Public Notice Notifications

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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-2000-05118 (SP-PRJ)

Published June 17, 2020
Expiration date: 7/7/2020

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:  Lighthouse Point, LLC
                       P.O. Box 1733
                       Jacksonville, Florida 32245

WATERWAY AND LOCATION: The proposed work would affect the Bells River. The project site is located in the Bells River, at 28820 Grandview Manor, in Section 41, Township 3 North, Range 28 East, Yulee, Nassau County, Florida.

Directions to the site are as follows: Traveling from Jacksonville, take Interstate 95 north to exit 373 to State Road 200 (SR-200) and turn east onto SR-200. Follow SR-200 to Chester Road and turn north onto Chester Road. Then turn west onto Roses Bluff Road, and then turn north onto Lents Road. Follow Lents Road to Southern Heritage Place and turn east onto Southern Heritage Place. Then turn north onto Grandview Manor and follow Grandview Manor to the entrance of the project site located at 28820 Grandview Manor.

APPROXIMATE CENTRAL COORDINATES:  Latitude 30.691232°
                                                                          Longitude -81.545276°

PROJECT PURPOSE:

Basic: The basic project purpose is navigation.

Overall: The overall project purpose is access to navigable waters from the Waterman’s Bluff development.

EXISTING CONDITIONS: The project site is located along the Bells River. The project site currently has a previously authorized pier that was constructed for use by the residents of the Waterman’s Bluff development. There is no submerged aquatic
vegetation or emergent vegetation located in the area of the proposed work. The project site is bordered to the south by residential development and to the north, east, and west by marsh and open water.

PROPOSED WORK: The applicant seeks authorization to add a 33-slip dock with a kayak launch onto an existing previously authorized residential pier. The 33-slip dock would provide access to navigable waters for the residents of the Waterman’s Bluff subdivision. The structure would include a 40-foot by 40-foot covered platform, a 5-foot by 35-foot gangway, a 12-foot by 49-foot walkway, a 3-foot by 12-foot gangway, a 12-foot by 20-foot kayak launch, an 8-foot by 51-foot walkway, a 12-foot by 117-foot access pier, an 8-foot by 220-foot access pier, thirteen 4-foot by 35-foot finger piers, a 4-foot by 25-foot finger pier, and three 5-foot by 45-foot finger piers. There would also be 16 additional mooring pilings associated with the boat slip areas.

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 avoided and minimized impacts by proposing the dock the size needed for the development.

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

Compensatory mitigation is not offered for the proposed marina.

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:

Since the proposal is for in-water work, the Corps evaluated the potential impacts to the West Indian Manatee (Trichechus manatus), 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 sequence A > B > C > G > H > I > J > L > N > O > P > May affect, not likely to adversely affect, with no further consultation with the United States Fish and Wildlife Service (USFWS) required.

The Corps evaluated the potential impacts to the North Atlantic Right Whale (Eubalaena glacialis), Loggerhead sea turtle (Caretta caretta), Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata), Kemp's Ridley sea turtle (Lepidochelys kempii), Smalltooth sawfish (Pristis pectinata), Shortnose sturgeon (Acipenser brevirostrum), and Atlantic Sturgeon (Acipenser oxyrinchus) utilizing the National Marine Fisheries Service (NMFS) Jacksonville District’s Programmatic Biological Opinion (JAXBO) dated 20 November 2017. The Corps determined with the inclusion of the JAXBO special conditions in any permit issued for the proposed work, the proposed work may affect, but is not likely to adversely affect the species evaluated in the JAXBO. The proposed work was coordinated with the NMFS in accordance with the JAXBO coordination process and no further consultation is required.

Since the proposed work is located within the core foraging area for the Wood Stork (Mycteria americana), the Corps evaluated the potential impacts to the Wood Stork using The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida – September 2008 (Wood Stork Key). Use of the Wood Stork Key resulted in the following sequence: A > B > No effect to the Wood Stork, with no further consultation with the USFWS required.

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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Bells 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.

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, P.O. Box 4970, Jacksonville, Florida 32232-0019 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, Paula R. Johnson, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019; by electronic mail at paula.r.johnson@usace.army.mil or by telephone at (904)232-2503.

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.