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.


Published May 11, 2017
Expiration date: 6/1/2017

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


APPLICANT: William A Adams

                      2525 40th Avenue

                      Saint Petersburg, FL  33714


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Atlantic Ocean.  The project site is located at an undeveloped lot on Hakluyt Lane; legally described as BK 12 LT 7 Cutthroat Harbor Estates 1st Addn Cudjoe Key PB5-60in Section 33, Township 66 South, Range 28 East, Cudjoe Key, Monroe County, Florida (MM23).  RE# 00185570-000000.


Directions to the site are as follows:  Take U.S. 1 South to MM 23; Turn left onto Spanish Main Drive; Turn right onto Puerto Bello Drive; Turn right onto Hakluyt Lane; Project is located at the second lot from the end of the road on the right.


APPROXIMATE CENTRAL COORDINATES:          Latitude:      24.647551°

                                                                                  Longitude:  -81.481003°



Basic:  The basic project purpose is to construct a single-family residence with associated infrastructure and boating access.

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


EXISTING CONDITIONS:  The property is located within a partially developed subdivision of Cudjoe Key. The property is situated between two undeveloped lots, a paved road and a canal that flows into the Atlantic Ocean. The subject parcel is an undeveloped wetland lot with mature herbaceous vegetation and a red mangrove shoreline.


PROPOSED WORK:  The applicant seeks authorization to place approximately 435 cubic yards of fill in approximately 5,925 square feet of jurisdictional wetlands, to install a single row of limerock boulders along the perimeter of the fill, to install a 370 square foot T-shaped dock comprised of a 4 foot wide by 10 foot long access walkway and a 5 foot wide by 60 foot long terminal platform with 16 associated pilings and a 2 foot wide by 16 foot long extension, to avoid 400 square feet of wetland shoreline, and to install temporary filter fencing to isolate the construction site from the adjacent wetlands.


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 for the residence, filter fencing will be constructed to isolate the construction site from adjacent wetlands. The filter fencing will remain in place until the fill retention wall is complete. A 400 square foot area of red mangrove wetland shoreline will be designated as an Avoided Wetland Area and avoided and preserved in perpetuity.


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-N-O-P4 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. 


In addition, the project is located within American crocodile (Crocodylus acutus) consultation area.  According to the 28 October 2014 American Crocodile Key, the property does not support suitable nesting habitat for the crocodile as the shoreline consists of 100 percent herbaceous vegetation cover. Use of the Key resulted in the sequence #2 may affect, not likely to adversely affect. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its suitable nesting habitat.


The real estate parcel number is 00185570-000000 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the following species: the Eastern Indigo Snake (Drymarchon corais couperi), the Lower Keys marsh rabbit (Sylvilagus palustris hefneri) and Silver rice rat (Oryzomys palustris natator) 500 meter Focus Area Buffers.


The subject parcel is listed on the FWS 2011 Suitable Habitat List as being located within the focus area for the eastern indigo snake (Drymarchon corais couperi).  Potential impacts to the aforementioned species and its habitat were evaluated using the eastern indigo snake key (key) dated 25 January 2010, and amended 13 August 2013.  Use of the key resulted in the following sequential determination:  A > B > C > D > E (1), “may affect, not likely to adversely affect (MANLAA)” for the snake. This determination is partially based on the project being conditioned for use of the Service’s Standard Protection Measures for The Eastern Indigo Snake during site preparation and project construction. Therefore, no incidental take will occur, and no further consultation with the FWS is required.


Use of the Lower Keys marsh rabbit (LKMR; Sylvilagus palustris hefneri) Species Key, dated July 29, 2013, resulted in the following sequential determination:  A > F2 “may affect, but not likely to adversely affect.” Compensatory mitigation for unavoidable wetland impacts associated with the residence will be required, if approved. The applicant will be provided a cat brochure. Based on the information provided above the Corps has reached a MANLAA determination on the LKMR. No further coordination with the FWS is required.


Use of the Silver Rice Rat Species Key resulted in the following sequential determination:  A > E2 and A > B > C>D1 for the Critical Habitat key. Compensatory mitigation for wetland impacts associated with the residence and dock will be required. The applicant will be provided a cat brochure. Based on the information provided above the Corps has reached a MANLAA determination on the silver rice rat and its critical habitat. No further coordination 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), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), and the smalltooth sawfish (Pristis pectinata) species. A no effect determination was reached on smalltooth sawfish critical habitat, Acorpora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox) and the Nassau grouper (Epinephelus striatus). The Corps will request National Marine Fisheries Service concurrence with these determinations 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 370 square feet of wetland shoreline and submerged bottom 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 Southwest 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, Jessica Hogan, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at; by facsimile transmission at (305)526-7184; or, by telephone at (305)779-6052.


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.