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-2017-00687 (SP-CMW)

Published Jan. 12, 2021
Expiration date: 2/2/2021

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: Town of Longboat Key
600 General Harris Street
Longboat Key, FL 34228

WATERWAY AND LOCATION: The project would affect waters of the United States associated with Sarasota Bay, between Longboat Key and Bradenton.

Directions to the site are as follows: From I-75 in Bradenton, take the exit for SR 64 (Manatee Ave. E.) and follow it for 14.5 miles until you reach Anna Maria Island. Take a left on 789 (East Bay Dr.). Travel approximately 6.5 miles to Gulf Bay Road and take a left. Project begins at the end of the road.

APPROXIMATE CENTRAL COORDINATES:
Beginning Point:
Latitude 27.415939º
Longitude -82.65501º

Ending Point:
Latitude 27.432801º
Longitude -82.628634º

PROJECT PURPOSE:
Basic: Utilities
Overall: Construct a replacement domestic wastewater force main for the town of longboat Key in Manatee County.

EXISTING CONDITIONS: The project is located in Sarasota Bay, in an area between Bradenton and Longboat Key. This area includes several different in-water habitats, from intertidal zones, to shallow subtidal to deep subtidal. The intertidal areas are colonized by mangroves (red, black, and white) as well as herbaceous tidal vegetation. The subtidal zones include various seagrasses (coverage from sparse to continuous), limited oysters, and bare sediment. The location also includes deep water areas such as an unnamed channel on the east and the intercoastal-waterway on the west.

PROPOSED WORK: The proposed project involves the construction of a 12,200-linear foot redundant force main underneath Sarasota Bay. The proposed force main will be constructed adjacent to and north of the existing force main using an open cut trench construction approach. Upon completion of the new force main, the existing force main will be rehabilitated by lining it with a smaller diameter HDPE pipe (upon which it could be used as a redundant sewage line or used for the return of highly treated water back to Longboat Key to be used for irrigation). Work will include temporary impacts due to open cut trenching, specifically direct impacts to 1.5 acres of mangroves, 3.5 acres of seagrasses, and 0.2 acre of oysters. Associated secondary impacts will include 2.2 acres of seagrasses.

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: Avoidance and minimization of impacts to wetlands and aquatic resources have been achieved by: 1) minor adjustments to the force main alignment; and 2) the proposed construction approach which minimizes the excavation footprint. This alignment was chosen after reviewing 8 alternatives for feasibility and environmental impacts.

COMPENSATORY MITIGATION – The applicant has offered the following compensatory mitigation plan to offset unavoidable functional loss to the aquatic environment: Compensation involves the backfilling of approximately 6.5 acres of previously deep trenched areas created during the original construction of the existing force main. This trenched area will be filled with compatible sandy sediments to a depth of -6 to -7 feet MSL to allow for the natural recovery of seagrass communities in these areas. Disturbed mangroves will be restored to natural grade and replanted on 3-foot centers.

CULTURAL RESOURCES: The Corps has determined the permit area the activity is of such limited scope there is little likelihood of impact upon a historic property; therefore, the proposed project would have “No Potential to Cause Effect”.

ENDANGERED SPECIES: The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the West Indian Manatee or its designated critical habitat. The Corps will request Fish and Wildlife Service's concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

The U.S. Army Corps of Engineers (Corps) has determined the project may affect, but is not likely to adversely affect the Smalltooth sawfish and/or swimming sea turtles. The Corps will request National Marine Fisheries Service's concurrence with this determination pursuant to Section 7 of the Endangered Species Act by separate letter.

ESSENTIAL FISH HABITAT (EFH): This notice initiates consultation on EFH as required by the Magnuson-Stevens Fishery Conservation and Management Act of 1996. The proposal would impact approximately 7.4 acres of habitats utilized by various life stages of Penaeid shrimp complex/Red drum/ Reef fish/Stone crab/Spiny lobster/Migratory-pelagic fish/Snapper-Grouper complex. Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries within the Gulf of Mexico since the impacts will be temporary. 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.

NAVIGATION: Based on the Florida State Plane coordinates provided by the applicant, the waterward edge of the proposed structure is within the Intracoastal Waterway Federal channel.

SECTION 408: The applicant will require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would alter, occupy, or use a Corps Civil Works project.

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/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 Palm Ave., Suite 120, Tampa, FL 33610 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, Candice Wheelahan, in writing at the Tampa Permits Section, 10117 Princess Palm Ave., Suite 120, Tampa, FL 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.