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-2017-01709 (SP-JLC)

Published April 10, 2018
Expiration date: 5/1/2018

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

APPLICANT: Jason Lyons
7808 NW 56th Place
Ocala, FL 34482

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Orange Lake. The project site is located adjacent to 18365 NW 45th Ave Road, in Section 27, Township 12 South, Range 21 East, Citra, Alachua County, Florida (parcel ID no. 02781-000-00).

Directions to the site are as follows: From I-75 North, take exit 368 for County Rd 318 toward Irvine/Orange Lake. Turn right onto W Hwy 318 (signs for Jal-Alel/Orange Lake/McIntosh). Turn left onto NW 53 Ct Rd. The project site is to the east, adjacent to Orange Lake.

APPROXIMATE CENTRAL COORDINATES:
Latitude: 29.423517°
Longitude: -82.198128°

 

PROJECT PURPOSE:
Basic: Aquatic plant control/removal to restore appropriate habitat conditions for aquatic fauna.
Overall: Aquatic plant control in Orange Lake, Alachua County, Florida.

EXISTING CONDITIONS: The work is proposed in Orange Lake, a freshwater system. The lake system within the review area includes areas of intermittently exposed rooted vascular aquatic beds; marsh; tussocks and woody shrubs; as well as contiguous seasonally flooded deciduous forested wetlands, mixed wetland hardwoods and cypress.

PROPOSED WORK: The applicant seeks authorization to perform approximately 20 acres of mechanical aquatic plant maintenance activities related to habitat restoration and navigation maintenance in Orange Lake. The proposed maintenance techniques include mechanical harvesting of nuisance floating and/or rooted vegetation with upland disposal; mechanical excavation of nuisance emergent vegetation with upland disposal; and mowing, disking, rototilling and/or rollerchopping of tussocks and aquatic plants during dry lake conditions. Work includes the removal of all vegetation within a 50 foot access corridor to open water.

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: Removed vegetative material and sediments will not be sidecast into waters of the U.S., but will be moved to an upland site within the property 300 feet or more from the lake. The applicant’s intent is to restore the shallow water marsh system.

COMPENSATORY MITIGATION – The applicant has provided the explanation why compensatory mitigation should not be required: The applicant indicates that the intent of the project is to restore the shallow water marsh system and improve oxygen levels in Orange Lake, restoring more favorable habitat conditions for fish, wading birds and migratory waterfowl.

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 Corps has determined the proposal “may affect, but is not likely to adversely affect” the threatened wood stork (Mycteria americana). Potential impacts to the wood stork were evaluated using the Wood Stork Effect Determination Key dated September, 2008 (Key). The Corps has programmatic concurrence with the sequential determination of A > B > C > D > E > “not likely to adversely affect” pursuant to the Key.

The Corps has determined the proposal “may affect, but is not likely to adversely affect” the federally threatened eastern indigo snake (Drymarchon corais couperi). Potential impacts to the eastern indigo snake were evaluated using the Eastern Indigo Snake Key dated January 25, 2010, and updated August 13, 2013. The Corps has programmatic concurrence with the sequential determination of A > B > C > “not likely to adversely affect” pursuant to the Key. This determination is based on the applicant implementing the Standard Protection Measures for the Eastern Indigo Snake.

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 due to the project’s location in an inland freshwater system. 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: The applicant received verification from the Florida Department of Environmental Protection on May 18, 2017, that the project is exempt from the need to obtain a regulatory permit (file no. 01-0353383-001-EE). The applicant received Aquatic Plant Control Permit no. IPM-17-00159 from the Florida Fish and Wildlife Conservation Commission on April 20, 2017.

COMMENTS regarding the potential authorization of the work proposed should be submitted in writing to the attention of the District Engineer through the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, FL 33610 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 Cordwell, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120 Tampa, Florida 33610, by telephone at (813)769-7067, by fax at (813)769-7061, or by electronic mail at Jessica.L.Cordwell@usace.army.mil.

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, aesthetics, 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.

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.