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-2018-02531 (SP-LSL)

Published May 2, 2019
Expiration date: 6/1/2019

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

APPLICANT:        Florida Department of Transportation (FDOT) – District 1

Ms. Nicole Monies

801 North Broadway Avenue

Bartow, Florida  33830

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with L-63 Canal and Taylor Creek.  The project site is located on State Road (SR) 710 in Sections 9, 10, 11, 13, 14, 15, 16 and 24, Township 37 South, Range 35 East, Okeechobee, Okeechobee County, Florida.

Directions to the site are as follows:  The project is located between the existing SR 710 east of the L-63 Canal and extends to US 441. 













Basic:  Linear transportation.

Overall:  The overall project purpose is to construct a new alignment of SR 710 to facilitate truck access around the town of Okeechobee in Okeechobee County, Florida.

EXISTING CONDITIONS:  The wetland systems consist of a Streams and Waterways, Mixed Wetland hardwoods, Exotic Wetland Hardwoods, Cypress, Freshwater Marsh, and Wet Praire.  The onsite vegetation consists of pond cypress trees (Taxodium ascendens), red maple (Acer rubrum), sabal palms (Sabal palmetto), red root (Lachnanthes caroliniana), Hydrocotyle spp., Brazilian pepper (Schinus terebinthifolius), maidencane (Panicum hemitomon), and duck potato (Sagittaria lancifolia).  The soils along the corridor include Immokalee fine sand, Pineda fine sand, Manatee loamy fine sand, Basinger and Placid soils, and Basinger fine sand.  The existing area surrounding the project area consists of both improved and unimproved pastures, a single family residential neighborhood and some light industrial uses.

PROPOSED WORK:  The applicant seeks authorization to construct a new alignment of SR 710 which would result in 5.13 acres (4 acres of wetland and 1.13 acres of surface water) direct impacts to jurisdictional waters of the United States.  Secondary impacts would consist of 1.02 acres to jurisdictional waters of the United States.  A four-lane high speed urban typical section is proposed.  The typical roadway would consist of two 12’ wide travel lanes in each direction, separated by a raised 30’ wide grassed median.  This roadway section would also include 4’ shoulders to the inside of the travel lanes and 6½’ shoulders adjacent to the outside travel lanes.  Curb and gutter would be provided along the median and outside edges of the roadway along with a closed stormwater conveyance system.  A continuous 6’ wide concrete sidewalk would be provided on the south side of the roadway and a 10’ wide shared-used path would be provided on the north side of the roadway.  Appropriate left and/or right turn lanes would be constructed at major intersections.   

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:

The proposed new alignment was developed with the consideration of avoidance of impacts to natural resources while also maintaining FDOT requirements for turn radii and available land to purchase.  Specifically, the proposed typical roadway sections narrow within wetland areas to reduce impacts.  As a result, complete avoidance of wetlands was not possible.  Avoidance and minimization of impacts to wetlands and surface waters within the proposed alignment ROW becomes an inherently significant challenge as the acquired ROW is only as large as what is needed to accommodate the proposed road.  To reduce impacts, stormwater management facilities were designed in upland areas where practicable or refined in their design/placement to minimize impacts to or avoid surface waters altogether.

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

Mitigation for impacted wetlands would be provided in the form of the purchase of 1.11 forested credits and 1.10 herbaceous credits (2.21 total credits) from the Bluefield Ranch Mitigation Bank (BRMB).  The surface waters are most likely to be considered Suitable Foraging Habitat (SFH) for the wood stork.  Loss of SFH would be offset through the creation of additional SFH in the form of the proposed drainage swales.  Created SFH areas would consist of all proposed linear dry ponds and swales with bottoms that are set at an elevation of at least 1’ above the seasonal high ground water elevation as well as the littoral areas of wet retention ponds.  SFH would be replaced in kind, acre for acre, as much as is technically possible factoring in design parameters and ROW constraints.  The total existing impacted SFH outside of the mitigated wetlands within the project is 2.38 acres.  The proposed created SFH as a result of the project is 3.08 acres which fully offset the impacts to existing SFH. 


CULTURAL RESOURCES: Dated March 6, 2012, FDOT provided State Historic Preservation Office correspondence that concurred with FDOT’s determination of no effect to historic properties.  

ENDANGERED SPECIES:  Consultation was completed by FDOT (delegated NEPA authority from FHWA) for the Eastern indigo snake (may affect not likely to adversely affect (MANLAA)), wood stork (MANLAA), Everglades snail kite (MANLAA), Florida grasshopper sparrow (No Effect), and Audubon’s crested caracara (May affect, no jeopardy) with findings documented in US Fish and Wildlife (FWS) Biological opinion number 04EF2000-2009-F-0459 dated September 9, 2015.  Consultation with FWS is ongoing for the Florida bonneted bat (MANLAA). 

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 Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407 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, Mrs. Lisa S. Lovvorn, in writing at the Panama City Permits Section, 415 Richard Jackson Boulevard, Suite 411, Panama City Beach, Florida 32407; by electronic mail at; or, by telephone at (850) 285-9533. 

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 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.