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-2016-02440(SP-AMK)

Published Jan. 6, 2017
Expiration date: 1/27/2017

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) as described below:

 

APPLICANT:  Geoff McGough

                       22925 John Avery Lane

                       Summerland Key, FL 33042

 

WATERWAY AND LOCATION: The project site is located at a developed single-family residential lot and would affect waters of the United States associated with a manmade canal tributary to the Atlantic Ocean.  The project site is located at 153 Galleon Lane; legally described as S ½ LT 14 AND ALL LT 15 BK 16 CUTTHROAT HARBOR ESTATES CUDJOE KEY PB4-165 in Section 28, Township 66 South, Range 28 East, Cudjoe Key, Monroe County, Florida 33042 (RE# 00179710-000000).

 

Directions to the site are as follows: Take U.S. 1 South to MM22.6± Oceanside; turn left onto Cutthroat Drive, turn right onto Jolly Roger Drive, and turn right onto Galleon Lane; project is located on the right at 153 Galleon Lane.

 

APPROXIMATE CENTRAL COORDINATES:         

Latitude: 24.66152

Longitude: -81.48056

 

PROJECT PURPOSE:

Basic: The basic purpose is to construct a single-family residence.

Overall: The overall purpose is for the development of a single-family residence in Cudjoe Key, Monroe County, Florida.

 

EXISTING CONDITIONS: The Corps conducted a site assessment on September 13, 2016.  The property is an undeveloped residential lot adjacent to a manmade canal.  The entire lot is considered to be a forested wetland within the Corps’ jurisdiction.  The majority of the buttonwood flat had been recently cleared, enabling more herbaceous vegetation, such as Blutaparon vermiculare (L.) Mears (saltweed) and Borrichia frutescens (sea oxeye daisy), to thrive.  Rhizophora mangle (red mangroves) were observed along a small section on the northern part of the shoreline.  No seagrasses or corals were observed within the assessment area.  

 

PROPOSED WORK: The applicant seeks authorization to place 300± cubic yards of fill, including 20± linear feet of 2-foot wide limerock boulders placed landward of the previously permitted preservation area, within an 8,450± square foot wetland area for a single-family residence and appurtenances; and to temporarily deploy silt fences 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: A temporary filter fabric fence and a permanent boulder retaining wall will be constructed to prevent fill from encroaching into the previously permitted preservation area.  

 

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 project is 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 subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the 500 meter focus area buffer for the Lower Keys marsh rabbit.  Potential impacts to the aforementioned species and its habitat were evaluated using the respective FWS Species Assessment Guides (SAGs), dated 29 July 2013.  Use of the SAGs resulted in the following sequential determination: A > F (2), “may affect, not likely to adversely affect (NLAA)” the marsh rabbit.  This determination is partially based on the proposal being for a residence with enforceable cat restrictions and the cat brochure being provided.  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 subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the 500 meter focus area buffer for the silver rice rat.  Potential impacts to the aforementioned species and its critical habitat were evaluated using the respective FWS Species Assessment Guides (SAGs), dated 29 July 2013.  Use of the SAGs resulted in the following sequential determination: A > E (2), “may affect, not likely to adversely affect (NLAA)” the rice rat.  This determination is partially based on the proposal being for a residence with enforceable cat restrictions and the cat brochure being provided.  Although the subject parcel is not located within the designated critical habitat, use of the SAGs resulted in the following sequential determination:  A > C > D (1), “NLAA” the rice rat’s critical habitat.  This determination is partially based on the applicant proposing removal of the species’ native habitat, the property not containing and/or being adjacent to contiguous tracts of the species’ native habitat greater than one acre in size, the applicant proposing habitat compensation commensurate with the amount of native habitat lost, and the cat brochure being provided.  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.

 

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 8,450± square feet (0.194 acres) of 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.