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-2017-01052(SP-SCW)

Published June 23, 2017
Expiration date: 7/23/2017

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 404 of the Clean Water Act (33 U.S.C. §1344) as described below:

APPLICANT: Flagler County Board of County Commissioners
                      1769 East Moody Boulevard
                      Bunnell, Florida 32110

WATERWAY AND LOCATION: The project would affect waters of the United States associated with the Atlantic Ocean. The project site is located between Florida Department of Environmental Protection (FDEP) monuments R-2 and R-100, in Sections 8, 17, 20, 21, 28, and 32, Township 10 South, Range 31 East, and in Sections 3, 4, 10, and 35, Township 11 South, Range 31 East, between Marineland and Beverly Beach, Flagler County, Florida.

Directions to the site are as follows: From St. Augustine, travel south on US Highway A1A. The project site is located on the beach between Marineland and Beverly Beach, Florida.

APPROXIMATE CENTRAL COORDINATES:

Latitude:     29.580673°
Longitude: -81.174902°

PROJECT PURPOSE:

Basic: The basic project purpose is dune restoration.

Overall: The overall project purpose is to discharge fill material to restore dune habitat damaged by Hurricane Matthew in Flagler County, Florida.

EXISTING CONDITIONS: The onsite ecosystems consist of unvegetated beach and remnant dunes. The existing area surrounding the project area consists of single family residences, condominiums, commercial businesses and public parks.

PROPOSED WORK: The applicant seeks a 10-year authorization to discharge approximately 625,550 cubic yards of uplands sourced sand below the High Tide Line, between FDEP monuments R-2 and R-100. No sand placement would occur at or below the mean high tide line. The applicant seeks authorization for a maximum of four dune restoration events.

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:

“During construction the proposed project would require the implementation of sediment barriers to ensure water quality; the use of a turbidity mixing zone in accordance with the 401 WQC if required by the FDEP; and, downstream turbidity monitoring to enxure compliance with turbidity standards”.

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

“No compensatory mitigation is proposed. The proposed project will not impact any wetland or hardbottom communities”.

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:

Sea Turtles: The Corps has determined the proposed modification may affect, is likely to adversely affect the loggerhead (Caretta caretta), green (Chelonia mydas), leatherback (Dermochelys coriacea) and Kemp’s ridley (Lepidochelys kempi) sea turtles. Additionally, the Corps has determined that the proposed modification request falls within the scope of the August 2011 State Programmatic Biological Opinion (SPBO). The Corps will request concurrence with this determination with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

Piping Plover: The Corps has determined the proposed modification may affect, is not likely to adversely affect the Piping plover (Charadrius melodus). Additionally the Corps has determined that the proposed modification request falls within the scope of the May 22, 2013 Piping Plover Programmatic Biological Opinion. The Corps will request concurrence with this determination with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

Whales: The black right whale (Eubalaena glacialis) may use the waters offshore of the project area. Due to the location of the work proposed and the construction techniques proposed, the Corps believes that the project would have no effect on whales.

Wood Stork: The project site is approximately 6.9 miles southeast of the Matanzas Marsh wood stork (Mycteria americana) nesting colony; and, within the core foraging area (CFA) of that colony. However, the project would not affect suitable foraging habitat (SFH) for wood stork; therefore, the Corps believes that the project would have no adverse effect (no effect) on wood stork.

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. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the Atlantic Ocean. 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 Jacksonville Permits Section, P.O. Box 4970, Jacksonville, FL 32232 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 waters of the United States.

QUESTIONS concerning this application should be directed to the project manager, Shannon White, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, FL 32232; by electronic mail at shannon.c.white@usace.army.mil; by telephone at (904) 232-1681.

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.