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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.


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Posted: 1/23/2018

Expiration date: 2/13/2018

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:        Snake Creek Marina of Islamorada, LLC

                              C/o Janeth Brody

                              85401 Overseas Highway

                              Islamorada, Florida 33036


WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Atlantic Ocean. The project site is located in Snake Creek Marina at 85401 Overseas Highway adjacent to a canal tributary to the Atlantic Ocean; legally described as Windley Island PB 1-50 Pt Gov Lt 1 (AKA Pt Swamp Lot) and Adj Bay Btm in Section 23, Township 63 South, Range 37 East, Islamorada, Monroe County, Florida. (RE#00093840-000000)


Directions to the site are as follows:  US Highway No 1 South to MM85; Project located at Snake Creek Marina at 85401 Overseas Highway.


APPROXIMATE CENTRAL COORDINATES:          Latitude:      25.31444º

                                                                                  Longitude:  -80.27895º



Basic:  To improve recreational access.

Overall:  To improve recreational access in Islamorada, Florida.


EXISTING CONDITIONS:  The wetland system consists of a saltwater system.  The project site supports a commercial facility adjacent to a canal tributary to the Atlantic Ocean to the north and the Atlantic Ocean to the east and south. The property supports an existing dry stack marina built around 2010 and a wet slip marina. According to the benthic survey conducted on March 25, 2017, the submerged bottom is comprised primarily of muck, gravel, and macroalgae. No mangroves, seagrass or corals are located within the project footprint. A small patch of Thallasia testudinum is located directly outside the project footprint.  A large wetland area surrounds the property along the east and south of the development. No impacts to the wetland area is proposed.  


PROPOSED WORK:  The applicant seeks authorization to remove 9 pilings, piers and floating dock, to abandon an existing boat ramp by placing two bollards or fence to prevent access for launching motorized vessels, to construct nine pile-support piers measuring 4 feet wide totaling 861 square feet, to install 24 new mooring piles, to remove an existing 240 square foot floating pier and replace within the same footprint supported with 6 guide posts and to install another 240 square foot floating pier supported with 6 guide posts for loading and unloading vessels from the existing dry stack facility, to install a 176 square foot floating pier supported with 6 guide posts for fueling, to maintenance dredge 250 cubic yards of submerged bottom within a 7,175 square foot area to minus -5 mean low water by clam shell or similar equipment within the boat basin, to install temporary floating turbidity barriers around all work areas that are in/over U.S. navigable waters and to avoid 154,335 square feet of wetlands in perpetuity. Dewatering area located on uplands onsite and clean fill to be used on upland sites and debris to be transported to landfill. The marina project will accommodate a total of 25 wet slips and 122 dry slips at the existing dry stack facility.


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 has determined the activity within the permit area is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.


ENDANGERED SPECIES:  The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect (“MANLAA”) the West Indian manatee (Trichechus manatus) or its designated critical habitat.  Since the proposal by the applicant is for in-water construction, potential impacts to the endangered manatee were evaluated using The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida (Manatee Key), dated April 2013.  Use of the Manatee Key resulted in the following sequential determination:  A > B > C > G > H > I > J > L > M2 > “may affect.” However, the agent has proposed additional manatee measures to minimize impacts to the manatee. As such, the Corps will request initiation of informal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter. 


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), kemps ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), the smalltooth sawfish (Pristis pectinata) and Acropora sp. critical habitat. The Corps has reached a no effect determination on Acropora sp. and corals species; (Dendrogyra cylindrus, Orbicella annularis, Orbicella faveolata, Orbicella franksi, Mycetophyllia ferox).  The Corps will request National Marine Fisheries Service’s 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 8,000 square feet of submerged bottom utilized by various life stages of marine life.  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 SW 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 SW 107th Avenue, Suite 203, Miami, Florida 33176, by electronic mail at Maria.I.Bezanilla@usace.army.mil, by fax 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.

Jacksonville District Monroe County permit public notice U.S. Army Corps of Engineers USACE