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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.


Published April 2, 2018
Expiration date: 5/2/2018

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

APPLICANT: Mr. Rob Thomas
                      6368 Park Lake Circle
                      Boynton Beach, FL 33437

WATERWAY AND LOCATION: The project would affect waters of the United States associated with construction of a single-family residence and non-profit big dog rescue farm. The project site is located at 2378 Palm Deer Drive, Loxahatchee (Section 21, Township 43S, Range 40E) Palm Beach County, FL 33412.

Directions to the site are as follows: Take I-95 to Southern Boulevard, west to Lion Country Safari Road, north to Deer Run Boulevard, west of Deer Run Boulevard and follow it around as it heads north and then west again to Palm Deer Drive, south on Palm Deer Drive, second lot on the left (east side of street).


Latitude:      26.715240°
Longitude: -80.340485°


Basic: The basic project purpose is to construct a single family residence and non-profit big dog rescue farm.

Overall: The overall project purpose is to construct a single family residence and non-profit big dog rescue farm in western Palm Beach County.

EXISTING CONDITIONS: The wetland system consists of a 1.45 acres freshwater wet prairie consisted of weedy herbaceous species and acacia seedlings. The existing area surrounding the project area consists of rural residential lots.

PROPOSED WORK: The applicant seeks authorization to fill the 1.45-acre wetland (7,018 cubic yards) for the construction of a single-family residence and big dog rescue farm.

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 plans on doing a dog rescue farm and leaving wetland there would be difficult with dogs running in the yard and the wetland, which is very mucky. The applicant has not avoided and minimized wetland impacts and will mitigate in an appropriate mitigation bank.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment:

The applicant will mitigate in an appropriate Mitigation Bank such as Loxahatchee Mitigation Bank.


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.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the threatened eastern indigo snake (Drymarchon corais couperi), the threatened wood stork (Mycteria Americana). The Corps has determined the proposed project will have no effect on the threatened Florida Scrub Jay (Aphelocoma coerulescens), crested Caracara (Caracara plancus audubonii), Everglades snail kite (Rostrhamus sociabilis plumbeus) and Red cockaded woodpecker (Leuconotopicus borealis). The determinations are described below:

Wood Stork: The site contains suitable foraging habitat and is within the core foraging area of the wood stork. The Corps utilized the South Florida Programmatic Concurrence Key for the Wood Stork dated May 18, 2010, and determined that the project may affect but is not likely to adversely affect the wood stork (path A-B-C-E) provided the loss of suitable foraging habitat will be replaced.

Eastern Indigo snake: The Corps determined that the proposed project activities are not likely to adversely affect the Eastern indigo Snake. Use of The Corps of Engineers, Jacksonville District and the U.S. Fish and Wildlife’s Indigo Snake Key dated 1 August 2017 resulted in a path of A-B-C-D-E, not likely to adversely affect. A determination of “not likely to adversely affect” was made for the Indigo snake provided the General Permit verification includes the special conditions for the Eastern Indigo Snake Protection Measures during construction and the permit will be conditioned such that all gopher tortoise burrows, active or inactive, shall be evacuated via methods pursuant to FWC excavation guidance prior to site manipulation in the vicinity of the burrows. Additionally, holes, cavities, and snake refugia other than gopher tortoise burrows shall be inspected each morning before planned site manipulation of a particular area with work stopping if an indigo snake is discovered.

The Corps has received U.S. Fish and Wildlife Service’s programmatic concurrence with this determination for the wood stork and indigo snake pursuant to Section 7 of the Endangered Species Act and no further consultation is required.

Florida scrub jay: The project is located within the species consultation area. Suitable habitats for the scrub-jay are not only the more “classic” xeric oak scrub, scrubby pine flatwoods, scrubby coastal strand, and sand pine scrub, but also include: improved, unimproved, and woodland pastures, citrus groves, rangeland, pine flatwoods, longleaf pine xeric oak, sand pine, sand pine plantations, forest regeneration areas, sand other than beaches, disturbed rural land in transition without positive indicators of intended activity, and disturbed burned areas. The project is not located in any of these types of habitats, therefore the Corps has determined that the project will have no effect on the species.

Audubon's Crested Caracara: The project is located within the species consultation area. This species prefers dry or wet prairies with scattered cabbage palms. Improved or semi-improved pasture is also utilized. Although there are a few cabbage palms on the project site, the remainder is cleared with mulch piles and sand and it is surrounded by development. There is no habitat for this species on site, therefore the Corps has determined that the project will have no effect on the species.

Everglade snail kite: The project is located within the species consultation area. The species regularly occur in lake shallows along the shores and islands of many major lakes, including Lakes Okeechobee, Kissimmee, Tohopekaliga (Toho) and East Toho. They also regularly occur in the expansive marshes of southern Florida such as Water Conservation Areas 1, 2, and 3, Everglades National Park, the upper St. John’s River marshes, and Grassy Waters Preserve. This species utilizes areas with extensive marsh systems or lake littoral zones. They feed almost exclusively on apple snails. Areas for foraging need to be open in order for the birds to see the snails. The project site does not contain habitat for this species.

Red-cockaded woodpecker: The project is located within the species consultation area. This species requires old-growth pine, preferably long leaf, although they will nest in slash and loblolly pine. They prefer areas that burn frequently so that the understory is ostensibly clear of young pines and hardwoods. Red-cockaded woodpeckers tend to live in clans, so more than one tree is necessary to accommodate this species. The project site has a few young pines that would not provide the type of habitat necessary to support this species, therefore the Corps has determined that the project will have no effect on the species.
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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410 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 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, Carolyn Farmer, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, FL 33410; by electronic mail at; by facsimile transmission at (561) 626-6971; or, by telephone at (561) 472-3527.

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.