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-2005-01086(SP-KHN)

USACE Jacksonville District, Regulatory Division
Published June 7, 2023
Expiration date: 6/28/2023

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: Broward County Natural Resources Division
â„… Audie Kilfoyle
115 South Andrews Avenue, Room 329-H
Fort Lauderdale, FL 33301

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located approximately 0.42 mile offshore of Broward County, Florida. The exact locations for the mooring buoys are:

Tally

Buoy Array

Buoy Number

Latitude(DD)

Longitude(DD)

Authorization

1

Deerfield

10

26.315828

-80.066280

SAJ-2005-01086

2

Deerfield

9

26.314467

-80.066613

SAJ-2005-01086

3

Deerfield

8

26.313728

-80.066583

SAJ-2005-01086

4

Deerfield

7

26.313093

-80.066705

SAJ-2005-01086

5

Deerfield

6

26.306860

-80.067955

SAJ-2005-01086

6

Deerfield

5

26.305752

-80.067838

SAJ-2005-01086

7

Deerfield

4

26.304223

-80.067998

SAJ-2005-01086

8

Deerfield

3

26.303425

-80.068010

SAJ-2005-01086

9

Deerfield

2

26.293802

-80.068732

SAJ-2005-01086

10

Deerfield

1

26.292902

-80.068698

SAJ-2005-01086

11

Pompano Drop-Off (North)

11

26.234318

-80.082115

SAJ-2005-01086

12

Pompano Drop-Off (North)

10

26.233105

-80.082152

SAJ-2005-01086

13

Pompano Drop-Off (North)

9

26.232148

-80.082253

SAJ-2005-01086

14

Pompano Drop-Off (North)

8

26.231002

-80.082395

SAJ-2005-01086

15

Pompano Drop-Off (North)

7

26.229830

-80.082455

SAJ-2005-01086

16

Pompano Drop-Off (North)

6

26.228750

-80.082617

SAJ-2005-01086

17

Pompano Drop-Off (North)

5

26.227467

-80.082782

SAJ-2005-01086

18

Pompano Drop-Off (North)

4

26.226367

-80.082840

SAJ-2005-01086

19

Pompano Drop-Off (North)

3

26.225203

-80.082968

199231946

20

Pompano Drop-Off (North)

2

26.224098

-80.083050

199231946

21

Pompano Drop-Off (North)

1

26.222990

-80.083253

199231946

22

Pompano Drop-Off (South)

31

26.219350

-80.083435

199231946

23

Pompano Drop-Off (South)

30

26.218902

-80.083465

199231946

24

Pompano Drop-Off (South)

29

26.218317

-80.083698

199231946

25

Pompano Drop-Off (South)

28

26.217767

-80.083782

199231946

26

Pompano Drop-Off (South)

27

26.217250

-80.083817

199231946

27

Pompano Drop-Off (South)

26

26.216717

-80.083900

199231946

28

Pompano Drop-Off (South)

25

26.216152

-80.084018

199231946

29

Pompano Drop-Off (South)

24

26.215667

-80.084100

199231946

30

Pompano Drop-Off (South)

23

26.215233

-80.084135

199231946

31

Pompano Drop-Off (South)

22

26.214700

-80.084185

199231946

32

Pompano Drop-Off (South)

21

26.214117

-80.084235

199231946

33

Pompano Drop-Off (South)

20

26.213633

-80.084300

199231946

34

Pompano Drop-Off (South)

19

26.213083

-80.084368

199231946

35

Pompano Drop-Off (South)

18

26.212567

-80.084433

199231946

36

Pompano Drop-Off (South)

17

26.212067

-80.084535

199231946

37

Pompano Drop-Off (South)

16

26.211550

-80.084633

199231946

38

Pompano Drop-Off (South)

15

26.211017

-80.084668

199231946

39

Pompano Drop-Off (South)

14

26.210467

-80.084718

199231946

40

Pompano Drop-Off (South)

13

26.209933

-80.084802

199231946

41

Pompano Drop-Off (South)

12

26.209417

-80.084817

199231946

42

Pompano Drop-Off (South)

11

26.208850

-80.084917

199231946

43

Pompano Drop-Off (South)

10

26.208317

-80.084985

199231946

44

Pompano Drop-Off (South)

9

26.207750

-80.085050

199231946

45

Pompano Drop-Off (South)

8

26.207200

-80.085067

199231946

46

Pompano Drop-Off (South)

7

26.206700

-80.085067

199231946

47

Pompano Drop-Off (South)

6

26.206165

-80.085083

199231946

48

Pompano Drop-Off (South)

5

26.205668

-80.085067

199231946

49

Pompano Drop-Off (South)

4

26.205183

-80.085067

199231946

50

Pompano Drop-Off (South)

3

26.204633

-80.085002

199330484

51

Pompano Drop-Off (South)

2

26.204133

-80.085052

199330484

52

Pompano Drop-Off (South)

1

26.203583

-80.085168

199330484

53

Hall of Fame

9

26.194633

-80.084750

199330484

54

Hall of Fame

8

26.193952

-80.084633

199330484

55

Hall of Fame

7

26.193467

-80.084298

199330484

56

Hall of Fame

6

26.192900

-80.084333

199330484

57

Hall of Fame

5

26.192435

-80.084567

199330484

58

Hall of Fame

4

26.192052

-80.084868

199330484

59

Hall of Fame

3

26.191350

-80.084502

199330484

60

Hall of Fame

2

26.190983

-80.084882

199330484

61

Hall of Fame

1

26.190583

-80.085035

199330484

62

Anglin's Ledge

11

26.195032

-80.086833

199330484

63

Anglin's Ledge

10

26.194502

-80.086815

199330484

64

Anglin's Ledge

9

26.193467

-80.086833

199330484

65

Anglin's Ledge

8

26.192400

-80.086985

199330484

66

Anglin's Ledge

7

26.191300

-80.087052

199330484

67

Anglin's Ledge

6

26.189217

-80.087350

199330484

68

Anglin's Ledge

5

26.188185

-80.087618

199330484

69

Anglin's Ledge

4

26.187167

-80.087617

199330484

70

Anglin's Ledge

3

26.186117

-80.087768

199330484

71

Anglin's Ledge

2

26.185050

-80.087932

199330484

72

Anglin's Ledge

1

26.183950

-80.088032

199330484

73

Oakland Ridges

15

26.157900

-80.089000

199330484

74

Oakland Ridges

14

26.157350

-80.088915

199330484

75

Oakland Ridges

13

26.156900

-80.089133

199330484

76

Oakland Ridges

12

26.156483

-80.088850

199330484

77

Oakland Ridges

11

26.155833

-80.088833

199330484

78

Oakland Ridges

10

26.155352

-80.089065

199330484

79

Oakland Ridges

9

26.154800

-80.089018

199330484

80

Oakland Ridges

8

26.154233

-80.089017

199330484

81

Oakland Ridges

7

26.153717

-80.089167

199330484

82

Oakland Ridges

6

26.153217

-80.089235

199330484

83

Oakland Ridges

5

26.152700

-80.089232

199330484

84

Oakland Ridges

4

26.152232

-80.089698

199330484

85

Oakland Ridges

3

26.151650

-80.089733

199330484

86

Oakland Ridges

2

26.151300

-80.089733

199330484

87

Oakland Ridges

1

26.150915

-80.089868

199330484

88

The Caves

10

26.129250

-80.091050

199330484

89

The Caves

9

26.128798

-80.091483

199330484

90

The Caves

8

26.128252

-80.091418

199330484

91

The Caves

7

26.127752

-80.091598

199330484

92

The Caves

6

26.127182

-80.091682

199330484

93

The Caves

5

26.126668

-80.091650

199330484

94

The Caves

4

26.126065

-80.091682

199330484

95

The Caves

3

26.125767

-80.091983

199330484

96

The Caves

2

26.125248

-80.091767

199330484

97

The Caves

1

26.124700

-80.091918

199330484

98

Barracuda Reef

25

26.082350

-80.095517

89LP30016

99

Barracuda Reef

24

26.081733

-80.095650

89LP30016

100

Barracuda Reef

23

26.081248

-80.096385

89LP30016

101

Barracuda Reef

22

26.081018

-80.095898

89LP30016

102

Barracuda Reef

21

26.080450

-80.095818

89LP30016

103

Barracuda Reef

20

26.079867

-80.095835

89LP30016

104

Barracuda Reef

19

26.079383

-80.095832

89LP30016

105

Barracuda Reef

18

26.078848

-80.095767

89LP30016

106

Barracuda Reef

17

26.078282

-80.095783

89LP30016

107

Barracuda Reef

16

26.077848

-80.096033

89LP30016

108

Barracuda Reef

15

26.077483

-80.096167

89LP30016

109

Barracuda Reef

14

26.077223

-80.095838

89LP30016

110

Barracuda Reef

13

26.076385

-80.095833

89LP30016

111

Barracuda Reef

12

26.075802

-80.095798

89LP30016

112

Barracuda Reef

11

26.075315

-80.096083

89LP30016

113

Barracuda Reef

10

26.074832

-80.096233

89LP30016

114

Barracuda Reef

9

26.074417

-80.096150

89LP30016

115

Barracuda Reef

8

26.074017

-80.096035

89LP30016

116

Barracuda Reef

7

26.073433

-80.095933

89LP30016

117

Barracuda Reef

6

26.072998

-80.096018

89LP30016

118

Barracuda Reef

5

26.072552

-80.096100

89LP30016

119

Barracuda Reef

4

26.072000

-80.096098

89LP30016

120

Barracuda Reef

3

26.071502

-80.096283

89LP30016

121

Barracuda Reef

2

26.070935

-80.096298

89LP30016

122

Barracuda Reef

1

26.070402

-80.096367

89LP30016


Directions to the site are as follows: I-95 to FL-810 E/W Hillsboro Blvd, east. North on N Ocean Dr, continue east on NE 2nd St. Northernmost buoy is located approximately 0.5 miles offshore from this location.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 26.1912°
Longitude: -80.0865°

PROJECT PURPOSE:

Basic: The basic project purpose is to maintain the existing mooring buoys for public mooring fields.

Overall: The overall project purpose is to maintain the existing mooring buoys for public mooring fields at eight (8) different diving and fishing locations offshore of Broward County, Florida.

EXISTING CONDITIONS: The project area is open ocean. Site specific surveys have not been performed; however, the general area is hard bottom/reef and sand habitat. The project area is located near several sites popular for diving/snorkeling due to the presence of corals and associated species. The Average depth in the project area is approximately 22.8 feet. The 122 mooring buoys have already been constructed in the locations and under the Corps’ authorizations specified in the table above.

PROPOSED WORK: The applicant seeks authorization to maintain the existing 122 mooring buoys for public mooring fields. The proposed maintenance will involve repairing and replacing all components of the mooring buoys as needed, including replacing anchors by drilling into the hardbottom; however, they will be replaced in the same location with great care taken to avoid sessile reef biota.

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 mooring buoys have already been installed and no discharge of dredged or fill material is proposed.

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

The mooring buoys have already been installed and only regular maintenance is proposed. No impacts are proposed to sessile reef biota; therefore, no mitigation is proposed.

CULTURAL RESOURCES:

The Corps is aware of recorded historic resources within or adjacent to the permit area and is evaluating the undertaking for effects to historic properties as required under Section 106 of the National Historic Preservation Act. This public notice serves to inform the public of the proposed undertaking and invites comments including those from local, State, and Federal government Agencies with respect to historic resources. Our final determination relative to historic resource impacts may be subject to additional coordination with the State Historic Preservation Officer, those federally recognized tribes with concerns in Florida and the Permit Area, and other interested parties.

ENDANGERED SPECIES:

The Corps has determined the proposed project may affect, but is not likely to adversely affect the West Indian manatee (Trichechus manatus); swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), hawksbill sea turtle (Eretmochelys imbricate), and loggerhead sea turtle (Caretta caretta) or its critical habitats for breeding and constricted migratory); corals (Acropora spp., Dendrogyra cylindrus, Orbicella spp., Mycetophyllia ferox) or their critical habitat; smalltooth sawfish (Pristis pectinata); North Atlantic Right Whale (Eubalaena glacialis); Giant Manta Ray (Mobula birostris); and Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus). The Corps will request U.S. Fish and Wildlife/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. Site specific surveys have not been performed; however, the general area is hard bottom/reef and sand habitat. The proposal would impact approximately 0.0001 acres of un-vegetated benthic habitat consisting of hardbottom utilized by various life stages of penaeid shrimp complex, reef fish, stone crab, spiny lobster, migratory/pelagic fish, and snapper/grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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.

NAVIGATION: The proposed structure is not located in the vicinity of a federal navigation channel.

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.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410 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, Kyle Nichols, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Palm Beach Gardens, Florida 33410; by electronic mail at Kyle.H.Nichols@usace.army.mil; by facsimile transmission at (561) 626-6971; or, by telephone at (561) 785-5644.

ADDITIONAL INFORMATION: After reviewing all available information pertaining to the completed work, the Department of the Army has not recommended legal action at this time. Final determination regarding legal action will be made after review of the project through the permit procedure.

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.

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.