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.


Published Aug. 20, 2018
Expiration date: 9/19/2018

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: Riverland Kennedy, LLP
                      1600 Sawgrass Corporate Parkway, Suite 400
                      Sunrise, Florida 33323

WATERWAY AND LOCATION: The project would affect waters of the United States associated with wetlands and surface waters. The project site is located along SW Discovery Way, Port St. Lucie (Sections 15-22, 28, 33, and 34 , Township 37 south, Range 39 east), in St. Lucie County, Florida.

BACKGROUND: Issuance of the original Department of the Army permit (SAJ-2006-01921) on December 21, 2012, the property exhibited 14.43 acres of wetlands and 278.16 acres of surface waters. This permit was subsequently extended on December 22, 2017 until December 21, 2018. Of the original 14.43 acres of wetlands and 248.26 acres of waters of the U.S. onsite, approximately 5.28 acres of wetlands and 206.12 acres of waters of the U.S. have not been impacted. All impacts resulting from the overall project including the ones remaining to occur were mitigated through the purchase of 3.31 federal freshwater herbaceous credits from Bluefield Ranch Mitigation Bank.

Directions to the site are as follows: From PGA, proceed on I-95 north for 28 miles to SW Becker Road in Port St. Lucie. Take exit 114. Turn left and proceed west on SW Becker Road for a 1/4 mile and then tum right (north) onto Village Parkway. Continue on for 4.3 miles to Discovery Way and turn left on Discovery way. Drive west until the paved road ends. The site is located south-west of the intersection of Discovery Way and SW Community Boulevard.


Latitude:     27.241°
Longitude: -80.445°


Basic: The basic project purpose is residential, commercial, and institutional development.

Overall: The overall project purpose is residential, commercial, and institutional development within an existing partially developed parcel in St. Lucie County.

EXISTING CONDITIONS: The Riverland Kennedy property (Project) totals 3,800 +/- acres. The property is a fallow citrus grove and the majority of the land cover is comprised of abandoned citrus groves, some of which have been converted to pasture. An extensive canal, ditch, and swale system exists on the site, a remnant of the citrus operation. Several excavated areas exhibiting open water and vegetated fringes are scattered throughout the site.

PROPOSED WORK: The applicant seeks re-authorization to place fill within 5.28 acres of wetlands and 206.93 acres of other surface waters in order to complete the construction of a residential, commercial, and institutional development.

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:

Several alternative sites and site plans were considered for this project. An alternative analysis was conducted in 2011, consistent with the requirements of 40 CFR Section 230.10(“Section 404(b)(1) Guidelines”), and evaluated several alternatives available to the applicant at the time of market entry (2003). The alternative analysis identified the Riverland-Kennedy property as the only practicable alternative available at the time of market entry. The site analysis and review of mitigation criteria in 33 CFR 332 determined that additional avoidance of wetland areas on the project site and the preservation of these areas would not likely be successful.

These wetland areas are remnant, low quality, isolated areas and are not in close proximity to one another, and would thus be further isolated by the proposed development upon completion of the project. The ecological value for fish and wildlife would further reduced by the surrounding development to a point that would be equivalent to the loss of function due to direct impacts.

The proposed site plan includes the avoidance of 42.14 acres of other surface waters. Therefore, of the 249.07 acres of other surface waters on the site, 42.14 acres would be avoided and 206.93 acres are proposed to be impacted.

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

As this project was previously permitted, impacts to 14.43 acres of wetlands were previously authorized and have already been fully mitigated by the purchase of 3.31 federal freshwater herbaceous credits from Bluefield Ranch Mitigation Bank in 2013. As 9.15 acres of wetlands have been impacted by the development activity of Parcel A, 5.28 acres of wetlands remain to date, also previously authorized for impact and fully mitigated. The applicant is therefore proposing to continue using the previously purchased freshwater herbaceous Bluefield Ranch mitigation bank credits as compensation for the impact to the remaining 5.28 acres of wetland waters of the U.S.

The vegetated portion of the other surface waters of the U.S. will be replaced in kind by the creation of planted littoral zones in the proposed created lakes that will be a part of the surface water management system.

CULTURAL RESOURCES: The applicant conducted a Cultural Resource Assessment Survey (CRAS) over the entire property in April 2005. This survey was prepared to fulfill the historic resource requirements in response to Section 106 of the National Historic Preservation Act (1966) and submitted to the State Historical Preservation Officer (SHPO) for review. The CRAS was prepared to conform to the specifications set forth in Chapter 1A-46, Florida Administrative Code and Florida Division of Historic Resources (FDHR) Module 3 guidelines. The CRAS did not identify any previously recorded archaeological sites on site. As a result of the field investigations and shovel tests, no archeological sites or remains were found or regarded as archaeologically significant. SHPO issued a letter dated 14 April 2006 concurring with the findings of the CRAS.

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 proposed project may affect, but is not likely to adversely affect the Audubon’s crested caracara (Polyborus plancus audubonii), Everglade snail kite (Rostrhamus sociabilis plumbeus), and wood stork (Mycteria americana). The Corps will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposal may affect the Eastern indigo snake (Drymarchon corais couperi). The Corps will request initiation of formal consultation with the Fish and Wildlife Service pursuant to Section 7 of the Endangered Species Act by separate letter.

The Corps has determined the proposal would have no effect on all other listed threatened or endangered species or designated critical habitat.

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 5.28 acres of freshwater wetlands and 206.93 acres of freshwater ditches. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the South Atlantic Region. 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 Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 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, Samantha L. Rice, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard, Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at; by facsimile transmission at (561)626-6971; or, by telephone at (561) 472-3536.

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.