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-2021-00209 (SP-TMM)

Jacksonville District
Published May 11, 2021
Expiration date: 6/10/2021

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:           James McGrath

                                10401 NW 6th Street

                                Plantation, Florida 33324

WATERWAY AND LOCATION:  The project would affect waters of the United States (tidal wetlands) associated with the St. Johns River. The project site is located at 9790 County Road 13 North, in Section 37, Township 7 South, Range 27 East and Section 34, Township 6 South, Range 27 East, St. Augustine, St. Johns County, Florida.

Directions to the site are as follows:  From Jacksonville, take Interstate (I) 95 south. Exit onto CR 208 and head west. When CR 208 dead ends into CR 13 South at the St. Johns River, travel north. Travel approximately 1.66 miles and turn east into the property.

APPROXIMATE CENTRAL COORDINATES:         Latitude           29.926675°

                                                                                 Longitude -81.574778°


Basic:  The basic project purpose is single family residence.

Overall:  The overall project purpose is the establishment of a single-family residence at 9790 County Road 13 North in St. Johns County, Florida.


a. Vegetative Communities: The property is approximately 72 acres in size. The property encompasses four communities identified by the Florida Land Use, Cover, and Forms Classification System (FLUCFCS).  These communities are 50.95 acres of Wetland Hardwood Forests (FLUCFCS 617), 10.32 acres of Pine Flatwoods (FLUCFCS 411), 11.40 acres of Hardwood-Coniferous Mixed, and 0.40 acre of Rural Residential (FLUCFCS118).

b. Soils: The property encompasses 6 soil types, per the USDA Natural Resources Conservation Service, Web Soil Survey. These include 49.2 acres of Terra Ceia Muck (66), 13.6 acres of Pomona fine sand (9), 8.7 acres of Riviera fine sand (36), 2.8 acres of Holopaw fine sand (46), 0.6 acre of Bakersville muck (69), and 0.0 acre of Placid fine sand (46).

PROPOSED WORK:  The applicant seeks authorization to mechanically clear and discharge 12,799-cubic-yards of clean fill material over 1.707 acres of wetlands to facilitate the construction of a single-family residence and associated infrastructure. The work would include authorization to mechanically clear and discharge clean fill material for the construction of a road from CR 13 south to CR 208 to reach uplands that would be cleared for staging of equipment and burning of the trees removed for the residence. The proposed work is for a 5-year authorization period.

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 applicant originally submitted an application to clear 8 acres of wetlands. The proposed work has been decreased to a proposed 1.707 acres of impacts.

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

The Corps would work with the applicant to develop a functional assessment quantifying and qualifying the loss of wetland functions and services associated with the work proposed (loss of 1.707 acres of wetlands). Based on the functional analysis scores, the applicant would provide compensatory mitigation through the purchase of credits from a mitigation bank whose service area would encompass the project site location.


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 those federally recognized tribes with concerns in Florida and the Permit Area, and the Advisory Council on Historic Preservation as applicable pursuant to 33 CFR 325, Appendix C and Section 106 of the National Historic Preservation Act, by separate letter.


a. The Corps has determined the proposed project would have no effect on the West Indian Manatee (Trichecus manatus). The project site is not within an area accessible to manatees; however, the site is located in a Manatee Consultation Area and a Marine Protected Area for Florida 2013. In consideration of this information, the Corps utilized The Corps of Engineers, Jacksonville District, and the State of Florida Effect Determination Key for the Manatee in Florida, April 2013, to determine potential effects upon this species. Use of this key resulted in the sequence A > no effect. In consideration of the key sequence, additional coordination with the U.S. Fish and Wildlife Service (FWS) is not required.

b. The proposed work is located would involve clearing of an upland area on the southern end of the property; therefore, potential impacts to the eastern indigo snake were evaluated using Eastern Indigo Snake Programmatic Determination Key 2013. Use of this key resulted in the sequential determination A > B > C > Not Likely to Adversely Affect due to the property having no gopher tortoises, no burrows, holes, cavities, or other refugia where a snake could be buried or trapped, and due to the permit verification being conditioned for the use of the FWS’s Standard Protection Measures For The Eastern Indigo Snake during site preparation and project implementation. The FWS previously indicated that they concur with determinations of not likely to adversely affect based on the key for eastern indigo snakes; and, that no additional consultation is required.

c. The Corps executed a Resources At Risk (RAR) report on January 22, 2021. The RAR did not indicate that the site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species. The Corps also reviewed geospatial data and other available information. The Corps has not received or discovered any information that the project site is utilized by, or contains habitat critical to, any other federally listed threatened or endangered species.

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 proposal would not impact essential fish habitat.  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.

SECTION 408: The applicant will not require permission under Section 14 of the Rivers and Harbors Act (33 USC 408) because the activity, in whole or in part, would not 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 Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232 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, Terri M. Mashour, in writing at the Jacksonville Permits Section, Post Office Box 4970, Jacksonville, Florida 32232; by electronic mail at; by facsimile transmission at (904) 232-1940; or, by telephone at (904) 570-4512.  Please note, due to office staffing precautions associated with CoVid-19, electronic mail correspondence is preferred.

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.