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-2015-00185 (SP-JED)

Published March 16, 2017
Expiration date: 3/31/2017

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: Desoto Recycling and Disposal Landfill, LLC
Attn: James Gabbert
1250 Hidden Harbor Way
Sarasota, FL 34242-1429

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Shell Creek, a tributary of the Peace River. The project site is located at 13620 Northeast Highway 70 (aka PIN 31-37-27-0000-0010-0000), in Section 31, Township 37 South, Range 27 East, Arcadia, Desoto County, Florida.

Directions to the site are as follows: Head east on State Road 70 from Arcadia for approximately 12.6 miles. The project site is located on the north side of State Road 70.

Latitude 27.216075°
Longitude -81.657857°


Basic: The basic project purpose is commercial development.
Overall: The overall project purpose is the development of landfill and recycling facility to service Desoto County.

EXISTING CONDITIONS: The wetland system consists of a freshwater system. The onsite jurisdictional waters consist of 4.1 acres of freshwater marsh dominated by soft rush (Juncus effuses) with an outer ring of wax myrtle (Myrica cerifera) and ferns (Woodwardia spp.); 0.081 acre of freshwater marsh dominated by Brazilian Pepper (Schinus terebinthifolius); and 27.5 acres of agricultural ditches dominated by soft rush, Brazilian Pepper, ferns, and wax myrtle typical of low quality, impacted wetland systems.

The existing area surrounding the project area consists of commercial orchard agriculture to the north and west with existing waste processing facilities to the east.

PROPOSED WORK: The applicant seeks authorization to discharge 40,250 cubic yards of fill material into a total of 3.62 acres of waters of the United States consisting of 0.08 acres of wetlands and 3.54 acres of other waters consisting of ditches in order to construct a landfill and recycling facility.

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 applicant designed the proposed facility to limit the jurisdictional impacts primarily to the existing ditches on the site and a low quality 0.081 acre freshwater marsh dominated by Brazilian Pepper. The applicant designed the facility to avoid impacting a 4.1 acre freshwater marsh on the southern extent of the project site which represents the highest functioning wetland on the project site.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant stated that compensatory mitigation is not warranted for the proposed project given the characteristics of resources proposed for impact. The construction of the proposed facility would impact low quality wetlands with reduced function due to the agricultural activities on the project site and invasion of invasive exotic species. In addition, the proposed facility construction would impact drainage ditches that provide minimal to no wetland function for the watershed. Therefore, the applicant did propose any compensatory mitigation for the jurisdictional impacts.

CULTURAL RESOURCES: The Corps has determined that the proposed project likely has no potential to cause effect to historic properties/cultural resources. The permit area has been extensively modified by previous work and there is little likelihood a historic property may be affected. The project site has been subjected to extensive ditching and extensive agricultural manipulation that has likely destroyed or scattered any cultural resources present within the project site. Furthermore, 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: Option A: The Corps has determined the proposed project may affect, but is not likely to adversely affect the following species: Wood stork; Florida Grasshopper sparrow; Audubon’s Crested Caracara; and Eastern Indigo Snake. The Corps will request U.S. Fish and Wildlife Service concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined that the proposed project would have no effect on the Florida Scrub Jay. The proposed project would not impact scrub oak communities that support this species. In addition, the project site is primarily surrounded by pasture land and citrus groves that do not support this species.

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 proposed project would impact freshwater wetlands and other waters that do not support any anadromous fish species or their associated habitat. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Gulf of Mexico. 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 Tampa Permits Section, Gainesville Field Office, 2833 NW 41st Street Unit 130, Gainesville, FL 32606 within 15 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, James “Bo” Davidson, in writing at the Tampa Permits Section, Gainesville Field Office, 2833 NW 41st Street Unit 130, Gainesville, FL 32606; by electronic mail at; by facsimile transmission at (352) 264-7733; or, by telephone at (352) 264-7672.

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.