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.
If you are interested in receiving additional project drawings associated with this public notice, please send an e-mail to the project manager by electronic mail at Forrest.Luna@usace.army.mil
APPLICANT: D.R. Horton
Attn: Johnny Lynch
1430 Culver Drive
Palm Bay, Florida 32907
WATERWAY AND LOCATION: The project would affect aquatic resources associated with six (6) unnamed freshwater wetlands totaling 3.51 acres and three (3) surface waters, including a 1.3-acre stormwater pond and 0.98 acre of roadside ditches. The project site is located at 5695 Hydro Age Lane in Section 27, Township 24 South, Range 35 East, Cocoa, Brevard County, Florida.
Directions to the site are as follows: From Rt 95 in Cocoa, follow State Road 525 southwest for approximately 1.25 miles to Adamson Road, on the right. Follow Adamson Road north for approximately 0.3 miles to Hydro Age Lane.
APPROXIMATE CENTRAL COORDINATES: Latitude 28.368180°
Longitude -80.813563°
PROJECT PURPOSE:
Basic: To construct a multi-family residential development in Cocoa, Florida.
Overall: The overall project purpose is to create at least 224 multi-family dwellings within the Cocoa area near State Road 520 and Interstate 95 to meet increased housing needs resulting from local population increases and meet local demand for this type of housing.
EXISTING CONDITIONS: The project site is located on a 35.94-acre parcel. The wetland system consists of a freshwater system. There are 6 wetlands on the property that total 3.51 acres as well as 3 surface waters (two roadside ditches and a stormwater pond) totaling 2.28 acre. The onsite vegetation consists of Cabbage Palm, Brazilian Pepper, Red Maple, Primrose Willow, Live Oak, and Wax Myrtle. Land use on the property consists of Improved Pastures, Nursery and Vineyards, Brazilian Pepper, Stream and Waterways, Reservoirs less than 10 acres, Wetlands, Exotic Wetland Hardwoods, and Electric Transmission Power Lines. The existing area surrounding the project area consists of low-density rural communities to the north and west, and State Rd 524 to the southeast. Specifically, there are single-family homes on the west and north side of the project area. A single-family subdivision with associated stormwater ponds is located along the northeast boundary of the project area. State Road 524 and a roadside ditch are located along the southern/eastern boundary of the project. There is a
PROPOSED WORK: The applicant seeks authorization to fill 2.78 acres of wetlands and 2.28 acres of surface waters to allow construction of a multi-family development which will include a minimum of 224 two-story townhomes, internal roads, parking lots, a pool, a 4.42-acre lake, stormwater infrastructure, sewer lines, and other related appurtenances.
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 been designed to minimize impacts to wetlands 2 through 6 to the greatest extent practicable. Of the remaining 0.73 acres of wetlands, there would only be direct impacts to 0.002 acres.
COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
The applicant has proposed to purchase 1.33 Mitigation Bank credits from an approved regional, federal palustrine Mitigation Bank. The Corps has not yet determined the adequacy of the Applicant’s proposed compensatory mitigation.
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:
Wood Stork (Mycteria americana): the project is in the Central Florida core foraging area where the wood stork is known to utilize a 15-mile radius from its nesting area
for foraging. According to the USFWS wood stork colony website there are two wood stork nesting colonies within 15 miles of the project location. The closest wood stork rookery is approximately 1,000 feet southeast of the project location.
Audubon’s Crested caracara (Caracara plancus audubonii): the project is located within the USFWS Crested caracara consultation area. Based on the type of land use present (improved pastures) and vegetation (scattered Cabbage Palm), there is a potential for the caracara to be present at the project site.
The Corps has determined the proposal may affect the Wood Stork and Crested caracara. The Corps will request initiation of formal consultation with the Fish and Wildlife Service/National Marine Fisheries Service pursuant to Section 7 of the Endangered Species Act by separate letter.
Eastern Indigo Snake (Drymarchon couperi): there is documented suitable habitat for the Indigo snake at the project site.
The Corps has determined that the proposal may affect but is not likely to adversely affect the Eastern Indigo snake provided that the Standard Protection Measures for the Eastern Indigo Snake issued by the US Fish and Wildlife Service (March 23, 2021) will be used during project site preparation and project construction.
The Corps has determined the proposal would have no effect on Eastern Black Rail (Laterallus jamaicensis ssp. jamaicensis), Everglades snail kite (Rostrhamus sociabilis plumbeus) or any other listed threatened or endangered species or designated critical habitat.
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, Albuquerque Regulatory Office, 4101 Jefferson Plaza NE, Albuquerque, New Mexico 87109 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, Forrest Luna, in writing at the Albuquerque District, Albuquerque Regulatory Office, 4101 Jefferson Plaza NE, Albuquerque, New Mexico 87109; by electronic mail at forrest.luna@usace.army.mil; or by telephone at (505)342-3678.
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 River 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.
CLICK HERE for Public Notice and Graphics