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-2021-03379(SP-MLC)

CESAJ-RD-SM
Published Nov. 3, 2021
Expiration date: 12/3/2021

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 to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. §403) as described below:

 

APPLICANT:  Pierre Boumerhi

                       439 Spring Street

                       Houtzdale, PA  16651

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Atlantic Ocean.  The project site is located at a vacant lot at Saratoga Avenue,  legally described as BK 7 LT 49 PINE CHANNEL EST SEC TWO BIG PINE KEY PB6-2 , in Section 27, Township 66 South, Range 29 East, Big Pine Key, Monroe County, FL (RE# 00250280-000000).

 

Directions to the site are as follows:  Take US Highway No 1 South to mile marker 31±. Right at Ships Way. Left at Saratoga Avenue. Project Address:  Saratoga Ave, Big Pine Key, Monroe County, FL

 

APPROXIMATE CENTRAL COORDINATES:         Latitude:         24.675305°

                                                                                 Longitude:   - 81.369210°

 

PROJECT PURPOSE:

Basic:  The basic project purpose is for a single-family residence, shoreline stabilization and boating access.

Overall:  The overall project purpose is for a single-family residence, shoreline stabilization and boating access in Big Pine Key, Monroe County, FL.

 

EXISTING CONDITIONS:  The subject property is a vacant lot. The shoreline and lot accommodates wetland vegetation, including red mangroves and buttonwood.

 

PROPOSED WORK:  The applicant seeks authorization to construct, a dock with a boat lift, and place boulders to contain fill within the site. Specifically the applicant wants to place 380 cubic yards of fill in a wetland to construct a single family residence and use boulders to stabilize the fill pad and maintain the fill within the project footprint, to build an 8 ft wide by 75 ft long marginal dock with a 10 ft by 15 ft, 15,000 lb elevator boat lift and to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable 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: Prior to the start of construction, turbidity curtains will be deployed to isolate the construction site from ambient waters.  These will remain in place until all construction induced turbidity has subsided and water quality has returned to pre-construction conditions.  

 

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: If mitigation is required by the Army Corps of Engineers the appropriate mitigation will be determined with a UMAM and payment made to Keys Restoration Fund.

 

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 U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus) or its designated critical habitat.  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.  This determination partially was based on the implementation of the Standard Manatee Conditions for In-Water Work. The Corps has concurrence with this determination pursuant to the Effect Determination Key for the manatee dated April 2013 and addendum dated May 13, 2019. 

 

The real estate parcel number is 00250280-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the following species: Key Deer (Odocoileus virginianus clavium), the Lower Keys marsh rabbit (Sylvilagus palustris hefneri), and the Silver rice rat (Oryzomys palustris natator).

 

Key Deer (Odocoileus virginianus clavium): Potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs) dated 29 July 2013. The project is located in Big Pine Key or No Name Key.  Use of the SAGs resulted in the following sequential determination: A > B (1)- refer to HCP. The project is located within the developed land classification along a vegetated lot. The project purpose is for the development of a single-family residence and provide water access which will require the removal of vegetation. The applicant does not propose any fencing and/or will comply with the May 2012 Key Deer Fencing Guidelines. In addition, the applicant agrees to provide for habitat compensation via the Monroe County Land Development Regulations, Part II, Chapter 18, Sections 118-2 and 118-8 and proposing habitat compensation commensurate with the amount of native habitat lost. Based on the information provided above the project is located within the boundaries of the Service’s Biological Opinion (BO) to the Federal Emergency Management Agency (FEMA) for issuance of new flood insurance policies in potentially suitable habitat for federally listed species in Monroe County, Florida (Service Consultation Code: 2006-F-1005; Service 2010; FEMA BO) and complies with the HCP. The FEMA BO evaluated the effects of activities on several species within the Florida Keys, including but not limited to the indigo snake, LKMR, Key deer and silver rice rat. Take associated with this project for the indigo snake, LKMR, Key deer, and silver rice rat shall be addressed during consultation with Monroe County under the FEMA BO. As such, this project falls within the scope of activities evaluated; consequently, additional consultation for these species is not needed.

 

Potential impacts to the Lower Keys Marsh Rabbit were evaluated using the Lower Keys marsh rabbit (Sylvilagus palustris hefneri) Species Key, dated July 29, 2013, and resulted in the following sequential determination:  A > B > C > D > F “may affect, but not likely to adversely affect.” This determination is partially based on the applicant being provided the cat brochure. The Corps received programmatic concurrence from the FWS for projects that have a “NLAA determination; therefore, no incidental take will occur and no further consultation with the FWS is required.”

 

The Corps has determined the proposed project may affect, but is not likely to adversely affect (“MANLAA”) the swimming green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their designated critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata), and Nassau grouper (Epinephelus striatus) species. A no effect determination was reached on Acorpora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox).  The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act. 

 

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 5600 square feet of a submerged wetland lot, a wetland shoreline and submerged bottom in the canal utilized by various life stages of marine species.  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 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 Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL 33176 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, Megan Clouser, in writing at the Miami Permits Section, 9900 SW 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at Megan.L.Clouser@usace.army.mil; or, by telephone at (305)526-7182. 

 

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.