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-1999-00036(SP-MLC)

CESAJ-RD-SM
Published May 26, 2021
Expiration date: 6/25/2021

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:            Dawn Fox

                                 Bluegreen Vacations

                                 Hammocks at Marathon

 

WATERWAY AND LOCATION:  The project would affect waters of the United States associated with Florida Bay.  The project site is located at 1688 Overseas Highway, Marathon, FL 33050 in Section 9, Township 66 South, Range 32 East, (real estate numbers 00102530-000100, 00102530-000101 and 00102530-000400).

 

Directions to the site are as follows:  From US-1 heading south, take Overseas Hwy until reaching Marathon, on Key Vaca, at approximately mile marker 48. Turn right  onto 17th Ct Gulf and Hotel is situated on the Bay.

 

APPROXIMATE CENTRAL COORDINATES:          Latitude  24.710364

                                                                                  Longitude - 81.107078

 

PROJECT PURPOSE:

Basic:  The basic project purpose is for recreation at a multi-family facility.

Overall:  The basic project purpose is for recreation at a multi-family facility in the Middle Keys, Monroe County, FL.

 

EXISTING CONDITIONS:  The wetland system consists of a saltwater system.  The onsite vegetation consists of a landscaped upland lot with an existing timeshare/condo facility.  The project area encompasses an existing boat basin with a bulkheaded concrete seawall. The existing area surrounding the project area consists of a pool to the west, buildings to the east and south and open water and an existing multi-slip marina.

 

PROPOSED WORK:  The applicant seeks authorization to fill a privately-owned basin, by placing 1000 cubic yards of fill over 4050 square feet of submerged bay bottom.

 

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:

 

“Demolition, construction and filling activities shall be conducted using barge-based and land-based mechanical equipment. The draft of the barge, tugboat and/or push boat is not expected to exceed 2 ft. Turbidity screens will be installed around the periphery of barge-based operations during demolition and construction activities.”

 

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

 

“Best management practices shall be used at all times during demolition, construction and filling activities.”

 

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:   A preliminary review the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service’s Protected Resource Divisions (NMFS-PRD)’s list of Endangered and Threatened Species indicates the following listed species may occur in the project area:

 

American crocodile: The project is located within American crocodile (Crocodylus acutus) consultation area.  According to the 28 October 2014 American Crocodile Key, the property located does not support suitable nesting habitat for the crocodile as the shoreline is hardened. Use of the Key resulted in the sequence #2. Therefore, the Corps has reached a “may affect not likely to adversely affect” determination on the American crocodile and its suitable nesting habitat. No further consultation with the FWS is required for the American crocodile.

 

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

 

The real estate parcel numbers are 00102530-000100, 00102530-000101 and 00102530-000400 and is on the U.S. Fish and Wildlife Service Suitable Habitat List, dated August 2010, for Monroe County for the following species: : Eastern Indigo Snake (Drymarchon corais couperi).

 

The subject parcel is listed on the FWS 2011 Suitable Habitat List for the Eastern Indigo snake (Drymarchon corais couperi).  Since critical habitat has not been designated for the indigo snake, potential impacts to D. c. couperi were evaluated using the Eastern Indigo Snake Programmatic Effect Determination Key dated August 1, 2017 (Snake Key).  Due to the permit being conditioned for use of the Service’s Standard Protection Measures for The Eastern Indigo Snake during site preparation and project construction, use of the Snake Key resulted in the following sequential determination:  A….Project is located solely in open water or salt marsh, “no effect.” Therefore, pursuant to the Snake Key, no further consultation with the FWS is required.

 

Smalltooth Sawfish and Swimming Sea Turtles: The Corps has determined the proposed project “may affect, but is not likely to adversely affect” green sea turtles (Chelonia mydas), loggerhead sea turtles (Caretta caretta) and their critical habitat, hawksbill sea turtles (Eretmochelys imbricata), Kemp’s ridley sea turtles (Lepidochelys kempii), leatherback sea turtles (Dermochelys coriacea), smalltooth sawfish (Pristis pectinata), and Nassau grouper (Epinephelus striatus).  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. 

 

Federally Listed Corals: The Corps has determined the project will have “No effect” on elkhorn and staghorn corals (Acropora palmata, Acropora cervicornis) and their designated critical habitat.

 

This notice serves as request for information from the U.S. Fish and Wildlife Service, the National Marine Fisheries Service’s Protected Resource Division, and any other interested party, on whether any species listed or proposed for listing may be present in the area.

 

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 impact approximately 0.09 acres of seagrass habitat utilized by various life stages of the snapper-grouper complex.  Our initial determination is that the proposed action would not have a substantial adverse impact on EFH or Federally managed fisheries in the snapper-grouper complex.  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 Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, FL 33176 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, Megan Clouser, in writing at the Miami Permits Section, 9900 Southwest 107th Avenue, Suite 203, Miami, FL 33176; by electronic mail at Megan.L.Clouser@usace.army.mil; by facsimile transmission at (305)526-7184; or, by telephone at (305)526-7182. 

 

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.