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-2016-02963(SP-CMW)

Published Oct. 10, 2018
Expiration date: 11/8/2018
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: Hillsborough County
Operation and Maintenance Entity
601 East Kennedy Blvd.
Tampa, FL 33602

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Bullfrog Creek. The project site is located between the eastern end of Apollo Beach Boulevard and the western end of Paseo Al Mar Boulevard; in Sections 23, 24, 25 and 26, Township 31 South, Range 19 East and Section 19, Township 31 South, Range 20 East; Apollo Beach, Hillsborough County, Florida.

Directions to the site are as follows: From Tampa, follow I-75 South and take exit 246 toward Apollo Beach. Keep right at the fork in the ramp and merge onto Big Bend Road. Travel on Big Bend Road for 1.37 miles and then turn right onto US 301. Travel 1.53 miles and then turn right onto Paseo Al Mar Boulevard. Travel west until reaching the end of the road. Project is located directly west.

APPROXIMATE COORDINATES:
Start:                                       End:
Latitude 27.764796º               Latitude 27.763801º
Longitude -82.371435º           Longitude -82.359412º

PROJECT PURPOSE:
Basic: Transportation/Roadway Extension
Overall: Provide alternate east-west route between US 41 and US 301 in the Apollo Beach area of Hillsborough County.

EXISTING CONDITIONS: The project corridor extends from the Waterset development and the current terminus of Apollo Beach Boulevard, across the interstate (I-75) and Bullfrog Creek to the planned Belmont development. The planned development will be required to finish the road to the current Paseo Al Mar Boulevard terminus on the eastern end of the project. Current land use within the project area consists of a mosaic of habitat types to include the following upland and wetland acreages and community types: 12.7 acres of improved pasture dominated by ruderal grasses. 7.5 acres of freshwater forested mixed wetlands consisting of bald cypress (Taxodium disticnum), cabbage palm (Sabal palmetto), live oak (Quercus virginiana), laurel oak (Q. laurifolia) and red maple (Acer rubrum), with an understory of muscadine grape (Vitus rotundifolia), shiny-leaf wild coffee (Psychotria nervosa) and greenbriar (Smilax spp.). 6.2 acres of palmetto prairie consisting of saw palmetto (Serenoa repens) with occasional live oak and laural oak. 4.1 acres of pine flatwoods dominated by (Pinus elliotti) saw palmetto, wax myrtle (Morella cerifera) and a variety of other shrubs. 3.8 acres of exotic hardwood systems dominated by Brazilian pepper (Schinus terebinthifolia). 2.0 acres of upland coniferous forest consisting of live oak, cabbage palm (Sabal palmetto) and saw palmetto. A 0.2 acre willow and elderberry system consisting of Carolina willow (Salix caroliniana) and elderberry (Sambucus sp.).

Additionally, Bullfrog Creek and its associated riparian corridor traverses through the project site. Bullfrog Creek is a natural, perennial, meandering watercourse with a wide floodplain in the order of 1,800 feet in width. The watercourse is comprised of the main river channel and a densely vegetated overbank. The main stream channel is approximately 50 feet in width and is generally 4.5’ in depth. The existing area surrounding the project consists of existing or planned development areas and large preservation areas along Bullfrog Creek. Specifically, Bullfrog Creek Mitigation Park Wildlife and Environmental Area, managed by Florida Fish and Wildlife Conservation Commission (FWC) is located on the south end of the project area. The proposed project would require an encroachment into the 500-foot zoning restriction for the Bullfrog Creek Mitigation Park.

PROPOSED WORK: The applicant seeks authorization to construct a 6.1 mile 4-lane highway including a flyover of I-75 and bridge over Bullfrog Creek. Work will include fill placed in 1.1 acres of freshwater forested wetlands, clearing of 3.37 acres of freshwater forested wetlands, and secondary impacts to 1.19 acres of freshwater forested wetlands.

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: Given the preferred alignment and the fact that wetland impacts cannot be avoided in the crossing of Bullfrog Creek and floodway, the applicant conducted additional analysis to further minimize impacts by bridging Bullfrog Creek. Some of the alternatives considered bridging different lengths in order to avoid impacts to wetlands and waters. The currently proposed plan has been determined by the applicant to achieve the purpose while minimizing the impacts.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: The applicant proposes to provide mitigation through the purchase of 5.66 credits at a Corps approved mitigation bank.

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 proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake (Drymarchon corais couperi). This determination was made using the 2013 Effect Determination Key for the Eastern Indigo Snake. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary.

The Corps has determined the proposed project will have no effect on the Wood Stork. This determination was made using the 2008 Effect Determination Key for the Wood Stork. Pursuant to the key, no further consultation with the U.S. Fish and Wildlife Service is necessary.

The Corps has preliminarily determined the proposed project may affect, but is not likely to adversely affect the Florida scrub-jay (Aphelocoma coerulescens). The project site is located within the consultation area for the species and occupied habitat is located within the preserved lands directly abutting the property to the south. No species were document on-site by the applicant; however, species specific survey documentation has not been received. Due to the project site containing pine flatwoods which may provide
suitable habitat for the species and the presence of occupied Florida scrub-jay habitat in
close proximity to the project site, the Corps has determined the project may affect, not likely to adversely affect the Florida scrub-jay and will request U.S. Fish and Wildlife concurrence with this determination pursuant to Section 7 of the Endangered Species Act.

The Corps has determined the proposed project will have no effect on the Florida Grasshopper Sparrow as there is no suitable habitat on site.

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 Gulf of Mexico. 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 Tampa Permits Section within 30 days of this notice. For electronic mail (preferred) submit comments to Candice.M.Wheelahan@usace.army.mil. For standard mail submit comments to, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida, 33610.

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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palm Avenue, Suite 120, Tampa, Florida, 33610; by electronic mail at Candice.M.Wheelahan@usace.army.mil; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7064.

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.