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-2007-02744(SP-PRJ)

Published Nov. 18, 2019
Expiration date: 12/9/2019

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

APPLICANT:  Eden Marsh Development, LLC

                       1212 New York Avenue NW, Suite 1200

                        Washington, District of Columbia 20005

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with the St. Johns River.  The project site is located on the north side of Edenfield Road just west of Boat Club Drive, in Section 28, Township 1 South, Range 27 East, Jacksonville, Duval County, Florida.  

Directions to the site are as follows:  Traveling from downtown Jacksonville take the Matthews Expressway to the Matthews Bridge and Arlington Expressway.  Then travel north on University Boulevard.  Then take Edenfield Road traveling east.  Follow Edenfield Road to the project site which is located on a vacant parcel on the north side of Edenfield Road adjacent to the St. Johns River.  

APPROXIMATE CENTRAL COORDINATES:   

Latitude      30.382782°

Longitude  -81.598017°

 

PROJECT PURPOSE:

Basic:  The basic project purpose is navigation.

Overall:  The overall project purpose is access to navigable waters for a future upland residential development.

EXISTING CONDITIONS:  The project site is a 9.5-acre undeveloped parcel that is located on the north side of Edenfield Road.  The parcel is bordered by salt marsh to the west, residential development to the east, and the St. Johns River to the north.  The shoreline consists of emergent vegetation and oyster beds waterward of the emergent vegetation.  The emergent vegetation consists of marsh grasses.

PROPOSED WORK:  The applicant seeks authorization to construct a 50-slip marina to be utilized by a future upland residential development on the adjacent parcel.  The proposed marina would include an 8-foot by 651-foot main access pier with a 728-squarefoot gazebo and a 6-foot by 330-foot access walk with twelve 4-foot by 25-foot finger piers and thirteen 4-foot by 20-foot finger piers.  Each boat slip would include a boat lift.

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 project has been designed to minimize direct impacts to resources and water quality which may result from the dock construction and operation of the private residential docking facility.

COMPENSATORY MITIGATION – The applicant has provided the following explanation why compensatory mitigation should not be required:

Compensatory mitigation is not proposed.

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: 

Since the proposal is for in-water work in waters accessible to West Indian Manatee (Trichechus manatus), North Atlantic Right Whale (Eubalaena glacialis), Loggerhead sea turtle (Caretta caretta), Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata), Kemp's Ridley sea turtle (Lepidochelys kempii), Smalltooth sawfish (Pristis pectinata), and Shortnose sturgeon (Acipenser brevirostrum), the Corps utilized The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida – April 2013 (Manatee Key) to evaluate  the potential impacts to the manatee.  In addition, the Corps used The National Marine Fisheries Service Jacksonville District’s Programmatic Biological Opinion (JAXBO) – November 20, 2017, to evaluate the potential impacts to the whale, 5 sea turtles, sawfish, and sturgeon.  Through use of the Manatee Key and the JAXBO, the Corps determined that the proposed project may affect, but is not likely to adversely affect the West Indian Manatee (Trichechus manatus), North Atlantic Right Whale (Eubalaena glacialis), Loggerhead sea turtle (Caretta caretta), Green sea turtle (Chelonia mydas), Leatherback sea turtle (Dermochelys coriacea), Hawksbill sea turtle (Eretmochelys imbricata), Kemp's Ridley sea turtle (Lepidochelys kempii), Smalltooth sawfish (Pristis pectinata), and Shortnose sturgeon (Acipenser brevirostrum).  The determination of may affect, but is not likely to adversely affect the manatee did not require further consultation with the U.S. Fish and Wildlife Service.  The determination of may affect, but is not likely to adversely affect the whale, 5 sea turtles, sawfish, and sturgeon, requires additional coordination with the National Marine Fisheries Service through the JAXBO programmatic consultation process.  The Corps will initiate consultation with the National Marine Fisheries Service through the JAXBO consultation process.    

Since the proposed work is located within the Core Foraging Area for the Wood Stork (Mycteria Americana), the Corps evaluated the potential effects of the proposed work on the Wood Stork through the use of The Corps of Engineers, Jacksonville District, U.S. Fish and Wildlife Service, Jacksonville Ecological Services Field Office and State of Florida Effect Determination Key for the Wood Stork in Central and North Peninsular Florida – September 2008, the Corps has determined that the proposed work is not likely to adversely affect the Wood Stork (Mycteria Americana).  

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 St. Johns River.  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 Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019, within 21 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, Paula R. Johnson, in writing at the Jacksonville Permits Section, P.O. Box 4970, Jacksonville, Florida 32232-0019; by telephone at (904)232-2503 or by electronic mail at paula.r.johnson@usace.army.mil

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.