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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-2017-03202(SP-MAO)

Posted: 3/2/2018

Expiration date: 4/2/2018


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: Florida Department of Transportation (FDOT), District 1
801 North Broadway Avenue
Bartow, FL 33830

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Corkscrew Swamp and Okaloachoochee Slough. The project site is located along State Road 29 from State Road 82 to the Hendry County Line.

Directions to the site are as follows: From Interstate 75, take Exit 136 and travel east on State Road (SR) 884 (Colonial Boulevard) approximately 2.16 miles. Turn right on to SR 82 and travel south/southeast for approximately 23 miles to the intersection of SR 29 and the beginning of the project corridor.

APPROXIMATE CENTRAL COORDINATES:

Latitude 26.502836°
Longitude -81.434868°

PROJECT PURPOSE:

Basic: Transportation

Overall: Widening of existing State Road 29 between State Road 82 and the Hendry County line in north central Collier County.

EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite vegetation consists of bahia grass (Papsalum notatum), chalky bluestem (Andropogon capillipes) various panic grasses (Panicum spp.), slash pine (Pinus elliottii) longleaf pine (Pinus palustris), wax myrtle (Myerica cerifera), saw palmetto (Serenoa repens), gallberry (Ilex glabra), Brazilian pepper (Schinus terebinthifolius), red maple (Acer rubrum), Carolina willow (Salix caroliniana), saltbush (Baccharis hamlifolia), elderberry (Sambucus nigra), Peruvian primrose willow (Ludwigia peruviana), para grass (Brachiaria mutica), maidencane (Panicum hemitomon), arrowhead (Sagitarria lancifolia), pickerelweed (Pontedereia cordata), cattail (Typha latifolia), dogfennel (Eupatorium spp.), cordgrass (Spartina bakeri), rushes (Juncus spp.), alligator flag (Thalia geniculate), St. John’s wort (Hypericum spp.), and whitetop star rush (Rhynchospora colorata). The existing area surrounding the project area consists of improved and unimproved pastures and citrus groves.

PROPOSED WORK: The applicant seeks authorization to widen the existing SR 29 roadway between SR 82 and the Hendry County line from two lanes to four lanes and replace the existing L-29 Canal on the west side of the roadway with a shallow ditch. The work would result in the discharge of fill over 3.55 acres of wetlands, 2 acres of secondary impacts to wetlands, and 6.60 acres of temporary impacts to surface waters.

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 proposed project has been designed to avoid and minimize wetland and other surface water impacts to the greatest extent practicable. The proposed widening of SR 29 was first considered during the SR 29 Project Development and Environment (PD&E) Study from North of SR 82 to South of County Road 80A (FPID 417878-2-22-01). The PD&E Study considered two build alternatives: one alternative would construct new roadway and widen in strategic areas to reduce wetland impacts. The second alternative would utilize the existing lanes of pavement and widen in strategic areas to reduce wetland impacts. According to the Wetland Evaluation Report accompanying the SR 29 PD&E Study, the proposed alternatives would result in between 10.22 and 14.34 acres of direct wetland impacts, respectively. The proposed project’s design minimizes wetland impacts by minimizing wetland impacts on the east side of SR 29 and constructing new travel lanes on the west side of the existing roadway in areas that contain fewer wetlands.

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

The proposed project is located on the boundary of two drainage basins and within the Service Area of several state and Federally approved wetland mitigation banks. The FDOT intends to mitigate for 3.55 acres of direct impacts and 2 acres of secondary impacts to wetlands by purchasing 1.96 credits from Big Cypress Mitigation Bank (BCMB), whose Service Area covers portions of the project. Pursuant to Section III.A of the Mitigation Bank Instrument for BCMB, the FDOT may use the BCMB for linear projects partially within the Service Area of BCMB.

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 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 Eastern indigo snake (Drymarchon corais couperi), Everglades snail kite (Rostrhamus sociabilis plumbeus), Florida bonneted bat (Eumops floridanus), Florida panther (Puma concolor coryi), Florida scrub jay (Aphelocoma corulescens), Florida grasshopper sparrow (Ammodramus savannarum floridanus), and wood stork (Mycteria americana) and its designated critical habitat. The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposal may affect the Audubon’s crested caracara (Caracara plancus audubonii) or its designated critical habitat. The Corps has correspondence between FDOT and the U.S. Fish and Wildlife Service in regards to the caracara and will provide additional information and consultation to ensure the effect determination is reduced prior to permit authorization to ensure compliance with Section 7 of the Endangered Species Act.

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.

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 Panama City Permits Section, P.O. Box 4970, Jacksonville, FL 32232-0019 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, Michael Ornella, in writing at the Panama City Permits Section, P.O. Box 4970, Jacksonville, FL 32232; by electronic mail at Michael.Ornella@usace.army.mil; by facsimile transmission at (904)232-1904; or, by telephone at (904)232-1498.

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 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.

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