Springs, CO 80902 or via electronic mail to SPA-RD-CO@usace.army.mil. Comments should be submitted within 30 days from the date of this notice. Please reference DA# SAJ-2024-01371(SP-DID) for all comment submittals.
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, Daniel Delgado, in writing at Albuquerque District Regulatory Division-Fort Carson Field Office, PO BOX 12611, Colorado Springs, CO 80902; by electronic mail at Daniel.i.Delgado@usace.army.mil; or, by telephone at (505) 231-4187.
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: WQC is 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.
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.