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-2021-01311 (SP-JLC)

U.S. ARMY CORPS OF ENGINEERS - REGULATORY
Published Oct. 13, 2021
Expiration date: 11/2/2021

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:
VanNess Family Trust
C/o Thomas and Denise VanNess
1205 N. Meeting Tree Boulevard
Crystal River, FL 34429

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Magnolia Creek. The project site is located at 400 NW U.S. Highway 19, in Section 21, Township 18 South, Range 17 East, Crystal River, Citrus County, Florida. The overall property is bounded by the U.S. 19 to the south and is bisected by Magnolia Creek. The property is located on five parcels: ID #s 17-18-21-0090-0010, 17-18-21-0090-0020, 17-18-21-44300, 17-18-21-41400, and 17-18-21-44400.

Directions to the site are as follows: The project site is accessible via NW 6th Ave or directly along the east side of U.S. 19, approximately 0.8 mile north of the intersection of SR 44 in Crystal River, Florida.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 28.901407°
Longitude: -82.599653°

PROJECT PURPOSE:
Basic: Housing and commercial services.
Overall: Develop a mixed-use residential and commercial site that will provide multi-family residential units, hotel accommodations, and retail, office and restaurant space in the vicinity of the City of Crystal River Community Redevelopment District to meet local demand for multifamily residential housing and commercial services.

EXISTING CONDITIONS: The applicant provided information that the 27 acre project site contains 17.4 acres of forested wetland hardwoods (tidally flooded backwaters-stream and lake swamp habitat). Magnolia Creek runs north-south under U.S. 19 and bisects the property. Magnolia Creek is subject to the ebb and flow of the tide at the project site. A ditch extends east from Magnolia Creek and crosses under NW 6th Ave. Information from the applicant indicates that the ditch is also subject to the ebb and flow of the tide in its entirety. Information from the applicant indicates that the remainder of the site consists of 9.65 acres of forested uplands classified as temperate hardwoods. The applicant indicates that the uplands in the northwest portion of the project site are near pristine quality.

PROPOSED WORK: The applicant seeks authorization to perform the following activities in waters of the U.S.:

1. Discharge permanent fill material in 2.69 acres of wetlands and 0.61 acre of ditch (as measured below the annual high tide line) for the construction of a mixed use development.
2. Clear and regrade 0.25 acre of wetlands to construct a new 0.41 acre ditch extending from the east side of Magnolia Creek to NW 6th Ave, north of the location of the existing tidal ditch to be eliminated. The new 0.41 acre ditch would be subject to the ebb and flow of the tide.
3. Clear and regrade 0.88 acre of wetlands for the construction of floodplain compensation areas. This includes clearing and regrading 0.28 acre of wetlands around the proposed development west of Magnolia Creek; clearing and regrading 0.3 acre of wetlands directly adjacent to Magnolia Creek on the east side; and clearing and regrading 0.3 acre of wetlands east of NW 6th Ave.

AVOIDANCE AND MINIMIZATION INFORMATION – The applicant has provided the following statement in support of efforts to avoid and/or minimize impacts to the aquatic environment:  “A number of project alternatives were considered in an effort to avoid and minimize impacts to waters of the United States. Prior to sending a permit application to the Corps, the applicant tried to locate other available parcels within the target Redevelopment District. None that would meet the proposed project requirements were identified. At the proposed location, the Applicant also voluntarily reduced potential impacts by restricting development west of Magnolia Creek to the existing upland area immediately adjacent to US Hwy 19. In addition, development east of the Creek was designed to utilize that portion of the property that runs along Highway 19 and contains approximately 5 acres of uplands and an existing dirt road.”

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:  The applicant proposes that compensatory mitigation be satisfied via the relocation of the existing tidal ditch; on-site preservation of 11 acres of hardwood wetland and 4.5 acres of contiguous upland habitat; and construction of the floodplain compensation areas. Finally, the applicant proposes to purchase 0.32 mitigation bank credit from a federally approved mitigation bank within the Upper Coastal Areas watershed. The applicant indicates that if required, the applicant is prepared to acquire additional mitigation bank credits.

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 made the preliminary determination that the proposal may affect, but is not likely to adversely affect the federally threatened wood stork (Mycteria americana). Potential impacts to the wood stork were evaluated using the Wood Stork Effect Determination Key dated September, 2008 (Key). The Corps has programmatic concurrence with the sequential determination of A > B > C > D > “not likely to adversely affect” pursuant to the Key.

The Corps has made the preliminary determination that the proposal may affect, but is not likely to adversely affect the federally threatened eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key (Key) dated January 25, 2010, and updated August 13, 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > “not likely to adversely affect” pursuant to the Key.

The Corps has made the preliminary determination that the proposal may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus). Potential effects to the manatee were evaluated using the Effect Determination Key for the Manatee, dated April 2013 (Manatee Key). Use of the Manatee Key resulted in the following sequential determination: A > B > C > G > N > O > P5 > “not likely to adversely affect.” The project site contains Magnolia Creek and a ditch extending east from Magnolia Creek, and both waters are subject to the ebb and flow of the tide. Based on information from the applicant, Magnolia Creek flows through a 30 inch concrete pipe under US 19 and ends at a 4 foot wide by 10 foot long box culvert on the north side of US 19 at the project site. Both waters are potentially accessible to manatees, although the likelihood of manatees being present at the site may be low.

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 0.61 acre of ditch that is subject to the ebb and flow of the tide. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries. 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.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not alter, occupy, or use a Corps Civil Works project.

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 is 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 Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610 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, Jessica Cordwell, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120 Tampa, Florida 33610, by telephone at (813)769-7067, by fax at (813)769-7061, or by electronic mail at Jessica.L.Cordwell@usace.army.mil.

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, aesthetics, 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.

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.

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.