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.

SAJ-2018-02032(SP-AMK)

Published March 18, 2019
Expiration date: 4/9/2019

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) and Section 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

 

APPLICANT:    Louise Morris

                         P.O. Box 22715

                         Lexington, KY 40522

 

WATERWAY AND LOCATION: The project site is a residential lot and would affect waters of the United States associated with a manmade canal, adjacent to the Atlantic Ocean.  The proposed project is located at 306 Banyan Street; legally described as LT 90 BK 1 DUCK KEY YACHT CLUB ISLAND SEC-4 TOMS HARBOR PB5-82 in Section 16, Township 65 South, Range 34 East, Duck Key, Monroe County, Florida 33050 (RE# 00385030-000000).

 

Directions to the site are as follows: Take U.S. 1 South to MM61± Oceanside; turn left onto Duck Key Drive, continue straight onto Bimini Drive, turn left onto Barque Street, continue to the left onto W Seaview Drive and then E Seaview Drive, turn right onto Banyan Street; project site is located at 306 Banyan Street, Duck Key.

 

APPROXIMATE CENTRAL COORDINATES:         

Latitude: 24.770698

Longitude: -80.906739

 

PROJECT PURPOSE:

Basic: The basic project purpose is the filling of submerged land to facilitate shoreline stabilization and additional boating access. 

Overall: The overall purpose is the filling of submerged land to facilitate shoreline stabilization and additional boating access at a property on Duck Key, Monroe County, Florida.

 

EXISTING CONDITIONS:  The property is a developed single family residence located within a developed subdivision of Duck Key on a manmade canal adjacent to the Atlantic Ocean.  The Corps has not yet conducted a site inspection.  The project is located within the Florida Keys National Marine Sanctuary boundary.    

 

PROPOSED WORK:  The applicant seeks authorization to connect two existing seawalls as well as provide shoreline stabilization by installing 79 linear feet of new 8-inch thick concrete seawall; by placing 65 cubic yards, 1,020 square feet (10 cubic yards, 205 square feet below the high tide line) of clean backfill; by placing a 930 square feet of concrete cap; and to temporarily deploy turbidity curtains for the duration of all in-water activities, in/over waters of the United States.

 

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: Turbidity screens will be deployed to isolate the construction site from ambient waters.    

 

COMPENSATORY MITIGATION:  The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If it is determined that the issuance of a DA permit is appropriate, compensatory mitigation would be satisfied via a contribution to the Keys Restoration Fund, if applicable.

 

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 project may affect, but is not likely to adversely affect (“MANLAA”) the West Indian manatee (Trichechus manatus).  The project site is not within the species’ designated critical habitat.  Potential and indirect impacts to the endangered West Indian manatee were evaluated using the Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013 (key).  Use of the key resulted in the following sequential determination: A > B > C > G > H > I > N > O > P (4), “may affect, not likely to adversely affect (NLAA)” for the West Indian manatee, where no further consultation with the Service is necessary.  This determination is partially based on the implementation of the Standard Manatee Conditions for In-Water Work, 2011.

 

The project is not located within an American crocodile (Crocodylus acutus) critical habitat.  By letter dated 28 October 2014, the FWS issued programmatic concurrence for projects in the Keys south of the intersection of U.S. Highway 1 and State Road 905 in Key Largo.  The letter states that projects located in this range are unlikely to adversely affect the American crocodile if it meets one or more of the listed criteria.  By using the programmatic letter by paragraph 2, considering that the proposed project is adjacent or contiguous to waters accessible to the crocodile but does not contain suitable habitat for nesting accessible to the crocodile, the Corps’ initial determination is the project may affect but is not likely to adversely affect the American crocodile and its critical habitat.  Pursuant to Section 7 of the Endangered Species Act, no further consultation with the Service is required.

 

The Google Earth Resource at Risk (RAR) report for the subject parcel includes the piping plover (Charadrius melodus) consultation area.  Potential impacts to the piping plover were evaluated using the Programmatic Piping Plover Biological Opinion (BO), dated May 22, 2013.  Using the BO resulted in the Corps making a “no effect” determination for the piping plover.  This determination is based on there being no sandy beaches within the project area, as well as the project not being located within a designated piping plover Critical Habitat Unit or areas that are considered optimal piping plover habitat; therefore, no further consultation with the FWS is required.

 

The Google Earth Resource at Risk (RAR) report for the subject parcel includes the roseate tern (Sterna dougallii) consultation area.  The Corps has determined the proposed project will have “no effect” on the roseate tern.  This determination is partially based on roseates being highly sensitive to disturbances, such as human activity, making developed areas undesirable for nesting, and protected areas, such as the Key West National Wildlife Refuge, the more desirable location for nesting and foraging near the project area.

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and its designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), and the smalltooth sawfish (Pristis pectinata) species.  A no effect determination was reached on smalltooth sawfish designated critical habitat, Acropora spp. (Acropora cervicornis and Acropora palmata) and its designated critical habitat, and listed coral species: pillar coral (Dendrogyra cylindrus), lobed star coral (Orbicella annularis), mountainous star coral (Orbicella faveolata), boulder star coral (Orbicella franksi), and rough cactus coral (Mycetophyllia ferox).  The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act via 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 527 square feet of submerged bottom and wetlands utilized by various life stages of marine life.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or federally managed fisheries in the Florida Keys.  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 Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida, 33176 within 21 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, Allyse Keel, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at allyse.m.keel@usace.army.mil; by facsimile transmission at (305) 526-7184; or, by telephone at (305) 526-7183. 

 

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 decision, comments are used to assess impacts on 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act 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.