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-2004-06564(SP-MIB)

Published June 20, 2017
Expiration date: 7/11/2017

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:     Sea Bird Marina, Inc.

                           C/o Antonio Papp, Jr.

                           P.O. Box 818

                           Long Key, Florida 33001

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the Florida Bay.  The project is located at 69501 Overseas Highway legally described Long Key Pt Lot 2 & filled Bay bottom in Section 27, Township 64 South, Range 35 East, Monroe County, Long Key, Florida. (RE#00098230-000000)

 

Directions to the site are as follows:  Take US 1 South to MM ± 69; Turn Right onto Sea Bird Marina located at 69501 Overseas Highway.

 

APPROXIMATE CENTRAL COORDINATES:          Latitude:      24.83802º

                                                                                  Longitude:  -80.79885º

 

PROJECT PURPOSE:

Basic:  The basic purpose is to improve boating access and shoreline stabilization.

Overall:  The overall purpose is to improve boating access and shoreline stabilization in Long Key, Monroe County, Florida.  

 

EXISTING CONDITIONS: The subject property consists of a dry-slip and wet-slip marina. The property is supported by a concrete seawall within the boat basins and riprap boulders along the dry-slip area. According to the agent the existing docking facility has accommodated the mooring for approximately 22 wet slips within the boat basin and 7 wet-slips along the southeastern corner of the property (totaling 29 wet-slips). The subject parcel also appears to facilitate the storage of dry slips along the northeast corner of the property. The existing area surrounding the project consists of development and the Overseas Highway. The boat basin consists of macro algae with scattered patches of dense seagrass resources. Siderastrea radians are present along the loose rocks, bay bottom and concrete debris within the project footprint. The buoy system shown on the aerials along the perimeter of the property has been removed.

 

PROPOSED WORK: The applicant seeks to replace an existing marina to accommodate a total of 30 wet slips at the subject site. The applicant proposes to perform the following work in/over U.S. navigable waters:

 

               a) Replace 1,144 square feet of existing docking facility within the same footprint

 

               b) Construct a new 3 foot wide by 16 foot long finger pier

 

               c) Install 6 new mooring piles to facilitate mooring along slip #1-4

 

               d) Construct a wave attenuator by placing 200 cubic yards of boulders within a 1,360 sq. ft. area along the outer piers of the boat basin

 

               e) Repair 880 square feet of existing concrete culvert and seawall with associated backfill resulting in the placement of 27 cubic yards of fill

 

               f) Turbidity screens will be deployed to isolate the construction site from ambient waters

 

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: Turbidity screens will be deployed to isolate the construction site from ambient waters.

 

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, mitigation will be required.  The applicant has indicated that the mitigation proposal will be based on the Keys Restoration Fund (KRF). Time lag and risk will be a required component of any mitigation requirement.

 

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 American crocodile (Crocodylus acutus) consultation area. According to the 28 October 2014 American Crocodile Key, the project does not support suitable nesting habitat for the crocodile. The Corps has reached a may affect, not likely to adversely affect determination for the crocodile. The Corps has concurrence with this determination pursuant to the Effect Determination Key (key#2) for the crocodile dated October 2014. 

 

The real estate parcel number is 00098230-000000 and is not on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County.

 

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), hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), and the smalltooth sawfish (Pristis pectinata) species. A no effect determination was reached on Acorpora sp. and its designated critical habitat and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox).  The Corps will request 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.  The proposal would impact approximately 2,294 square feet of submerged bottom.  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, Maria Bezanilla, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, Florida 33176; by electronic mail at Maria.I.Bezanilla@usace.army.mil; by facsimile transmission at (305) 526-7184 or, by telephone at (305) 779-6057. 

 

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.