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Public Notice Notifications

The Jacksonville District currently has five categories of public notice notification mailing lists. If you wish to receive email notifications when new public notices are added to this page, please send a request to Regulatory Webmaster.  Each category is described below. Be sure to specify which list(s) you want to be included on.

Florida - This includes all public notices for projects being reviewed for Standard Permits within the State of Florida.

Antilles - This includes all public notices for projects being reviewed for Standard Permits within the Antilles area (this includes Puerto Rico and the US Virgin Islands).

Tropical Storms & Other Emergencies - These public notices provide information on procedures for emergency permitting requirements due to specific tropical storm events or other emergency situations.

Special Issues - These are public notices that involve the Regulatory program but which are generally not limited to one particular geographic area. These would include public notices for the establishment or modification of Restricted Areas/Danger Zones, re-issuance of General Permits or Nationwide Permits, changes to guidance and policies, etc.

Administrative Penalty - These public notices provide information associated with Administrative Penalties. An Administrative Penalty can be assessed to address violations associated with issued Department of the Army permits.

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SAJ-2017-02375 (SP-BJC)

Posted: 11/17/2017

Expiration date: 12/8/2017


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: Arthur and Marianne Boyds
                      8508 Shane Court
                      St. Augustine, Florida 32092-1519

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the St. Johns River. The project site is located at 5295 Deer Island Road, in Section 8, Township 7 South, Range 27 East, Green Cove Springs, Clay County, Florida.

Directions to the site are as follows: From Interstate-95 take Exit 337 and turn east onto Interstate-295 towards Orange Park. Take Exit 10 and turn south towards Green Cove Springs. Proceed until the intersection of County Route 209 and turn left. Proceed until the intersection of Williams Park Road and turn left. Proceed until the intersection of Deer Island Road and turn left. Proceed approximately 1/3 of a mile and the project site is on the right.

APPROXIMATE CENTRAL COORDINATES: Latitude 29.911212°
                                                                         Longitude - 81.620632°

PROJECT PURPOSE:

Basic: The basic project purpose is construction of a single-family residence with private dock structure.

Overall: The overall project purpose is construction of a single-family residence with dock structure on the St. Johns River in Clay County south of State Route 16.

EXISTING CONDITIONS: The following existing vegetative communities and landforms have been characterized pursuant of the Florida department of Transportation publication Florida Land Use, Cover and Forms Classification System (FLUCFCS): Stream and Lake Swamp (FLUCFCS code 615), Linear Water Feature/Herbaceous Wetland (FLUCFCS codes 510/640), Submerged Aquatic Vegetation (FLUCFCS code 645), and Streams and Waterways (FLUCFCS code 510).

PROPOSED WORK: The applicant seeks authorization to discharge fill material into 0.35-acre of palustrine-forested wetlands to facilitate the construction of a single-family residence with a 2,945 square-foot dock structure.

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 original site plan entailed filling 0.5-acre of wetlands. The plan was modified to reduce the impact to 0.35-acre by decreasing the size of the building pad and moving the pad to the west. The proposed impact matches the amount and approximate configuration of fill permitted by the Corps on the lot abutting tis property to the south. Several design elements, considerations, and neighborhood comparisons were utilized to ensure the minimal impacts, and they were in line with previously approved impacts in the neighboring community lots. Due to the existing positioning of the well and septic tanks on the lots adjoining both sides of the property, this would prohibit house construction at the closest point to the community road. The positioning of the home would be in line with the majority of the existing homes in the neighborhood. The size of the home on a single story is due to the occupancy where three of the 5 members of the residence are handicapped, to a degree that prohibits them from using steps (one is a retired Military veteran, and two are elderly members in the 70’s). In addition, the size of the proposed home would be in accordance with the standard in the community and would ensure the property is in alignment to maintain community property values. The size is also needed to maintain the home office with the residents’ business (Always Remembered Photography). The aforementioned challenges also mitigate the proposed home being constructed on stilts (There is no other property in the community constructed on stilts).”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant has offered to purchase 0.59 palustrine-forested Wetland Rapid Assessment Procedure (WRAP) credits and 0.38 palustrine-emergent WRAP credits from a mitigation bank with a service area encompassing the project site.

CULTURAL RESOURCES:

The Corps has determined the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.

ENDANGERED SPECIES:

The Corps utilized The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2014 and determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus). 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.

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 2050 square feet of overwater impact to waters utilized by various life stages of shrimp, snapper and grouper. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the St. Johns 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.

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/has not] been verified by Corps personnel.

AUTHORIZATION FROM OTHER AGENCIES: Water Quality Certification may be required from the Florida Department of Environmental Protection and/or one of the state Water Management Districts.

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, Post Office Box 4970, Jacksonville, Florida 32232-0019 within 21days 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, Brad Carey, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at brad.j.carey@usace.army.mil; or, by telephone at (904) 232-2405.

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 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.

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.

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.

Clay County permit public notice U.S. Army Corp of Engineers USACE