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). The purpose of this public notice is to solicit comments from the public regarding the work 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 corey.m.maier@usace.army.mil.
APPLICANT: Adam Wolfson
Fairlawn Development, LLC.
2509 North Miami Ave, Suite 201
Miami, Florida 33127
WATERWAY AND LOCATION: The project would affect aquatic resources associated with the Tomoka River. The project site is located east of North Clyde Morris Blvd south of Hand Ave and North of LPGA Blvd in Daytona Beach, Section 32 & 33, Township 14 South, Range 32 East, Volusia County, Florida.
EXISTING CONDITIONS: The wetland system consists of approximately 100 acres freshwater wetlands. The onsite vegetation consists of wetland forested mix, herbaceous wetlands, and pine flatwoods. The existing area surrounding the project area consists of commercial development, residential development, and municipal infrastructure.
PROJECT PURPOSE:
Basic: Residential Development
Overall: Residential Development that will bring housing targeting both residents who can easily access Interstate-95, Interstate-4, LPGA Boulevard, and State Road 40, and those who live, work, and play in the City of Daytona Beach’s urban core.
PROPOSED WORK: The applicant seeks authorization for direct fill of 30.16 acres of wetlands and 12.72 acres of secondary impacts to wetlands to facilitate the construction of a large residential development and associated infrastructure.
AVOIDANCE AND MINIMIZATION: The applicant has provided the following information in support of efforts to avoid and/or minimize impacts to the aquatic environment:
“In an effort to understand the practicability of reducing or eliminating wetland impacts, it is also important to understand the regional economic influence this area can have on the Daytona Beach area. The need for multi-family residential developments within the Daytona Beach area has significantly increased over the past few years as other commercial, industrial, and distribution centers have been established in this region of Daytona Beach. The Fairlawn Development will bring development targeting both residents who can easily access Interstate-95, Interstate-4, LPGA Boulevard, and State Road 40, and those who live, work and play in the City of Daytona Beach’s urban core. The Fairlawn Development is proposed to help meet the housing demands of the greater Daytona Beach area due to the influx of jobs associated with the Tanger Outlets, Amazon Distribution Centers, B-Braun Manufacturing facilities, Buc-ee’s, and ONE Daytona. In addition to the multi-family residential development that will occur throughout the interior of the site, there will also be a commercial space that will utilize and maximize the frontage on Clyde Morris Boulevard. The Fairlawn development will be bringing in needed housing to the Daytona beach area allowing to meet the demands of the influx of jobs in the area boosting the economic value in the Daytona Beach area.
The proposed final design for the Fairlawn Development project reduced and eliminated wetland impacts to the greatest extent practical. There are a total of 100.52 acres of wetlands on the site. To minimize the total impacts for the multifamily apartment complex with still being economically viable a total of 20.04 acres of wetlands are proposed for direct impact. These wetland impacts will be mitigated through the purchase of mitigation banking credits from a Regionally Significant Mitigation Bank.”
COMPENSATORY MITIGATION: The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:
“The Proposed Fairlawn Development project will mitigate the wetland impacts through the purchase of mitigation banking credits from Farmton Mitigation Bank, determined to be a Regionally Significant Mitigation Bank.”
CULTURAL RESOURCES:
The Corps evaluated the undertaking pursuant to Section 106 of the National Historic Preservation Act (NHPA) utilizing its existing program-specific regulations and procedures along with 36 CFR Part 800. The Corps’ program-specific procedures include 33 CFR 325, Appendix C, and revised interim guidance issued in 2005 and 2007, respectively. The District Engineer consulted district files and records and the latest published version of the National Register of Historic Places and initially determines that:
No resources listed in or eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work; however, the permit area has not been formally surveyed for the presence of cultural resources. Additional work may be necessary to identify and assess any cultural resources that may be present. This notice serves as a request to SHPO, THPO, and/or other interested parties to provide any information they may have regarding historic properties.
The District Engineer’s final eligibility and effect determination will be based upon coordination with the SHPO and/or THPO, as appropriate and required, and with full consideration given to the proposed undertaking’s potential direct and indirect effects on historic properties within the Corps-identified permit area.
ENDANGERED SPECIES: The Corps has performed an initial review of the application, the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) to determine if any threatened, endangered, proposed, or candidate species, as well as the proposed and final designated critical habitat may occur in the vicinity of the proposed project. Based on this initial review, the Corps has made a preliminary determination that the proposed project may affect species and critical habitat listed below. No other ESA-listed species or critical habitat will be affected by the proposed action.
The Corps has determined initially that the proposed project may affect, but is not likely to adversely affect the wood stork (Mycteria americana), eastern indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbus), Florida Bonneted Bat (Eumops floridanus), or its designated critical habitat. The Corps will request U.S. Fish and Wildlife/National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act.
Pursuant to Section 7 ESA, any required consultation with the Service(s) will be conducted in accordance with 50 CFR part 402.
This notice serves as request to the U.S. Fish and Wildlife Service for any additional information on whether any listed or proposed to be listed endangered or threatened species or critical habitat may be present in the area which would be affected by the proposed activity.
ESSENTIAL FISH HABITAT: Pursuant to the Magnuson-Stevens Fishery Conservation and Management Act 1996, the Corps reviewed the project area, examined information provided by the applicant, and consulted available species information.
The Corps has determined the proposal would have no effect on any Essential Fish Habitat (EFH). Therefore, no consultation with the National Marine Fisheries Service on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act 1996 is required.
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 or 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 of 1899 (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.
WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the Florida Department of Environmental Protection (FDEP).
COASTAL ZONE MANAGEMENT CONSISTENCY: Coastal Zone Consistency Concurrence is required from FDEP. In Florida, the State approval constitutes compliance with the approved Coastal Zone Management Plan.
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 geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.
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 or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972. A permit will be granted unless its issuance is found to be contrary to the public interest.
COMMENTS: The 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 used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.
The Jacksonville District will receive written comments on the proposed work, as outlined above, until April 24, 2025. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs or to Corey Maier at corey.m.maier@usace.army.mil. Alternatively, you may submit comments in writing to the Commander, U.S. Army Corps of Engineers, Jacksonville District, Attention: Corey Maier, 400 High Point Dr, Suite 600, Cocoa, Florida 32926. Please refer to the permit application number in your comments.
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Click Here for Public Notice and Graphics