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-2016-01409(SP-JKA)

Published Feb. 21, 2017
Expiration date: 3/23/2017

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

APPLICANT: Michael Lee  
                      934 Turner Quay
                      Jupiter, FL 33458

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Loxahatchee River. The project site is located within the Turner Quay residential canal entrance channel within the Loxahatchee River, in Section 36, Township 42 South, Range 40 East, Jupiter, Palm Beach County, Florida.

Directions to the site are as follows: From Interstate 95, take exit 87A, for Indiantown Road East. In approximately 1 mile turn left onto Center Street. Continue for approximately 1.75 miles and turn left onto Turner Quay. Take Turner Quay to the end of the street and the project is located within the waters adjacent to and north of the end of the street.

APPROXIMATE CENTRAL COORDINATES:

Latitude:     26.945435°
Longitude: -80.101728°

PROJECT PURPOSE:

Basic: Dredging and navigation

Overall: Dredge an existing entrance channel within the Loxahatchee River and improve navigation for residents of Turner Quay in Jupiter, Palm Beach County, Florida

EXISTING CONDITIONS: The project is located within the Loxahatchee River Aquatic Preserve, Outstanding Florida Waters. Within the proposed toe of channel to be dredged there are no documented seagrass; however adjacent to the toe of the channel there are Halodule wrightii and Halophila johnsonii (Johnson’s seagrass) documented seagrass beds. The Johnson’s seagrass (Halophila johnsonii) is 5 feet from the edge of the proposed dredging area and 135 square feet of Halodule wrightii with a density of 0.1 on the Braun- Blanquet evaluation method will be impacted by the dredging activities. Additionally twelve feet east and west of the proposed top of cut, there are loarge documented seagrass beds with a mixture of Halodule wrightii and Halophila johnsonii. The existing area surrounding the project area consists of residential homes, docks, and other entrance channels to surrounding communities.

PROPOSED WORK: The applicant seeks authorization to dredge the Turner Quay residential canal entrance channel to a depth of -4 and remove 43 cubic yards of sediment. Dredging will be conducted mechanically and should take approximately 2-3 days.

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:

“Seagrass beds will be staked prior to construction or dredging and an additional 5 foot setback from seawall will also be staked. No dredging will occur in these areas. Turbidity curtains will be deployed to contain turbidity from dredging activities.”

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

“The occurrence of Halodule wrightii within the cut area is documented as 135 square feet with a score 0.1 on the Braun- Blanquet evaluations. This is indicative of simply a few stray individual plants within the project boundary and no consequential stands or aggregations. The presence of these few individuals does not warrant direct impact mitigation, so no mitigation plan is currently offered.”

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 determined the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus) and its critical habitat. Use of the Corps of Engineers, Jacksonville District and the State of Florida Effect Determination Key for the Manatee in Florida dated April 2013, results in a path of A-B-C-G-H-I-N-O-P paragraph 4, provided the applicant adheres to the standard manatee construction conditions during the in-water work. The Corps has received programmatic concurrence from United States Fish and Wildlife Service on the West Indian manatee, therefore no further consultation is required.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the swimming sea turtles: (green sea turtle (Chelonia mydas), Kemp’s Ridley sea turtle (Lepidochelys kempii), and Loggerhead sea turtle (Caretta caretta)); the smalltooth sawfish (Pristis pectinata); and Johnson’s seagrass (Halophila johnsonii). The Corps will request National Marine Fisheries Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposal would have no effect on any listed threatened or endangered species or designated critical habitat.

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 0.28 acres of sandy benthic substrate utilized by various life stages of penaeid shrimp complex, red drum, 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.

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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 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, Jerilyn Ashworth, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at Jerilyn.Ashworth@usace.army.mil; by facsimile transmission at (561)626-6971; or, by telephone at (561)472-3508.

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.