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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-1992-00300(SP-JKA)

Posted: 11/21/2017

Expiration date: 12/21/2017


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 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

APPLICANT: Jonathan’s Landing Property Owner’s Association, Inc.
                      Attention: Beth Kelso
                      3755 Barrow Island Road
                      Jupiter, FL 33477

WATERWAY AND LOCATION: The project would affect Waters of the United States associated with Section 10 waters within the community of Jonathan’s Landing and subdivision’s entrance channel, which connects to the Intracoastal Waterway (ICW). The project site is located at 3755 Barrow Island Road, Sections 6 and 7, Township 41 South, Range 43 East, in Jupiter, Palm Beach County, Florida.

Directions to the site are as follows: From Interstate 95, take exit 87A for Indiantown Road/ FL-706 East. Continue for 3.5 miles and make a left onto Alternate A1A/ FL-811 and head south for 0.9 miles. Turn left at the traffic light for Barrow Island Road and go through guard gate to enter Jonathan’s Landing Community.

APPROXIMATE CENTRAL COORDINATES:

Latitude:     26.0926°
Longitude: -80.0815°

PROJECT PURPOSE:

Basic: Navigation

Overall: The overall project purpose is to improve navigation for the residents in Jonathan’s Landing Subdivision in Jupiter, Palm Beach County, Florida.

EXISTING CONDITIONS: The waters within the Jonathan’s Landing subdivision are estuarine and tidally influenced. There is an existing mangrove fringe consisting of red (Rhizophora mangle), black (Avicennia germinans), and white (Laguncularia racemose) mangroves along both shorelines, bordering proposed dredging locations. Additionally, a benthic survey completed on August 29-30, 2017 documented the locations of paddle grass (Halophila decipiens) and Johnson’s seagrass (Halophila johnsonii). The existing area surrounding the project area consists of single family residential homes.

PROPOSED WORK: The applicant seeks authorization to perform maintenance and new dredging within 44 acres of the Jonathan’s Landing Subdivision canal system.  This includes maintenance dredging 2.02 acres of the entrance channel to minus 7 mean low water (MLW), removing approximately 1500 cubic yards of material; maintenance dredging a previously authorized 0.71 acre dredge area to minus 6 MLW by removing 1,000 cubic yards of material; and dredging 40.17 acres of the remainder of the interior canal system to an elevation of minus 6 MLW (removal of approximately 2,500 cubic yards).  Dredging will be completed with an excavator on a construction barge.

The applicant anticipates that spoil will be off loaded directly onto the upland golf course located within the subdivision. Straw bales, silt fencing and/or berms and other best management practices will be used to contain the spoil material within its designated area. Turbidity curtains will be placed around the barge at the offloading site to protect adjacent resources.

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 will implement best management practices, including the use of turbidity curtains. Proposed dredging will not impact seagrass and mangroves. The applicant proposes to include a five foot buffer which is measured from the most waterward edge of the mangrove root structures/seagrass to the edge of dredging boundary. The applicant has agreed to stake the waterward edge of the buffer every 10 feet along the boundary of proposed dredging footprint to prevent encroachment into five foot buffer during construction.”

COMPENSATORY MITIGATION –The applicant has provided the following explanation why compensatory mitigation should not be required:

“Although seagrass and mangroves are located adjacent to the dredging footprint, no impacts are proposed or anticipated. Therefore, no compensatory mitigation is required.”

CULTURAL RESOURCES: The Corps is not aware of any known historic properties within the permit area. By copy of this public notice, the Corps is providing information for review. Our final determination relative to historic resource impacts is subject to review by and coordination with the State Historic Preservation Officer and, if applicable, those federally recognized tribes with concerns in Florida and the Permit Area.

ENDANGERED SPECIES: The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) and its designated critical habitat; swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta)); smalltooth sawfish (Pristis pectinata);; and the wood stork (Mycteria americana).

The project is located in waters accessible to manatees, and within manatee designated critical habitat. Use of The Corps of Engineers, Jacksonville District and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key) dated April 2013 results in a path of A-B-C-G-N-O-P (paragraph 4). Provided the applicant adheres to the standard manatee construction conditions during the in-water work, the key results in a may affect, not likely to adversely affect determination. For proposed in-water activities analyzed with the West Indian Manatee in which the Corps reaches a may affect, not likely to adversely affect determination with respect to the manatee and/or its designated critical habitat, the FWS concurs with the Corps determination in accordance with 50 CFR 402.14(b) 1; and, no further consultation with the FWS is required.

The Corps has determined that the proposed project is located within 18.6 miles of one wood stork nesting colonies. Suitable foraging habitat is located within 3,900 square feet of the proposed dredging footprint, where water depths are less than 18 inches deep at mean high water. Use of The Corps of Engineers, Jacksonville District and the U.S. Fish and Wildlife’s Wood Stork Key dated 18 May 2010, resulted in a path of A-B, not likely to adversely affect, since the project would impact less than 0.50 acres of suitable foraging habitat. With an outcome of “not likely to adversely affect (NLAA)” as outlined in the key and since the project has less than 0.20 hectares (0.5 acres) of wetland impacts, the requirements of Section 7 of the Endangered Species Act are fulfilled for the wood stork and no further action is required.

Work will occur in waters accessible to the swimming sea turtles and smalltooth sawfish. Smalltooth sawfish and swimming sea turtles may be affected by being unable to use an area for forage or refuge habitat due to potential avoidance of construction activities. Because these species are motile and likely to leave the area during construction, the risk of injury from this type of construction activity is insignificant. The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

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 44 acres of silt and sandy substrate utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3508.

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.

Jacksonville District Palm Beach County permit public notice U.S. Army Corps of Engineers USACE