Jacksonville District Header Image

 

JACKSONVILLE DISTRICT

Home
Home > Missions > Regulatory > Public Notices

Public Notice Archive

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.

Bookmark and Share Email Print


FINAL PROGRAMMATIC BIOLOGICAL OPINION ("JAXBO")

Posted: 11/30/2017

Expiration date: 12/30/2017


BACKGROUND: Section 7(a)(2) of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. §1531 et seq.), requires that each federal agency ensure that any action authorized, funded, or carried out by the agency is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of critical habitat of those species. When the action of a federal agency may affect a protected species or its critical habitat, that agency is required to consult with either the NMFS or the U.S. Fish and Wildlife Service (USFWS), depending upon the protected species or critical habitat that may be affected. On November 20, 2017, the NMFS approved a programmatic biological opinion (PBO), herein, referred to as “JaxBO.” This public notice announces the District’s intent to use JaxBO, when applicable, to address consultation requirements for threatened and endangered species and their designated critical habitat occurring throughout the State of Florida, Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

In accordance with Section 7(a)(2) of the ESA, programmatic consultations allow for streamlined review of groups of frequently occurring or routine activities or Federal action agency policies, plans, regulations or programs that have well-understood and predictable effects on ESA-listed species and designated critical habitat. Programmatic consultations may be used to evaluate the effects of authorizing certain categories of frequently occurring activities or action Agency policy or programs, where specifics of any individual future project, such as the specific location, are not definitively known at the time of the programmatic consultation.

This PBO requires adherence to certain project design criteria (PDCs), which may include technical and engineering design specifications as well as requirements on how an individual project must be sited, constructed, or otherwise carried out to avoid or minimize adverse effects to ESA-listed species or designated critical habitat. The PDCs serve the following two purposes: First, they ensure that the actions under consultation are sufficiently similar so that their effects can be analyzed together. Second, the PDCs help protect species and critical habitat, and ensure that the action agency is meeting its obligation under Section 7(a)(2); in designing the PDCs, NMFS and the action agency work to establish conditions that avoid adverse effects on listed species or designated critical habitat or,

The JaxBO addresses consultation for ten categories of “in-water” activities that occur throughout Florida, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands. These activities are regulated pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344).

ACTIVITIES COVERED BY THIS PBO:

 

Activities Covered by JaxBO

Number

Type

Description

1

Shoreline Stabilization

The installation, repair (including all forms of maintenance), replacement, and removal of vertical seawalls and shoreline stabilization materials used to protect shorelines

2

Pile-supported Structures

The construction of docks, marinas, minor structures, chickees (i.e., over-water camping platforms), ATONs, and private aids-to-navigation (PATONs) including pile-supported signs or anchored floating buoys. Activity 2 includes the installation, repair (e.g., maintenance), replacement, and removal of these structures

3

Maintenance, Minor, and Muck Dredging

The dredging of an area previously dredged under a permit by the USACE at the site of the previously authorized dredging, to the same depth and within the same footprint, but under a new authorization. Maintenance dredging may be necessary around docks to moor vessels, around boat ramps, and around other structures necessary to maintain adequate depth for vessel movement

4

Water-Management Outfall Structures and Associated Endwalls

The installation, repair (including all forms of maintenance), replacement, and removal of water-management outfall structures. These structures are typically placed by trenching or excavating a conduit or discharge pipe from the stormwater system or mosquito ditch to an open water body for discharge or by installing a culvert to connect 2 water bodies to improve water circulation and water quality or restore hydrology

5

Scientific Survey Devices

The installation, repair (including all forms of maintenance), replacement, and removal of scientific survey devices include scientific measuring devices such as staff gages, tide and current gages, meteorological stations, water recording and biological observation devices, water quality testing and improvement devices, and vibracore devices.

6

Boat Ramps

The installation, repair (including all forms of maintenance), replacement, and removal of boat ramps

7

Aquatic Habitat Enhancement, Establishment, and Restoration Activities

The construction of oyster reefs on un-vegetated bottom in tidal waters; constructing living shorelines, including using vegetative plantings and fill material to construct breakwaters parallel to the shore; enhancing or establishing submerged aquatic vegetation; constructing artificial reefs; and filling in areas to restore natural contours or improve water quality

8

Transmission and Utility Lines

The installation, repair (including all forms of maintenance), replacement, and removal of transmission and utility lines including aerial and subaqueous lines

9

Marine Debris Removal

The removal by divers, snorkelers of debris from a multitude of sources and events, including storm damage, lost fishing gear, or illegal dumping

10

Temporary Platforms, Fill, and Cofferdams

The placement of temporary platforms and fill; installation of pile jackets around piles to protect them (e.g., cathodic protection used for bridge supports); and installation of cofferdams to dewater an area for construction


SPECIES AND CRITICAL HABITAT ADDRESSED BY THIS PBO:

 

Species Covered by JaxBO

Species

ESA Listing

Presence in Florida

Present in U.S. Caribbean

Sea Turtles

Green (NA DPS and South Atlantic DPS)

T

P

P

Kemp’s ridley

E

P

NP

Leatherback

E

P

P

Loggerhead (Northwest Atlantic Ocean DPS [NWA DPS])

T

P

P

Hawksbill

E

P

P

Fish

Smalltooth sawfish (U.S. DPS)

E

P

NP

Gulf sturgeon (Atlantic sturgeon, Gulf subspecies)

T

P

NP

Shortnose sturgeon

E

P

NP

Atlantic sturgeon (All DPSs)

T/E

P

NP

Nassau grouper

T

P

P

Scalloped hammerhead (Central and Southwest Atlantic DPS)

T

NP

P

Invertebrates and Marine Plants

Elkhorn coral (Acropora palmata)

T

P

P

Staghorn coral (Acropora cervicornis)

T

P

P

Boulder star coral (Orbicella franksi)

T

P

P

Mountainous star coral (Orbicella faveolata)

T

P

P

Lobed star coral (Orbicella annularis)

T

P

P

Rough cactus coral (Mycetophyllia ferox)

T

P

P

Pillar coral (Dendrogyra cylindrus)

T

P

P

Johnson’s seagrass (Halophila johnsonii)

T

P

NP

Marine Mammals

North Atlantic right whale

E

P

NP

Blue whale

E

P

P

Fin whale

E

P

P

Sei whale

E

P

P

Sperm whale

E

P

P

Bryde’s whale

E

P

NP

E = Endangered; T = Threatened, P = Present, NP = Not Present

 

Critical Habitat Covered by JaxBO

Species

Unit in Florida

Unit in U.S. Caribbean

Smalltooth sawfish

Charlotte Harbor Estuary

N/A

Ten Thousand Islands/ Everglades

Gulf sturgeon

Units 9-14

N/A

Loggerhead sea turtle (NWA DPS)

Nearshore Reproductive Habitat: Units LOGG-N-14 to 32

N/A

Breeding Habitat: Units LOGG-N-17, 19

Migratory Habitat: Units LOGG-N-17, 18, 19

Sargassum Habitat: Unit LOGG-S-01

Green sea turtle (NA DPS)

N/A

Culebra Island

Hawksbill sea turtle

N/A

Mona and Monita Island

Leatherback sea turtle

N/A

St Croix Island

Staghorn and elkhorn coral

Area 1: Florida

Area 2: Puerto Rico and Associated Islands

Area 3: St, John/St. Thomas,

U.S. Virgin Islands

Area 4: St. Croix, U.S. Virgin Islands

Johnson’s seagrass

Units A-J

N/A

North Atlantic right whale

Unit 2

N/A

Atlantic sturgeon

South Atlantic Unit 7

N/A

N/A = Not applicable; DPS = Distinct Population Segment; NWA = Northwest Atlantic

 

AFFECTED DISTRICT GENERAL PERMITS: This notice also constitutes intent to modify the following District general permits to comport with JaxBO. This modification process will not change the dimensional components of work authorized by the above general permits; however, certain new or revised conditions (i.e., PDCs) may be required based on the activity. The following general permits will be subject to utilization of JaxBO:

 

Permit

Status

Type

Name

SPGP

Active

PGP

State Programmatic General Permit/ State of Florida

SAJ-05

Active

RGP

Maintenance Dredging in Residential Canals

SAJ-13

Active

RGP

Aerial Transmission Lines in FL

SAJ-14

Active

RGP

Subaqueous Transmission Lines

SAJ-17

Active

RGP

Minor Structures in FL

SAJ-20

Active

RGP

Private Single-Family Docks/Piers

SAJ-33

Active

RGP

Private Multi-Family or Government Docks/Piers

SAJ-34

Active

RGP

Commercial Piers

SAJ-42

Active

PGP

Minor Activities in Miami-Dade County

SAJ-46

Active

RGP

Bulkheads & Backfill in Residential Canals

SAJ-72

Active

RGP

Residential Docks in Citrus County

SAJ-82

Active

RGP

Various Minor Activities in Monroe County, FL

SAJ-91

Active

PGP

City of Cape Coral

SAJ-96

Active

PGP

Minor Activities in Pinellas County


The following general permits will not be affected by JaxBO, as consultation has been addressed via separate BOs:

 

Permit

Status

Type

BO

Name

SAJ-71

Active

PGP

SAJ-71

Live Rock Aquaculture in the Exclusive Economic Zone (EEZ) of Florida

SAJ-93

Active

RGP

SARBO

Maintenance Dredging by FIND

SAJ-99

Active

PGP

SAJ-99

Live Rock and Marine Bivalve Aquaculture

SAJ-112

Pending

RGP

SAJ-112

Subsurface Structures for Propagating Corals

Additionally, JaxBO will not replace or supersede the following BOs:

1. Gulf of Mexico Hopper Dredging Regional Biological Opinion (GRBO) (2007)
2. Regional Biological Opinion on Hopper Dredging along the South Atlantic Coast (SARBO) (1997)

EFFECTS ON AQUATIC RESOURCES: This notice is to announce a procedural change based on future utilization of JaxBO, which will serve to further streamline consultation requirements under Section 7, ESA. Therefore, the District maintains that there will be no adverse effects on aquatic resources or navigation as a result of this process change.

ADDITIONAL INFORMATION:

To view the PBO, please visit the following web location and select “HERE” under ‘Endangered Species/ "NEW" JAXBO NMFS District-Wide-Programmatic-Biological-Opinion’
http://www.saj.usace.army.mil/Missions/Regulatory/Source-Book/ 

Information on Federally protected species under NMFS purview can be found at:
http://sero.nmfs.noaa.gov/protected_resources/index.html

RESPONDING TO THIS NOTICE: This public notice is being distributed to inform the public on the Corps’ implementation of JaxBO. Any comments on this notice should be directed to Mr. Dale E. Beter at the above address or via email at: dale.e.beter@usace.army.mil. For additional information on our regulatory program, please visit the following web location: http://www.saj.usace.army.mil/Missions/Regulatory.aspx

Jacksonville District JAXBO Programmatic biological opinion public notice U.S. Army Corps of Engineeers USACE