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-2018-00042 (SP-PTR)

Published Oct. 23, 2018
Expiration date: 11/7/2018
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):

14400 Covenant Way
Lakewood Ranch, Florida 34202

WATERWAY AND LOCATION: This roadway project “Bourneside Boulevard North, Phase II” has Waters of the U.S. (WOUS) with split connections to Sand Branch/Lake Manatee and Mill Creek/Upper Braden River drainage basins, and thus within the greater Manatee River watershed. The northern portion of the project is within the Sand Branch sub-basin, the central portion flows to a tributary of Mill Creek, and the southern portion referred to as Tributary 2 flows to the Braden River. The project is geographically situated approximately 7.7 miles east of Interstate 75, stemming south off SR 64 East at Dam Road in Sections 1, 12 and 13, Township 35 South, Range 19 East, in Manatee County, Florida

Directions to the site are as follows: From Tampa head south on I-75, take exit 220A onto SR 64 East and go east for 7.7 miles, the project starts on the south side of SR 64 East at Dam Road. Proceed due south through the agricultural lands adjacent to the utility power line easement for approximately 2.20 miles for the linear alignment of the proposed “Bourneside Boulevard North, Phase II” project area.

Project Start: Latitude: 27.443440°N
Longitude: -82.350959°W

Project End: Latitude: 27.475234°N
Longitude: -82.351705°W

PROJECT PURPOSE: The project purpose is the construction of approximately 11,600 linear feet (LF) of four-lane divided roadway “Bourneside Boulevard North, Phase II”, along with associated infrastructure (i.e., utilities), a stormwater management system and intersection improvements at SR 64 East in Lakewood Ranch, Florida. The roadway will allow access to the mixed-use residential communities proposed within the developing Northeast Sector of Lakewood Ranch.
BASIC: Transportation
OVERALL: Construct a roadway, approximately 2.2 miles, known as Bourneside Boulevard North Phase II to facilitate access to residential communities in the Bradenton/Lakewood Ranch area and serve as a connection to Bourneside Boulevard South, Phase II.

EXISTING CONDITIONS: The subject roadway alignment includes past agricultural (row crop and citrus) and current agricultural (citrus, improved pasture, cattle grazing) land uses, upland forested buffer habitats, herbaceous wetlands, surface water drainage swales, upland cut ditches, and a Florida Power and Light (FPL) power line easement traversing the project area.

PROPOSED WORK: The applicant seeks authorization to impact 2.04 acres of wetlands and 1.69 acres of upland cut agricultural ditches, for a combined total of 3.73 acres. The impacts are associated with the road construction, wetland and ditch crossings, and associated infrastructure including a stormwater management system. Construction activities will include clearing, grubbing, lake excavation, site filling, utility installation, drainage installation, and roadway construction. The equipment will include but not limited to bull dozers, excavators, front end loader, dump trucks, and compactors.

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: “E Co and Heidt Design have worked closely with the Applicant and Manatee County to avoid and minimize ACOE jurisdictional impacts to the maximum extent feasible. Complete avoidance of wetland impacts would result in a project that could not be effectively designed and would not be economically practicable. The design of the roadway does not allow for the complete avoidance of impacts to the wetlands on site and requires that a portion of the wetland be impacted by filling for the linear roadway project area. Efforts to eliminate and reduce wetland impacts were employed during project design/alignment including direct avoidance of other wetlands in the surrounding landscape and remaining within the limits of the proposed 120 foot Right-Of-Way.”

In relation to reduction and elimination, wetland impacts appear to have been reduced to the greatest extent practicable in relation to Manatee County's preapproved roadway alignment.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation proposal plan to offset unavoidable functional loss to the aquatic environment: “Wetland mitigation to offset the proposed 2.04 acres of wetland impacts to Wetlands NE-WL-1A (1.76 acres) and NE-WL-15 (0.28 acre) will include mitigation bank credit withdrawals from the 'Long Swamp Mitigation Bank'. A total of 0.69 credits for the ACOE are requested to offset herbaceous impacts to 'Wetland NE-WL-1A' (0.64 credits) and 'Wetland NE-WL-15' (0.05 credits from the “Marsh” credits within the Long Swamp Mitigation Area. Due to the de minimis nature of the proposed other surface water (OSW) impacts, no mitigation is proposed for the upland cut agricultural ditches.”

The Corps will review all the information submitted and determine the appropriate compensation for the proposed impacts.

CULTURAL RESOURCES: The applicant provided the following “An inquiry to the Division of Historical Resources (DHR) was initiated to determine if any sites of historical or archaeological significance may be located within the project area. A response from the Florida Master Site File on October 17, 2017 revealed that no historical or archaeological sites are located within the project area. As the project site is not known to contain any sites of historical or archaeological importance, is subject to intensive ongoing agricultural activities and does not contain and is not adjacent to any lakes, it is highly unlikely that this site would contain any of these resources. However, if artifacts of potential historical or archaeological significance are revealed during construction activities, DHR will be notified immediately.”

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 reviewed all the essential databases for listed species that might be affected by the proposed project. The following species were reviewed;

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Eastern Indigo Snake. This determination was made using the 2013 Effect Determination Key for the Eastern Indigo Snake. According to FNAI data, “potential” habitat for the eastern indigo snake may be present within the project area. During the field reviews and wetland evaluations, the agent indicated that no eastern indigo snakes were observed within or adjacent to the project area. In addition, there were no gopher tortoise burrows located within the project area during the last site visit. The Project will be conditioned for use of the Service's “Standard Protection Measures For The Eastern Indigo Snake” during site preparation and project construction.

The applicant submitted the following information; The FNAI Biodiversity Matrix was consulted to determine documented, likely, and/or potentially occurring rare plants, animals, and natural communities in the vicinity of the project area. The most “likely” species and natural communities to occur in the vicinity of the project as listed by FNAI (Matrix Units 27382, 27383, and 27384) is Mesic flatwoods, the wood stork and Florida scrub-jay. There is one (1) wood stork rookery whose CFAs overlap the project area, which is located 11.5 miles northwest at the mouth of the Braden River.

The Corps has determined the proposed project may affect, but is not likely to adversely affect the Wood Stork. This determination was made using the 2008 Wood Stork Key for Central and North Peninsular Florida. Wood storks often forage in shallow rural ditches and ponds. The agent indicated that “no wood storks were observed during any of the site visits, and limited foraging habitat was observed associated with the onsite ditches.

The Corps initially has determined the proposal would have no effect on the Florida Scrub-Jay, Florida Grasshopper Sparrow, Audubon’s Crested Caracara or designated critical habitat. The project plans include impact to a portion of the following; improved pastures, tree nurseries, hardwood coniferous mixed areas, upland cut agricultural ditches, disturbed vegetated non-forested wetland, and a freshwater marsh.

Any information received concerning any of the species above or additional ones will be reviewed and considered for final determinations.

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. 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, 10117 Princess Palms Avenue, Suite 120, Tampa, Florida 36610 within 15 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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palms Avenue, Suite 120, Tampa, Florida 36610; by electronic mail at; by facsimile transmission at (813)769-7061; or, by telephone at (813)769-7072.

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.