Public Notice Notifications

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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 Dec. 4, 2018
Expiration date: 1/3/2019

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: SR Bacher Enterprises
                      1281 North Old US 1
                       Fort Pierce, FL 34946

WATERWAY AND LOCATION: The project is located within waters of the United States associated with the Cypress Creek watershed (HUC 030902060200) adjacent to North St. Lucie River Water Management District Canal No. 39. The project site is located adjacent to South Jenkins Road and Edwards Road, within Sections 30, Township 35S, Range 40E, Fort Pierce, St. Lucie County, Florida.

Directions to the site are as follows:


Latitude:     27.409203°
Longitude: -80.380327°


Basic: The basic project purpose is to construct a recreational facility.

Overall: The overall project purpose is to construct recreational campground facility in St. Lucie County, Florida.

EXISTING CONDITIONS: The KOA Fort Pierce project site is +56.1 acres. The wetland systems consists of 2.7 acres of freshwater marshes and 0.10 acres of non-wetland waters (ditches and ponds) dominated by exotic vegetation some of which are fed by a remnant agricultural well. The onsite wetland vegetation consists of Brazilian pepper, primrose willow, Carolina willow, leather fern, torpedo grass, and maidencane. The existing area surrounding the wetlands consists of a remnant agricultural field dominated by Brazilian pepper. Surrounding uses to the site include a regional drainage canal, roadways, excavated ponds, and single-family residences.

PROPOSED WORK: The applicant seeks authorization to discharge approximately 5,400 cubic yards of clean fill within 2.2 acres of freshwater wetlands, 200 cubic yards of fill within 0.06 acres of non-wetland waters, excavating 0.5 acres of freshwater wetlands, and excavating 0.04 acres of non-wetland waters. The proposed project consists of a Kampground of America (KOA) facility along with associated recreational amenities and stormwater lakes.

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:

Wetland systems onsite are severely degraded due to past agricultural uses and the regional drainage canal immediately to the north. In addition, portions of the wetland areas are currently fed by a remnant artesian well which has likely ruptured. Given the difficulty of restoring these wetland systems both hydrologically and vegetatively, the utilization of wetland mitigation credits at a permitted wetland mitigation bank is the preferred alternative.

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

Purchase of 0.53 freshwater herbaceous credits at a permitted mitigation bank.


The Corps is aware of historic property/properties within or in close proximity of the permit area. The Corps will initiate consultation with the State Historic Preservation Office and if applicable, those federally recognized tribes with concerns in Florida and the Permit Area as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.

ENDANGERED SPECIES: The project is within the range and consultation area of the threatened Audubon’s crested caracara (Polyborus plancus audobonii), Eastern indigo snake (Drymarchon corais couperi), Everglade snail kite (Rostrhamus sociabilis plumbeus), Florida grasshopper sparrow (Ammodramus savannarum floridanus), Florida scrub jay (Aphelocoma coerulescens), and wood stork (Mycteria americana).

• May affect, but is not likely to adversely affect the threatened Audubon’s crested caracara. Nesting or foraging habitat for the caracara consists of large expanses of pastures, grasslands, or prairies dotted with numerous shallow ponds and sloughs and single or small clumps of live oaks, cabbage palms, and cypress. The project area is comprised of pine flat woods, Brazilian pepper thickets, ditches, herbaceous wetlands, and former agricultural lands. A portion of the herbaceous wetlands may contain suitable habitat. No caracaras have been observed on site and according to information available from United States Fish and Wildlife Service (FWS) South Florida Ecological Services Office (SFESO), the closest known nest approximately 2.05 miles from the proposed project. A site visit will be conducted to determine if appropriate habitat is on site. Based on this information, a species survey has not required for this project and the Corps has determined the project may affect, but is not likely to adversely affect the crested caracara.

• The project site is located in an area where the eastern indigo snake may occur. The Corps has determined the proposal may affect the eastern indigo snake. The 56.1-acre project site contains 25 acres or more of potential eastern indigo snake habitat. By use of the FWS revised Eastern Indigo Snake Key dated August 1, 2017, the following key sequence A>B>C would result in a “May Affect” determination. The applicant will agree to conditions requiring that all gopher tortoise burrows, active or inactive, will be excavated prior to site manipulation in the vicinity of the burrow. If an eastern indigo snake is encountered, the snake must be allowed to vacate the area prior to additional site manipulation in the vicinity. Any permit will also be conditioned such that holes, cavities, and snake refugia other than gopher tortoise burrows will be inspected each morning before planned site manipulation of a particular area, and, if occupied by an eastern indigo snake, no work will commence until the snake has vacated the vicinity of proposed work.

• May affect, but is not likely to adversely affect the Everglade snail kite. The project is within the consultation areas. Kite foraging habitat consists of relatively shallow wetland vegetation, either within extensive marsh systems, or in lake littoral zones. Snail kite nesting substrate is typically located over open water at a distance of approximately 150 meters from the edge of water to provide protection to the nest. It is not likely that nesting habitat is present on site. No snail kites have been observed on site, but suitable forage (apple snails) have been documented. Based on the above information, the Corps has determined that the project may affect, but is not likely to adversely affect the snail kite. The need for a species survey for the project area will be determined based on guidance from US Fish and Wildlife service.

• No effect to the Florida Grasshopper Sparrow. The project is located within the species consultation area. However, suitable habitat (dry prairie that is relatively open and low in stature, treeless, relatively poorly-drained grasslands that have a history of frequent fires) is not found on site.

• No effect to the 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.

• Not Likely to Adversely Affect the wood stork. The applicant has proposed compensation for wetland impacts through the use of onsite wetland mitigation. By use of the FWS Wood Stork Key dated January 25, 2010 and the May 18, 2010 addendum, the following key sequence A>B>C>E would result in a “Not Likely to Adversely Affect” (NLAA) determination. Any loss of wood stork foraging biomass resulting from the proposed activity will be compensated for through the purchase of mitigation credits from a federally approved mitigation bank within the area. A functional assessment will be prepared upon verification of the wetland delineation prepared for this 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. The project site contains 2.70 acres of freshwater wetlands and 0.10 acres of non-wetland waters. 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, Trey Fraley, in writing at the Palm Beach Gardens Permits Section, 4400 PGA Boulevard Suite 500, Palm Beach Gardens, Florida 33410; by electronic mail at, or, by telephone at (561) 472-3526.

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.